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