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Minutes

Stated Meeting, March 6, 2008

Philadelphia City CouncilMar 6, 2008

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Council President Verna

The Chair agrees. 3/6/08 - STATED - 2ND READING That completes our First Reading Calendar for today, and the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.

Councilwoman Tasco

Thank you, Madam President. Today Bill Nos. 080084, 080005, 080076, Resolution 080041, 080006, Resolution 080040 and 080008 are being called up for Second Reading and Final Passage Calendar for today. Bill No. 080024 is being held.

Council President Verna

Thank you. The Chief Clerk will please read the title of Bill No. 080084.

Chief Clerk

An ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park and the Public Property Commissioner, on behalf of the City of Philadelphia, to enter into a lease with the Philadelphia Authority for 3/6/08 - STATED - 2ND READING Industrial Development to lease City-owned land south of Shelmire Avenue adjacent to the campus of the Fox Chase Cancer Center.

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Madam President. Madam President, this is the lease agreement that will finalize the City's efforts to transfer a portion of Burholme Park to the Fox Chase Cancer Center in a very long-term lease to enable the Cancer Center to stay at its present location and expand. The record, I think, is pretty clear that we've developed -- but I know this case is going to be argued in Orphans' Court. This is a challenge in Orphans' Court whether or not this transfer violates the will of Mr. Ryerrs, who granted this land to the City years ago. So I've just broken down my remarks into two parts. One is the reasons that the Cancer Center should be permitted to 3/6/08 - STATED - 2ND READING expand its existing campus and then, secondly, why other land cannot be substituted or swapped. Fox Chase has been at its current site since 1949. I know that's approximately 58 years ago. And has invested millions of dollars in improvements to that site and, while extremely tight on space, has gone to great lengths to maintain a pleasant, attractive and campus-like setting. Fox Chase Cancer has been a terrific neighbor to the surrounding communities. For the last several years, at its own expense, Fox Chase has performed various landscaping and other work to help maintain and improve Burholme Park. And I think, most importantly, Fox Chase requires a single campus to optimize and maximize its efforts to both treat and eventually try to cure cancer. Many critics have said, Why don't you just stay there, there's other 3/6/08 - STATED - 2ND READING sites you could build on, and have two campuses. They've made it clear at the Cancer Center that that's just not how a cancer center functions, that you have to integrate the clinical and the research personnel, the faculty, use the patient care process to intermingle with the research function. So there is absolutely good reasons and compelling reasons why the existing campus has to be expanded or else Fox Chase would have to pull up and try to find some other site. Then we get to the why not just replace 19 acres with 19 acres. If only it were that easy. During the early stage in the negotiations between the City Administration and Fairmount Park and Fox Chase Cancer Center regarding this lease, Fox Chase offered to donate a 13-acre tract of land to the City, which is located near Burholme Park but would actually have been in Montgomery County about a half mile from the campus, and while it's proximate, it's in Cheltenham 3/6/08 - STATED - 2ND READING Township, Montgomery County, not in Philadelphia County, and it would have presented some issues regarding its management and maintenance, but primarily it just would not have brought much benefit to the residents of the Fox Chase and Burholme communities, which surround the Fox Chase Cancer Center. I subsequently explored the possibility of Fox Chase acquiring and donating to the City a portion of the campus of the Medical Mission Sisters at 8400 Pine Road in Philadelphia, not too far north above the Cancer Center site and adjacent to Pennypack Park. The Sisters had first resisted the idea. They really have a great use for most of their land on their campus. And then when we tried to reach a price, it was way, way too high, and that just couldn't happen. So, unfortunately, the deal with the Medical Mission nuns could not be reached. And the bill currently before 3/6/08 - STATED - 2ND READING Council is the next best thing. It authorizes a transaction whereby a significant portion of the monies being paid by Fox Chase would be designated and used for the acquisition or improvement of public parkland and open space in my district, where Burholme Park is located, and specifically in the Burholme and Fox Chase communities that are impacted by this transfer.

Councilman O'Neill

We would not be sitting here, we'd be still talking about why Fox Chase hasn't happened instead of finishing this deal today if it weren't for certain intervening events, one of which was, the traffic in this area is extremely difficult. We're hearing about Center City traffic studies. We know the casino problems down in South Philadelphia. This is an area you can't widen, it's fixed streets, you can't do anything except use traffic engineering know-how to make it happen. We were able to use the knowledge and expertise of 3/6/08 - STATED - 2ND READING Mr. Charlie Trainor, our former Dr. Know, head of our Traffic Engineering Division, who had retired and came on as a consultant to really oversee everything and create the model that we now have, a very expensive model, but one that will make the traffic in that area move much, much better because of Charlie's expertise and the hospital's willingness to pay for and agree to all these different improvements. And traffic being the biggest issue that I had to deal with over the last several years, I have to say we got lucky that our Governor was also our Mayor not that long ago and takes a keen interest in Philadelphia, as we all know. He personally got involved. Some of the traffic improvements were very difficult to get through PennDOT, and the Governor personally got involved and made sure, on behalf of the Cancer Center, that all those approvals were done prior to the introduction of these bills. So I really 3/6/08 - STATED - 2ND READING want to thank the Governor. And then I think we also got lucky in that there was a change in Administration. This deal was, as had been well publicized in the media, was abruptly stopped at the end of the last term, and there was a lot of questions about why. I think the questions have all been clarified, that the Cancer Center could not sign the deal that was in front of them, and they made it very clear in a meeting with Mayor Nutter why they could not. But I think we got lucky, because this deal was unraveling. It was a train that was derailing. It was going off the track. And it's hard to get a deal like that back when something has gone on so long and it's just falling apart. I congratulate Mayor Nutter. Even before he took office, he got involved in this issue, first with me and then with others, called a meeting in his first few weeks in office, put everybody in the room until we got this thing 3/6/08 - STATED - 2ND READING worked out, and there were some serious issues that were worked out. So we sit here today. In terms of the deal, it's 800 to a billion dollars over the next 20 to 25 years of construction. There's thousands of construction jobs, but, more importantly, there's thousands of high-paying good jobs that will be created here. And even more importantly, we have a cancer center that's ranked as the best cancer center in Delaware, New Jersey and Pennsylvania and usually ranked around No. 10 in the country. I think we'll be seeing as a result of this expansion -- and this was the vision of Dr. Robert Young, who recently retired, but has stayed on to oversee this project. He was the head of the Cancer Center when this was all put together -- that this will enable the Cancer Center to move up into that top ten, to be able to get a lot more research grants, to do a lot more good 3/6/08 - STATED - 2ND READING work, not just for cancer cure globally, but for cancer cure for Philadelphians and people in the Philadelphia region. So it is a great day I think for the Cancer Center, for Philadelphia and for the region, and I would ask my colleagues first if they would support this, as I believe they will, and also thank them for their patience as the last term was winding down and trusting me that it had to be continued over into the new term. Thank you.

Council President Verna

You're welcome. Councilwoman Tasco, your light is on. Did you want to be recognized?

Councilwoman Tasco

Yes, Madam President. I would report that I have to recuse myself from voting on this bill because I am a member of the Minority Outreach Advisory Board at Fox Chase Cancer Center.

Council President Verna

Thank 3/6/08 - STATED - 2ND READING you. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Yes, Madam President. I rise only to make it clear that I'm looking forward to voting in favor of this bill and I wish to commend Councilman Brian O'Neill's leadership on this matter, in that more than two and a half years ago he invited me up to the site, took a complete tour of the site, asking me to pay particular attention to the issues that were facing the local community residents around the issue of traffic, and I simply commend the manner in which he has shepherded this enormous project. Thank you, Madam President.

Council President Verna

You're welcome. This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 3/6/08 - STATED - 2ND READING call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Abstain.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. 3/6/08 - STATED - 2ND READING

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 14 -- I'm sorry; the ayes are 15 and we have two abstentions. So it would be 15 to nothing. A majority of all Council 3/6/08 - STATED - 2ND READING members having voted in the affirmative, the bill passes. We will now consider Bill No. 080005.

Chief Clerk

An ordinance amending Title 13 of The Philadelphia Code, entitled "Water and Sewer," by adding a new Chapter regarding termination of water and sewer service and prohibiting the termination of such service on certain days, all under certain terms and conditions.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman -

Councilman Greenlee

Madam President?

Council President Verna

Oh, I'm sorry. Councilman Greenlee.

Councilman Greenlee

Thank 3/6/08 - STATED - 2ND READING you. Thank you, Madam President. I'll be brief. I just wanted to go on record as saying as far as this bill goes, I'd love for my own ego to say it's cutting edge and precedent setting, but in reality, it's not. This just brings us where many other cities and states are in banning weekend shut-offs. And I just want to be clear, as I said in the hearing, this is not in any way a method to avoid paying your water bills, but it's a fair and reasonable enforcement policy, and hopefully it will nudge the Water Department and Water Revenue to work better together that will benefit everybody, because right now that system clearly is not working as well as it should, and that's not fair to our constituents. So I respectfully urge all members of Council to vote for this bill. Thank you, Madam President.

Council President Verna

Thank you. 3/6/08 - STATED - 2ND READING The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney. 3/6/08 - STATED - 2ND READING

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Council President Verna

Councilman O'Neill?

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President 3/6/08 - STATED - 2ND READING Verna.

Council President Verna

Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 080076.

Chief Clerk

An ordinance amending Bill No. 070368, entitled "An ordinance approving the Fiscal Year 2008 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works."

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman 3/6/08 - STATED - 2ND READING Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller. 3/6/08 - STATED - 2ND READING

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Resolution No. 080041. 3/6/08 - STATED - 2ND READING The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution proposing an amendment to the Philadelphia Home Rule Charter to separate and further define the responsibilities of the City Representative and the Commerce Department; and providing for the submission of the amendment to the electors of Philadelphia.

Council President Verna

The Chair recognizes Councilman Greenlee for a motion on Resolution No. 080041.

Councilman Greenlee

Thank you, Madam President. I move the adoption of that resolution. (Duly seconded.)

Council President Verna

Since Resolution No. 080041 is a Charter change to the Home Rule Charter, it requires a two-thirds vote majority. The Chief Clerk will at this time please call the roll. 3/6/08 - STATED - 2ND READING

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman 3/6/08 - STATED - 2ND READING Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17; the nays are zero. A majority of all members having 3/6/08 - STATED - 2ND READING voted in the affirmative, the resolution is adopted. We will now consider Bill No. 080006.

Chief Clerk

An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter separating and further defining the responsibilities of the City Representative and the Commerce Department.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. 3/6/08 - STATED - 2ND READING

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman 3/6/08 - STATED - 2ND READING O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Council President Verna

Councilman Rizzo, how are you voting on this bill?

Councilman Rizzo

Aye, Madam President.

Council President Verna

Thank you.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17; the nays are zero. A majority of all members having 3/6/08 - STATED - 2ND READING voted in the affirmative, the bill passes. I would ask the Chief Clerk to please read the title of Resolution No. 080040.

Chief Clerk

A resolution proposing an amendment to the Philadelphia Home Rule Charter to allow the Administrative Board to increase the number of deputies exempt from civil service in City departments.

Council President Verna

The Chair recognizes Councilman Greenlee for a motion on Resolution No. 080040.

Councilman Greenlee

Thank you, Madam President. I move the adoption of that resolution. (Duly seconded.)

Council President Verna

Thank you. Since Resolution No. 080040 is a Charter change to the Home Rule Charter, it requires a two-thirds majority. At this time, I would ask the Chief Clerk to please call the roll. 3/6/08 - STATED - 2ND READING

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.