COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, November 18, 2004 10:35 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 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
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 Reverend Maxine Maddox Dornman from the Episcopal Diocese of Philadelphia. She is here today as the guest of Councilwoman Miller. I would ask all guests to please rise.
Thank you very much. It is an honor to be with you this morning, and I thank Councilwoman Miller. I'm sure that you have heard many prayers that are very eloquent and are very beautiful. But as I listened to the news this morning of a young boy who died in a home fire, of people who are afraid in our City, I offer to you this morning a prayer that I think is a little more simple. So I ask you to pray with me. God, we come to you with grateful hearts and ask that you be especially present on this day as the members of this City Council wrestle with decisions that will affect so many and will set the course for so much that is to come. There are people in our City who are in pain, people who are waiting for help. And, Lord, we know that with your help, the decisions made in this room on this day can improve and change the lives of so many. We ask especially for patience and wisdom as we listen to each other, as we really strive to listen. As we share different experiences and different points of view, help us to understand each other as we live into the mystery of this life and the mystery of the sacred. And now, before we close, we pause to give you thanks. We are grateful in this prayer for those persons who, through their gifts of excitement and adventure, have taught us not to fear change, not to resist that that is new. We are grateful for the possibilities brings, and we are grateful for the opportunity of leadership. We are grateful for that long list of holy people who since ancient times have inspired others by that faithfulness to their own special destinies. May our hearts be ever changing, ever in growth, as we journey through this life with all of its opportunities. Blessed are you, Lord, our God, who has given to each of us a personal destiny and purpose in life. And, Lord, help us to be ever mindful that life is short. We do not have much time to gladden the hearts of those who travel this journey with us. So let us be swift to love and make haste to be kind as we continue this day in partnership with the Lord of compassion. In your name we pray. Amen.
The Chair thanks Reverend Dornman for her very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the the meeting of Thursday, November 4, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, November 4, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, November 4, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries and the Journal of the meeting of Thursday, November 4, 2004, is approved. The next order of business is absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leaves of absence.
Thank you. 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 you 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 present a resolution honoring the Neighborhood Transformation Initiative and Hill International, Inc. Would Ms. Pat Smith and those accompanying her please join the Councilman at the podium? Councilman Ramos will be joining Councilman Mariano. The Chair recognizes Councilman Mariano.
Thank you, Madam President. Honoring the Neighborhood Transformation Initiative, NTI, and Hill International, Inc., for meeting and exceeding disadvantaged business and minority and female employment goals for construction and demolition workers. Whereas, the NTI Program is a strategy to rebuild Philadelphia's neighborhoods as thriving communities with clean and secure streets, recreational and cultural outlets, and quality housing; and Whereas, the NTI Program has retained Hill International, Inc., as its construction consultant; and Whereas, the NTI-established goals for hiring disadvantaged business aimed to subcontract 35 to 40 percent of the work to minority-own businesses and 12 percent to 15 percent of the work to women-owned businesses; and Whereas, the City of Philadelphia released a report dated February 2004 stating the NTI program has significantly exceeded the amount of work subcontracted to minority businesses to date, specifically stating an actual percentage of work subcontracted to minority business of 49.65 percent and women-owned businesses of 13.43 percent; and Whereas, the program also has minority worker participation employment goals of 75 percent; and Whereas, a report issued by the Greater Philadelphia Urban Affairs Council states that the NTI Program has also exceeded its employment goal by achieving 78 percent participation;
Whereas, the NTI Program has a local employment goal of 80 percent City of Philadelphia residents; and Whereas, to date, the actual employment level for Philadelphia residents on the NTI demolition program is 79 percent; and Whereas, the NTI program deserves to be recognized as a prime example of the City's commitment to ensuring that all businesses are given a fair opportunity to work on municipal projects; Now, therefore, be it resolved by the City Council of Philadelphia that we honor the NTI Program and Hill International, Inc., on their successful inclusion of minority and women-owned businesses; And be it further resolved that an engrossed copy of this resolution be presented Patricia L Smith, NTI Program Director, Jay McCalla, Deputy Managing Director and Michael V. Griffin, P.E., Senior VP of Hill International, Inc., as evidence of the sincere respect and admiration of this Anna C. Verna, President of City Council, and all the members of this body. Congratulations. (Applause.)
On behalf of the Neighborhood Transformation Initiative and our various partners, I just want to stress that our ability to achieve the goals set forth on our economic opportunity goals for our demolition work could not be possible without an array of partners. We were committed and felt that an important part of rebuilding and strengthening Philadelphia neighborhoods including, to the fullest extent possible, creating economic opportunities. To give you some context, the number of individuals working on demolition projects through the end of September is now 599 individuals. So in addition to eliminating dangerous and blighted conditions in our neighborhoods, we are also employing residents of Philadelphia on those projects. And, again, thank you to the Council for your commendation and thank you to all my partners.
The Chair now recognizes Councilwoman Brown who will present a resolution honoring PHILADANCO. Will Ms. Joan Meyers Brown and those accompanying her please join the Councilwoman at the podium? I would ask that Councilwoman Blackwell and Councilman Kenney please join the Councilwoman at the podium.
In addition to the founder and Executive Artistic Director of PHILADANCO joining us here at the podium, we're also pleased to have with us Beverly A. Harper, the President of the Board; Board Members Jerry Packman and Barbary Catz Cohort. A number of the dancers are with us: Hollie Wright, Mora-Amina Parker, and Elizabeth Bell and Vanessa Thomas who I actually stood behind at the ballet bar when we were at PHILADANCO many, many years ago. And I've asked my colleagues -there are a number of us in here who love of the arts. I've asked Councilman Jim Kenney who I know adores the arts and Councilwoman Jannie Blackwell where the Philadelphia Dance Company is housed in her councilmanic district. I'd be remiss not to call to your attention, as well, the PHILADANCO packet. This is the 35th year, and we don't want you to miss the opportunity to see this dazzling company. And since I know that I'll never get another chance to add my own personal commentary, I am going to seize the moment and do it this morning. I spent 30 of my 35 years with the Company, and there are three things that I learned from my mentor and the leadership of Joan Meyers Brown. Here is what I have to say about teachers. An mediocre teacher tells. A good teacher explains. A superior teacher demonstrates. However, a great teacher inspires. And such is the case of the teacher, choreographer and leader Joan Meyers Brown. At Danco, you learn that hard work and commitment is the norm in the perfection of your craft. Practice there we did with a capital P. That was the expectation. And above all, excellence in the presentation of your craft was absolutely non-negotiable for Joan Meyers Brown. You learned finally that dance is the only art wherein we ourselves are the stuff of which it is made. I've come full circle, starting out there as a student, going on being invited by Joan Meyers Brown to dance with the company, served as a member of the board and a member of the staff, and now Councilman Nutter and I are watching our little girls grow and learn well. So I am delighted and it's an honor to present this to Joan Meyers Brown.
This a resolution honoring the Philadelphia Dance Company for 35 years of producing thousands of extraordinary dancers, remarkable sold-out shows and service to the City of Philadelphia. Whereas the Philadelphia Dance Company, PHILADANCO, has a longstanding history of training thousands of dancers in ballet, jazz, modern and distinct dancing art forms; and Whereas, the impact of the caliber of training the dancers reach far beyond the local dance community; and
Whereas, PHILADANCO for the past 35 years has traveled the country and the world performing before sold-out audience of diverse people of all ages, creeds, ethnicity and cultural traditions; and Whereas, the Howard University trained Joan Meyers Brown remains a tireless is a model of tenacity, hope and discipline through her efforts and expertise has made PHILADANCO a modern contemporary dance company that tours nationally and internationally; and Whereas, PHILADANCO presents the highest quality of professional dance performances and improves the skills of emerging professional dancers and choreographers in an nurturing environment while increasing the appreciation of dance among its communities; and
Whereas, PHILADANCO is now one of seven cultural organizations that was awarded permanent residency at the Kimmel Center for the Performing Arts; and Whereas, PHILADANCO not only impacts the world of dance, this institution is a safe haven for young people from the community. Youth that might otherwise turn to the streets have a place to meet, learn, and participate in a structured culturally rich professional program. Now, therefore, be it resolved by the City Council of Philadelphia that we hereby honor the Philadelphia Dance Company, affectionately known as PHILADANCO, a cultural treasure for 35 years of producing thousands of extraordinary dancers, remarkable sold-out shows and service to our City. And resolved further that an engrossed copy of this resolution be presented to its founder, Joan Meyers Brown, for her efforts to improve the foundation of modern dance as evidence of the sincere sentiments of this legislative body. Introduced by Blondell Reynolds Brown and sponsored by the all the Members of the Philadelphia City Council. (Applause.)
The Chair recognizes Ms. Meyers Brown for remarks.
Good morning. This is indeed a great honor. When I started the company 35 years ago, I didn't want to call it Joan Meyers Dancers. I thought it would be appropriate to call it the I'm proud to have taken this company as a representative of the City of Philadelphia all across the world. And here we are 35 years later with your support. It started with Lucien Blackwell when I first went to him I said, "I need help." And we're here to say thank you for continued support of all the people here with me and all the people in City Council. I thank you. (Applause.)
At this time the Chair recognizes Councilwoman Miller to present a resolution recognizing Mr. Rodney Moore. Will Mr. Moore and those accompanying him please join the Councilwoman at the podium? And Councilman Clarke will be joining Councilwoman Miller. The Chair recognizes Councilwoman
Thank you, Madam Chair. It's my pleasure this morning to present a City Council resolution recognizing and honoring Rodney Moore, former professional welterweight boxing champion on the occasion of his induction into the prestigious New Jersey Boxing Hall of Fame.
Whereas, Rodney Moore, known as Rockin Rodney Moore began boxing at the Philadelphia Athletic League in 1983 and had 45 bouts with an amateur record of 43 wins and 22 knockouts; and Whereas, Rockin Rodney Moore as an amateur won a Pennsylvania State Golden Gloves Championship as well a Sugar Ray Leonard Golden Gloves Championship; and Whereas, Rodney Moore turned professional in 1986 and was a world class contender for seven years before retiring with a record of 52 professional fights, 42 wins, 2 draws, and 25 knockouts; and
Whereas, Moore, upon his retirement from the ring, founded a non-profit organization "Fight to Learn Program" which is an after school and summer program for youth in the City of Philadelphia. Resolved by the Council of the City of Philadelphia that Rockin Rodney Moore is recognized for his an accomplishments as a boxer and honored on the occasion of his induction into the prestigious New Jersey Hall of Fame. Further resolved that an engrossed copy of this resolution is presented to Rockin Rodney Moore as evidence of the sincere sentiments and appreciation of this legislative body. Certified that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 28th day of October 2004. Signed by Anna C. Verna, President of City Council, introduced by Donna Reed Miller and Darrell L. Clarke and cosponsored by all Members of City Council. (Applause.)
First, I'd like to thank Almighty for giving me such a great career inside the ring and outside of the ring. I'd like to thank my family for always being in support of me no matter what I've done. I'd like to give Council President Anna Verna a thank-you for allowing this to happen, and the two sponsors Councilwoman Donna Reed Miller just as well Councilman Darrell Clarke and all City Council for making this whole day possible. I'd like to thank you a lot. My family which stands behind me right along with two of my board members to the after school program is here. And I'm just blessful to say that the good Lord has gave me such a great career inside the ring. Yes, I do get inducted into the prestigious and second biggest Boxing Hall of Fame in the world, New Jersey. That's tonight in Garfield. And what a great honor that's going to be. I guess the next time I'll see you guys, I'll be an actual Hall of Famer. Hopefully, one day I'll get a chance to come back to City Hall and do some things. A lot of you Councilpeople out there have been very supportive of my after school program. I'd like to thank you for that, and I'm looking for more support from as many as possible, as my program does run out of the Councilwoman's Councilmanic District at the Lonnie Young Rec Center called the Fight to Learn Program. I'd like to thank everybody for making this day possible for me. I'm going to do what I can to help fight for these children. And one day I'll come here with a Hall of Fame belt and say, "Guys, I'm now an official Hall of Famer." Thank you. (Applause.)
Thank you. Congratulations, Mr. Moore. Council will be at ease. (Council at ease.)
The next 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 November 18, 2004, I signed the following bills that were passed by Council at its session on October 28, 2004: Bill No. 040613 and Bill No. 040765. And I signed the following bills that were passed by Council at its session on November 4, 2004: Bill No. 040640-AA, 040467 and 040873. And I am returning herewith as unsigned Bill No. 040785, 040786, and Bill No. 040184. And I am returning herewith as disapproved Bill 040779, passed by Council at its session on October 28, 2004. And I am transmitting for the body a resolution for the redevelopment and urban renewal of the portion of the Model Cities Urban Renewal Area. And the resolution for the redevelopment and urban renewal of a portion of the 44th and Aspen Urban Renewal Area. And a resolution for the redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area. And I am transmitting an ordinance authorizing the revision of lines of grades on a portion of City Plan No. 121 within an area bounded by Jefferson Street, 20th Street, Oxford Street and 19th Street. And an ordinance authorizing revision of lines and grades on a portion of City Plan No. 299 by striking from the City plan to Domino Lane and Henry Avenue to Hagert Street. And an ordinance amending Title 4 entitled "Code Violation Notices" by providing for a new amount to be remitted in response to with respect to violations of the Philadelphia Building Construction and Occupancy Code. And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located in an area generally bounded by Casper, Carbon, Ontario and Tioga Streets. And an ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning" by adding a new Section 14-1628 entitled "Keystone Opportunity Zone Special District Controls." And an ordinance authorizing transfers in appropriation for Fiscal Year 2004 within the General Fund from certain or all City offices, departments, boards and commissions to certain City offices, departments, boards and commissions.
Thank you. The messages will be printed in the Journal. I would simply ask the Chief Clerk, has the Mayor's disapproval letter been circulated to all the Councilmembers? THE
Thank you. 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. At this time I recognize Councilwoman Brown.
Thank you, Madam President. We have with us today students from George Washington Carver School. They are shadowing District Council 47. So I'd like us, if we could, recognize the young people from George Washington Carver School.
If they would stand, we'd be happy to recognize them. Welcome. (Applause.)
At this time, the Chair recognizes Councilman Kenney for the introduction of bills and/or resolutions.
Thank you, Madam President. I offer one bill and on behalf of yourself, Councilman DiCicco and myself, I over one resolution.
Thank you. The Chief Clerk will please read the title of the bill. THE
An ordinance amending Section 17-109 of the Philadelphia Code to create a bid preference for local towing companies when the City contract for towing services, all under certain terms and conditions.
This bill will be referred to the appropriate Committee. The Clerk will please read the title of the resolution. THE
A resolution authorizing City Council's Committee on Transportation and Public Utilities to hold public hearings to address the South Philadelphia waterfront's critical infrastructure needs and traffic congestion as a result of current and proposed development activity.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution will be referred to the Committee on Transportation and Public Utilities. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, I introduce four resolutions, one of which is on your behalf.
Thank you. The Chief Clerk will please read the title of the first resolution. THE
A resolution authorizing Council's Committee on Licenses and Inspections to hold public hearings to investigate compliance with Chapter 19-3000 of the Philadelphia Code which requires City office, department, board and commission that issue any permit, license, or other document for which a fee is charged in accordance with the City ordinance to file an annual report with Council with respect to such fees.
Thank you, Madam President. 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.)
The ayes have it, the resolution is adopted and will be referred to the Committee on Licenses and Inspections. THE
And a resolution authorizing the Committee on Finance to hold hearings on the City's tax delinquency collection program.
Thank you, Madam President. I note that this has been signed by all Members of Council and ask 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.)
The ayes have it, and the resolution is adopted and will be referred to the Committee on Finance. THE
And 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 44th and Aspen Urban Renewal Area.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And 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 West Philadelphia Redevelopment Area.
The Chair, again, recognizes Councilwoman Blackwell.
Thank you, Madam President. 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.)
The ayes have it, and the resolution is adopted. The Chair at this time recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
The Chief Clerk will please read the title of the first bill. THE
An ordinance authorizing transfers in appropriation for Fiscal Year 2004 within the General Fund from certain or all City offices, departments, boards and commission to certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate Committee. THE
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located in the general area bounded by Casper, Carbon, Ontario and Tioga Streets.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the first bill. THE
An ordinance repealing Chapter 10-1200 of the Philadelphia Code entitled "Posting of Temporary Signs" and adopting a new Chapter 10-1200 entitled "Posting of Signs."
The bill will be referred to the appropriate committee. THE
And an ordinance amending Title 4 Subcode A, Section A-506 entitled "Code Violation Notices," by providing for new amount to be remitted in response to a code violation notice with respect to violations of the Philadelphia Building Construction and Occupancy Code.
This bill will be referred to the appropriate committee. THE
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 222 in the vicinity of Hunting Park Avenue and Frankford Avenue.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
The Clerk will please read the title of the first resolution. THE
A resolution honoring the 28th anniversary of the National Black Caucus of State Legislators.
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 signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing the Committee on Commerce and Economic Development to hold hearings to examine and investigate the City's provision of assistance in services to businesses through the Commerce Department and the Mayor's Business Action Team.
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 signify by saying aye. (Aye.)
The ayes have it, and the resolution will be referred to the Committee on Commerce and Economic Development. THE
And a resolution calling upon the Mayor to submit to Council a proposed ordinance setting forth Council's approval of the waiver of the 18 million due to the City from the Philadelphia Gas Works for Fiscal Year 2004 if the Mayor wishes to waive that payment, further calling upon the Mayor to provide Council with assurances that no future payments due the City from PGW will be wavered or reduced without Council approval by ordinance, and if the Mayor refuses to take such action authorizing Council to retain counsel to file suit to challenge the Mayor's unilateral waiver of payments due the City from PGW without Council's approval by ordinance.
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 signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you. The Chief Clerk will please read the title of the bill. THE
An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning" by deleting and no longer permitting the preparation and retail sale of food for consumption off premises as an accessory use in C-2 Commercial District.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Nutter.
The Clerk will please read the title of the bill. THE
An ordinance authorizing the Commissioner on Public Property on behalf of the City of Philadelphia to grant to the Southeastern Pennsylvania Transportation Authority an easement across a portion of a certain parcel of land in the vicinity of the intersection of Ridge Avenue and Main Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Ramos.
The Clerk will please read the title of the bill. THE
An ordinance amending Section 19-203 of the Philadelphia Code entitled "Payroll Deductions" by permitting employees to authorize payroll deductions to purchase long-term care and voluntary insurance benefits through financial integrity resources management, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer three bills, six resolutions; one resolution on your behalf cosponsored by myself and Councilman Kenney and signed by all Members of City Council.
Thank you. The Chief Clerk will please read the title of the first bill. THE
An ordinance amending Title 12 of the Philadelphia Code entitled "Traffic Code" by adding a new chapter regulating the use and operation of Electric Personal Assistant Mobility Devices by making conforming amendments to other sectors of the Title.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing Vesuvio Restaurant and Bar, 736-38 South Eighth Street, to construct, own, and maintain building encroachments consisting of vestibule, rigid frame canopy, masonry fence wall, and an open-air sidewalk cafe.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 9-204 of the Philadelphia Code by prohibiting vending on both sides of 12th Street from Chancellor Street to Walnut Street.
This bill will also be referred to the appropriate committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 31st Ward of the City of Philadelphia.
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 Philadelphia's City Council Committee on Commerce and Economic Development to hold public hearings to investigate residential and commercial development in Philadelphia, including waterfront development and the building industry association of Philadelphia recommendations to encourage new construction in Philadelphia.
The Chair, again, recognizes Councilman DiCicco.
Thank you, Madam President. 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 Committee on Commerce and Economic Development. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority deeds located in the 31st Ward of the City of Philadelphia.
Thank you, Madam President. 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 approving the redevelopment contract and disposition supplement of the Philadelphia Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area.
Thank you, Madam President. 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.)
The ayes have it, and the resolution is adopted. THE
And 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.
Thank you, Madam President. 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 and celebrating the life of Ambassador Thomas Foglietta.
Thank you, Madam President. Move for the adoption of the resolution.
I believe we should do this standing vote. All those standing will be voting in favor of the resolution. (Standing vote.)
The resolution is adopted. At this time the Chair recognizes Councilman O'Neill.
Madam President, I offer one bill on behalf of myself and Councilwoman Donna Miller and it's cosponsored by all Members of Council.
Thank you. The Clerk will please read the title of the bill THE
An ordinance amending Title 22 of the Philadelphia Code entitled "Public Employees Retirement Code," including sections 22-701 and 22-702, to allow for benefits to be paid to trusts for disabled children and disabled adopted children of members, under certain terms and conditions.
The bill will be referred to the appropriate Committee. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the first bill. THE
An ordinance regulating the direction of movement of traffic on Morse Street from Uber Street to 19th Street, eastbound.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the revision of lines and grades on a portion City Plan No. 121 within an area bounded by Jefferson Street, 20th Street, 19th Street.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. Since there are no reports from committees, Council will now proceed under a special order of business to the reconsideration of Bill No. 040779. The bill was passed by the Council at its October 28, 2004 Session and was returned disapproved by the Mayor at today's Session of Council. At this time, the Chair recognizes
Thank you, Madam President. I would like to make a brief remark before we get into the actual process. As everyone in Council knows, it's been several months now that the Fire Department, many of the Council people in this room and others have been engaged in this discussion, this issue about the restructuring of the Philadelphia Fire Department. And I'm not going to belabor the record by repeating some of the comments I made during the public hearings and some of the testimony I provided in the court proceedings. But I just want everyone to understand that although the 11 of the 15 cuts that are being proposed, although 11 of those 15 cuts are in the first Councilmanic District, obviously, I am extremely involved in this process, the fact of the matter remains that all of the City, the entire City of Philadelphia will be affected by these cuts. It's not just that the first Councilmanic District will have less apparatus to fight fires. It will be a ripple City. And in particular, to those Councilmanic districts that abut the first Councilmanic District. Example: They are eliminating both the engine and ladder in Old City at Fourth and Arch under their proposal. When we had a briefing with the Fire Department under the former fire Commissioner, they indicated that they would still be able to fight fires in old City by using equipment that would come from 20th and Market, which I believe is in Councilman Clarke's district. And not getting into all the details of the distance that fire apparatus would have to travel to get down to Third and Race, as an example, the traffic pattern that they did describe in their briefings. I literally had a straight line going from 20th and Market to Fourth and Arch which means that that fire truck would literally be going right through the courtyard of City Hall, it wouldn't have to make any left turns or right turns, wouldn't be stopping for any signals. So what I'm asking for in this override is that everyone impact of these proposed cuts will be felt citywide. And I had a lot of points I was going to talk about, but I'm just going to cut it down to two. The Reverend who was here this morning just talked about a young boy who lost life in his fire. And I certainly don't want to make the loss of his life a political hammer in this case. But, you know, how many lives would have been lost in that fire and all the other fires that have taken place in this City over the years if we reduce the amount of equipment that we have to fight those fires? No one knows. But I think it's reasonable to say that you would have additional loss of property at a minimum and possibly a potential for additional loss of life because the longer it takes fire apparatus to get to the scene, the potential for damage, I thing, increases about 50 or 80 percent for ever minute that it takes for that apparatus to get to the scene. So you just do the math. In your district, Council President, if they remove a ladder from 12th and Reed blocks away from your district and where you live, that means that the apparatus to fight those fires in that neighborhood will probably have to either come from Broad and Fitzwater or 20th and Federal. And now, if that apparatus does comes to the east side of the Broad Street and a fire occurs on the west side, where does that apparatus come from? It comes from the outlying communities further west. Before you know it, you're into Councilwoman Blackwell's district. And I'll end on this note. If you look at the Mayor's -- if you read the Mayor's veto, in the second paragraph I think he makes the case for our argument today. " Well I would suggest then if we reduce the amount of apparatus, that statement would not be in this veto address.
The number have actually gone up where damage is or loss of life would actually have increased. So I think he makes the case for us and I'm going to ask this council to support me in the overriding of the mayor's veto.
Councilman DiCicco, may I suggest you make a motion reconsider.
I make a motion we reconsider the Mayor's veto of Bill 040779. (Duly seconded.)
It has been moved and seconded. Council will now consider by which Bill No. 040779 was passed. The Chief Clerk will please read the title of the bill. THE
An ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the General Fund from all certain or all City offices, departments, boards and commissions to the Fire Department.
This bill having be read on two different days was duly on October 28, 2004, and was returned to Council by the Mayor as disapproved today, November 18, 2004. The question is, shall Bill No. 040779 pass notwithstanding the Mayor's disapproval? Please note that a vote of aye, a vote of aye, is a vote to override the Mayor's veto. And a vote of no, I'll repeat, a vote of no is to sustain the Mayor's veto. At this time I would ask the Chief Clerk to please call the roll. THE
Aye. The ayes are 17, the nays are 0. More than two-thirds of all Members of Council having voted in the affirmative, the Mayor's veto is overridden The next order of the business is the consideration of the Calendar. Since there are no bills on the First Reading Calendar, the Chair now recognizes Councilwoman Blackwell for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today, Bill No. 040760 is being called up for second reading and final passage. And two bills are to be amended, Bill No. 040113 and 040788. All other bills 11/18/04 - STATED - 2ND READING are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 040113. THE
An ordinance amending Chapter 10-800 of the Philadelphia Code entitled "Safety" by adding a new Section 10-832 entitled "Firearms Tracing" to require that the City of Philadelphia Police Department conduct traces of firearms illegally possessed by anyone under 21 years of age, all under certain terms and conditions.
Thank you, Madam President. Madam President, as earlier indicated, we will be offering an amendment for this particular bill. It has been circulated. Essentially, we are deleting two portions of the bill. In Section A, we're deleting under 21 years of age where the Police Department will be required to trace all weapons involved in crimes regardless of 11/18/04 - STATED - 2ND READING age. In section 2, we're deleting the language that says upon the enactment by the Pennsylvania General Assembly authorizing legislation. After our investigation, it was found that we do not need authorization by the Pennsylvania General Assembly to enact this bill so we're deleting that also. So I make a motion that the amendments to Bill No. 040113 be approved. (Duly seconded.)
It has been moved seconded that the amendments be adopted. All in favor will say aye. (Aye.)
The ayes have it and the amendments have been adopted. The Chief Clerk will please read the title of Bill 040760. THE
An ordinance authorizing transfers in appropriations for 11/18/04 - STATED - 2ND READING 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 businesses and the community affected by the Market Street Elevated Reconstruction Project, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The Clerk will please read the title of the Bill No. 040788. THE
An ordinance amending Chapter 9-600 of the Philadelphia Code entitled "Service Businesses" by adding a new section regulating the hours of operation of commercial establishments located on residential blocks and providing for penalties, all under certain terms and conditions.
Thank you, Madam 11/18/04 - STATED - 2ND READING President. Madam President, I will be offering this amendment. This amendment is based on numerous discussions with operators of stores that had some concern about the prohibition of certain hours of operation on take-out location, numerous discussions with Members of this Council. These amendment, we believe, will address those concerns. But as indicated earlier in the caucus we would be willing to sit down and discuss this further with Members of this Council and any operators will be affect prior to the passage of the ultimate bill. So today I just ask for the approval of these amendments to address those concerns that have been raised so far. So I'd like to make a motion to amend Bill No. 040788. (Duly seconded.)
It has been moved and seconded that the amendments offered by Councilman Clarke be approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the amendment is adopted. That concludes our Calendar for today. Are there speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? The Chair recognizes Councilman Nutter.
Thank you, Madam President. I will be brief. Madam President, there's been a great deal of discussion. I'm sure we can certainly use more with regard to the issue of the various ethics proposals that are moving through the Committee process here in City Council. There has been discussion about how we will be able to continue to move that process forward based on some events that took , and I would certainly encourage as many members of the public to attend who are interested in this particular topic about creating a board of ethics or a new code of ethics or dealing with matters such as pay-to-play and a variety of other issues. We certainly always benefit from participation by the general public. The concern has been recently that because the hearing from last week which was then continued until this past Tuesday and then that hearing somewhat, at least in my own opinion, abruptly recessed and continued, as to the future of this process. m. Again, I encourage the public to attend. Upon discussion with many of my colleagues, rather than take actions that are allowed under our Rules to move the process, since it appears to be somewhat stymied, I agreed not to take any action in that regard today. We do have time, with three Council Sessions left, to still take action on such a weighty issue by the end of this calendar year. At the same time, upon discussion with my colleagues, a majority of them have agreed there should be action. We have not discussed the details of what that action will be or any proposed amendments, but that we would allow the process to continue through November 30th, look to see whether the Members of the Committee who have been there for two days of hearings, approximately eight hours of testimony from local, regional, and national the process is, in fact, allowed to proceed under the normal procedures of this Council. In the event that they are not, a majority of the Members have indicated that they will be prepared to take action on Thursday, December 2nd, in accordance with the procedures of our Rules in order to allow for a full discussion of these matters and move this process forward. These are very serious and important issues, I think, not only to the citizens of this City but more importantly even to all of us as public officials. And we are compelled by our oath of office to take action where action is required. So I look forward to the continued debate and discussion, but I and many others would certainly like to see this process move forward with an appropriate amount of debate and discussion. Conversations and meetings are ongoing, and I am cautiously optimistic that given the similarities in many instances but proposed board of ethics and code of ethics that working with the City Administration we may, in fact, be able to come up with the highest standards for public servants but in an agreeable fashion. So I will continue to work in that regard, but I appreciate the support of the many Members of Council who have indicated that it is time for action. We should try to take that action before the end of this calendar year. m. here in these Council Chambers. Thank you very much, Madam President.
You're welcome. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I don't know what the magic date of the end of the year means. The bill and and Government Committee deals with Home Rule Charter amendments. The next actual step in the Home Rule Charter amendment process is to place something on the ballot in the spring primary. That primary is May the 16th. This is November. What the rush to judgment is, I don't know. Maybe it's because some members feel they have studied the subject and want to move ahead because they feel knowledgeable about the subject. But most Members of Council don't feel so. It is the duty of the Council Chairman always to be responsible to see that no bill is acted upon until there is full discussion and participation by the public where possible. So I join with Councilman Nutter in urging the public to attend the hearing on November 30th and any other hearing dates that may exist. But the date that's significant is the 46th day before May 16th which is a primary date. In other words, nothing can happen until the beginning at least of March. Council has until March. I don't understand to close off the discussion at the end of November when nothing can happen between November and the beginning of March. It seems to me that we ought to do it, and we ought to do it right rather than fast. Now, I don't want to speculate as to any reasons anybody has for cutting short discussions, but Councilman Nutter obviously has studied this question quite fully, he has reached his decisions. For many of us in City Council, we are beginning the process on a very difficult subject. For example, certain Councilmembers seem to have become targets, perhaps unintentionally, perhaps intentionally -- we don't know yet -- of provisions of the ethics bill. And I think we've got to look into that and we've got to see that the ethics bill provisions are not converted into provisions to get at different Councilmembers, wherever their positions may be on other subjects. That concerns me. The provisions in this bill that don't contain provisions that many other states contain. That's the waiver provisions. Yet they also contain a lot of emphasis on provisions that I'd like to know why they're needed. For example, this bill has -- and I've made clear my concerns over the years on the anti-nepotism features. There's nothing in any of the testimony to date which indicates that Philadelphia has ever had a nepotism problem. Let me just point out certain things. The leading officials of this City Council, including the President, including the Majority Leader, including my wife and including others, including the clerk of the committee developed from what might be called nepotism pictures. It happens that in Philadelphia, nepotism, to my knowledge -maybe there are other facts; I'd like to hear them. To my knowledge, nepotism has never been a problem. Yet this bill condemns all nepotism as if it's bad from beginning to end and forces us to condemn the actions that resulted in the election of our present I think if it's to contain any provisions on nepotism, it ought to indicate that these provisions are for the future and that there is nothing that has ever exist in the history of Philadelphia to indicate that nepotism is a problem. Now, they're just some of my concerns in the bill. For many of us in City Council, we're just beginning the serious study of ethical problems. We have to know the relationship between the board of ethics that this bill talks about and the pay-to-play. We also have to know -- and no one has answered the question as to how the conduct of Philadelphia, the conduct that's been determined to, by the press at least, cronyism or Philadelphia's known as a City corrupt but contented. These are phrases that are used to describe Philadelphia.
I'm not seeing support for those items, and nothing in the testimony thus far dealt with it. Why are we going through unnecessary procedures then? So I want to know lots of things about this and I think all other members of feel that they're doing their share in working on this. And if a bill is to be achieved, it ought to be right and not speedily, especially when the goal is set not by the Council. Apparently, Councilman Nutter -- he repeated again today his feeling it ought to be done by the end of the year. I don't understand the significance of the end of this year. Nothing happens at the end of this year. The date that's important if there is to be a bill that amends the Home Rule Charter is the date next May in the spring primary. We're all working to that end. We all hope the Administration and Councilman Nutter get together on their version. We all hope, I believe, that the public will have the opportunity for whatever input it chooses to make in this bill. And if there is agreement, then everybody is fully satisfied, then I think, of course, we're working to the end of getting this on the spring ballot in March. But I resent the fact of an artificial deadline being set by a sponsor of the bill done by the end of year. I don't understand that at all. I don't know what the end of the year has to do with a thing. The next important date is the date that has to be met, and it's 46 days before the Home Rule Charter Council has to have completed its study of this bill in order to make the filing of the Home Rule Charter amendment timely and to get it on the ballot in the springtime. So I'm against artificial dates. And I don't know why Councilman Nutter is pushing it. Maybe he feels satisfied that he knows everything to be known. I think many of us in City Council feel we still have a lot to learn and it's plenty of time to learn it. And I welcome his agreement today to participate as much as possible in bringing the public in. So thank you very much, Madam President for the opportunity to explain. I'm totally baffled by this date that's also appeared in the press, the end of the year. And I don't know what Councilman says we should do it by the end of year. That's his view. Every Member of Council is entitled to their view with respect to it. But in no event is that a critical date of any kind whatever. Thank you, Madam President.
You're welcome, sir. Councilwoman Tasco, did you want to speak?
About two years ago, I brought to this Council a resolution regarding how when you triggered in the "N" word on the eBay site, up popped very negative and derogatory figures that related to African-Americans. We took that resolution to the National Black Caucus of Local Elected Officials, which is a constituent group of the National League of Cities of which I am President. We presented that resolution to Cities last year in December at its national meeting and at its annual business meeting on that Saturday; 1500 delegates voted unanimously to support the resolution. Subsequent to that, eBay met with the members of the National League of Cities, the officers, and with Pat Dando who is Vice Mayor of San Jose where eBay is located, and for several months worked on coming to a resolution. Yesterday, we had a press conference in Washington where eBay has agreed that when selling black Americana, eBay will prohibit sellers from using racially offensive words such as "nigger" and "jap" in the titles or descriptions of the listing for such items. Any listing that contain such descriptions will not be permitted on eBay. When these words are explicitly used in titles within media categories such as books, movies and music, they may be used by the seller only if they are actually part of the title of the listed item. For example, there are a number books, including some by African-Americans, that carry these words in their titles. Sellers who attempt to use these words will receive a popup notice that reminds them of these prohibitions and reinforces eBay's policies. It also notes that although historical black Americana items are permitted for sale, reproductions are not. So if you want to sell an item of black Americana or any cultural group on eBay, you cannot use any negative connotation for that group in listing your item. So we're real proud of the National League of Cities and its leadership, Charlie Lyons who is Alderman in Arlington, Massachusetts, and Don Borut, Executive Director of the National League of Cities, and all of the board members and delegates who supported the resolution. And I certainly want to give thanks to my colleagues on Council for taking the lead and passing the resolution when you did, and that as a result of that, action has been taken and eBay has been very helpful and has taken the lead in this, as we hope all other selling sites on the internet that sell will follow their lead. Thank you very much.
Thank you Councilwoman. Councilman O'Neill, did you want to be recognized?
Yes. Thank you, Madam President. I'm just following up. Councilwoman Tasco is being very modest. EBay was not that interested initially in this issue. Councilwoman Tasco took it to the National League of Cities, stayed with it, was persistent, developed a national consensus around it to the point where other councils were asking for the same resolution, very similar to the predatory lending issue that started here in Philadelphia with Councilwoman Tasco. So I just want to mention that there are a whole lot of people that recognize her hard work and leadership on issue all over the country.
This past Saturday our colleague Councilman Cohen celebrated his 90th birthday. (Applause.)
We congratulate him on reaching this milestone and we certainly want to wish him continued good health and happiness. And with that, I would like everyone to join me in singing happy birthday. We will not eat the birthday cake in the Chamber, please. (Singing.)
Many more David. Congratulations. At this time, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam Chair, I move that Council stand adjourn until December 2, 2004. And we wish everyone a happy (Duly seconded.)
Thank you. It has been moved and seconded that Council stand adjourned until Thursday, December 2, 2004. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. Council will stand adjourned until Thursday, December 2, 2004. Happy Thanksgiving to all of you. (Council adjourned at 11:55 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, November 18, 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