COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, September 18, 2003 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 091803 - STATED - INVOCATION
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. To give our invocation this morning, the Chair welcomes the Reverend Martin Shaw, Pastor of the African Episcopal Church of St. Thomas. He is here today as the guest of Councilman Nutter. All members and guests will please rise.
As we begin this meeting of the Philadelphia City Council, we ask God's blessing upon this time together. Let us pray. Oh, God, our help in ages past, our hope for years to come, be thou our God while life shall last in our eternal home. We thank you, oh, God, for this day and for all the blessings that you have bestowed upon us, your people. We ask thy continual blessing upon this City, those who reside in this City, our Mayor, and those who serve in this Council. Send forth upon this Council the spirit of compassion, the spirit of truth, the spirit of integrity, the spirit of love, the spirit of hope, the spirit of vision, the spirit of wisdom, the spirit of charity, and the 091803 - STATED - APPROVAL OF JOURNAL spirit of justice, that with steadfast purpose it may continue faithfully to serve and promote the well-being of your people. We ask this in the name of God the Father, God the Son, God the Holy Spirit. Amen.
The Chair thanks Reverend Shaw for his very inspiring invocation. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of September 11, 2003. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of September 11, 2003, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, September 11, 2003, stand approved. All in favor will indicate by saying aye. 091803 - STATED - LEAVES OF ABSENCE (Aye.)
The ayes have it. The motion carries. The Journal of the meeting of Thursday, September 11, 2003, is approved. The next order of business is requests for leaves of absence. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, there are no requests for leaves of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, there are no requests for leaves of absence on behalf of the Republicans.
The Chair thanks the gentleman. The Chair will dispense with the regular the order of business to recognize the guests and visitors joining us in Chambers this morning. On 091803 - STATED - COMMUNICATIONS behalf of all Members of City Council, I welcome you to this Council Session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. The next order business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the messages from the Mayor.
To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on September 17, 2003, I signed Bill No. 030342 that was passed by Council at its Session on September 11, 2003. And in accordance with the provisions of Section 4-101 of the Philadelphia Home Rule Charter, I am pleased to transmit an amendment to FY 2004 Capital Budget to include Section 2, General Provisions.
Thank you. The messages will be printed in the Journal. The Clerk will please read any other 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS communications in her possession.
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 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 of the motion will indicate by saying aye. (Aye.)
The ayes have 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one resolution and one bill on behalf of myself, Councilman DiCicco, and Councilman Ortiz.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Title 22 of the Philadelphia Code, entitled "Public Employees Retirement Code," by amending Chapter 22-300, entitled "Retirement Benefits," by providing for the discontinuation of the existing test, Deferred Retired Option Plan, DROP, and by providing for a new test DROP, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution.
A resolution calling upon the Board of the Philadelphia Industrial Development Corporation to explore changing its name to the 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS Philadelphia Economic Development Corporation.
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 has been adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning, I introduce one bill and two resolutions.
The Clerk will please read the title of the bill.
An ordinance amending Bill No. 030003, entitled an Ordinance to adopt the Fiscal 2004 Capital Budget by providing for certain 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS terms and conditions relating to the 2004 Capital Budget.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the redevelopment authority deeds located in the 6th and 51st Wards of the City of Philadelphia.
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 of the adoption of the resolution will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the title of 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS the next resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 27th and 51st Wards of the City of Philadelphia.
It has been moved and seconded. All in favor of the adoption of the resolution will signify by saying aye. (Aye.)
The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Cohen.
The Chair 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer one resolution.
The Clerk will please read the title of the resolution.
A resolution recognizing September 2003 as Childhood Cancer Awareness Month and proclaim September 27, 2003, as Gold Ribbon Day in honor of childhood cancer patients, caregivers, survivors, and those children who have succumbed to the disease.
Move for the adoption of the resolution. (Duly seconded.)
All in favor of the adoption of the resolution will signify by saying aye. (Aye.)
Those opposed? (No response.) 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS
The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 7th, 19th, and 23rd Wards of the City of Philadelphia.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor of the adoption of the resolution will signify by saying aye. (Aye.)
Those opposed? (No response.) 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS
The ayes have it and the resolution has been adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions this morning.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions. 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS
Thank you, Madam President. I have no bills or resolutions.
At this time, the Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer three bills and three resolutions.
The Clerk will please read the title of the first bill.
An ordinance authorizing Neighborhood Improvement District Management Associates to provide for interest to accrue upon assessment fees levied on property owners within a neighborhood improvement district if such fees are not paid when due and authorizing liens to be filed for nonpayment of such interest, all under certain terms and conditions.
Thank you. This bill will be referred to the appropriate committee.
And an ordinance amending Section 9-602 of the Philadelphia Code, entitled 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS "Outdoor Advertising," by adding requirements for the issuance of a license to erect or maintain an outdoor advertising sign.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 21 of the Philadelphia Code, entitled "Miscellaneous," by adding provisions requiring the Department of Records to submit an annual report entitled "Philadelphia Regulations Codified."
This bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 5th, 25th, and 39th Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS (Duly seconded.)
It has been moved and seconded. All in favor of the adoption of the resolution will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Clerk will please read the title of the second resolution.
A resolution commending the Friends of William Penn, nonprofit educational society dedicated to reaffirming his holy experiment on the occasion of William Penn's birthday, October 24th.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution has been adopted.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 39th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
Those opposed? (No response.) 091803 - STATED - INTRO. OF BILLS & RESOLUTIONS
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I introduce three bills, one cosponsored by Donna Miller Reed and myself.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending Section 9-206 of the Philadelphia Code, entitled "Designated Neighborhood Business Districts," by adding to a Section C entitled "Germantown Corridor Business District," consisting of the area Germantown Avenue extending south from York Street and north of Butler Street, all under certain terms of conditions.
The bill will be referred to the appropriate committee. 091803 - STATED - REPORTS
And an ordinance granting permission to Lougeswaran Vijayhratnam, owner of the newsstand of the southeast corner of 18th Street and Chestnut Street to construct, use and maintain an electric conduit with an electrical service line and conduit with a service line.
This bill referred to the appropriate committee.
And an ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600 entitled "Miscellaneous" by adding a new section entitled "Special Controls for Chestnut Street," under terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. At this time the Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance. 091803 - STATED - SPECIAL BUSINESS
Thank you, Madam President. The Committee on Finance reports out one bill with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Finance to which was referred Bill No. 03487 entitled an ordinance amending Chapter 19-200 of the Philadelphia Code entitled "City Funds, Deposits, Investments and Disbursements" by amending Section 19-201 entitled "City Depositories," by authorizing the City Treasurer to deposit funds in Fleet Bank, under certain terms and conditions; respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Bill No. 030487 will be placed on the First Reading Calendar for our next Session of Council. Council will now proceed under a special order of business to the reconsideration of Bill No. 030340. This bill was passed by the Council at its June 12, 2003 session and was returned disapproved 091803 - STATED - SPECIAL BUSINESS by the Mayor to the last week Session of Council. At this time the Chair recognizes Councilman Nutter.
Thank you, Madam President. I move that Council reconsider Bill No. 030340 which was approved by Council on June 12, 2003.
All of favor, let it be known by saying aye. (Aye.)
The ayes have it; the motion carries. Council will now reconsider the vote by which Bill No. 030340 was passed. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 20 of the Philadelphia Code, entitled "Officers and Employees, by providing for certain health and welfare benefits for pensioned employees, all under certain terms and conditions. 091803 - STATED - SPECIAL BUSINESS THE COURT: This bill having been read on two different, was duly approved by City Council on June 12, 2003, and was returned to Council by the Mayor as disapproved at last week's Session of Council. The question is, shall Bill No. 030340 pass notwithstanding the Mayor's disapproval? Please note that a vote aye is a vote to override the Mayor's veto. And a vote no is a vote to sustain the mayor's veto. I would ask the Clerk at this time to please call the roll.
Yes. I'm sorry. I didn't see your light on. Councilman Nutter.
Thank you, Madam President. I will be brief. Madam President, while we call it a bill, this is not a story just about a bill or some general matter of public policy; this is about a person, about a real person with a real life trying to make their way as a retired public servant. It's about a person who gave 18 and a half years of their time and their duty to this government. It's a person that has a superior work 091803 - STATED - SPECIAL BUSINESS record in this government. And through no fault of her own, having served in this government with distinction, is now faced with the prospect of being treated very differently than many other public employees, whether they are Civil Service or even in the exempt class. And I just want to put on the record, Madam President, a couple of facts in this particular situation. Ms. Libby Blackman -- I had asked you to think about this as the Members consider their vote -- who happens to be here with us today to see what is going to happen with her life here in her government is sitting in the audience and wrote to me and I think wrote to other members. But her letter says a great deal, while it is brief. And she writes: "Dear Councilman Nutter, this Thursday, September 18th, you will be asked to reconsider the Mayor's veto of Bill 030340. In June City Council passed this bill unanimously. At that time I thanked each of you for your help. Bill 030340 was an effort to create equity between Civil Service employees and exempt employees at minimal cost to the City. 091803 - STATED - SPECIAL BUSINESS "The facts of my case remain simple. One, I started at the Free Library in 1974 and worked for 14 1/2 years. In 1989, I became a registered nurse and worked as a visiting nurse for 10 years in a non-profit agency. During the 10 years, I left my pension with the City and was an AFSCME member throughout both careers. I returned to City Government at the library in 1998 for 4 1/2 before retiring in 2002. My Civil Service rating were all superior or outstanding. Currently, I'm denied the five years of continued health benefits for me and my son because I did not work a full 10 years before returning to the library. My pension, however, is based on my 18 1/2 years of service to the City. Had I done my career sequence in reverse, for example, worked 4 and a half years, left to become a registered nurse and returned for 14 and a half years, I would be eligible for these same benefits without question. "Voting to override the veto of Bill 030340 will restore fairness in applying the time and benefits to Civil Service employees. This bill will affect, in reality, very few employees. But the issue of establishing a fair, consistent policy 091803 - STATED - SPECIAL BUSINESS is significant. Thank you for your consideration. " The issue here, Madam President is one in which exempt employees are not required to have their 10 years of service continuous directly before becoming a pensioned employee. The can leave the government, come back to the government, leave the government again and come back, and as long as they have 10 years of service, they receive the five years of health benefit. The only thing Ms. Blackman did is work 14 1/2 years, go and have a different type of career to offer her services, her talents, her time to another group of people, come back for 4 years with the City and somehow under the most bizarre set of circumstances for health benefits purposes is only considered a four-year employee while the pension system bases her pension on 18 1/2 years of service. The Administrative Board which governs the administrative and executive branch exempt employees changed this particular rule in 2000, such that exempt employees only have to have 10 years of credited service. It does not have to be continuous 091803 - STATED - SPECIAL BUSINESS before retirement. And so there is an inequity here.
And I think that this Council has, not only the opportunity, but I believe the responsibility to right this wrong. Ms. Blackman deserves the five years of health care service. Any of us who served more than 10 years and certainly anyone who served 18 1/2 years deserves this particular benefit. And I ask my colleagues to vote yes on this particular bill and reestablish some sense of justice and fairness in this particular system. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I speak in support of the very eloquent statement just made by Councilman Nutter. It seems to me that that's the purpose of a legislative body, to correct injustices when they occur. For the City Civil Service Commission to correct this injustice, they have to change the whole rule. City Council doesn't have to change the rule. We want to steady it because it seems as if the rule may itself be totally unfair. But one thing is very clear, in this case, it works extremely unfairly and unjustly 091803 - STATED - SPECIAL BUSINESS and I think makes Philadelphia a laughing stock to say somebody with 18 1/2 years of service is not entitled to the health benefits that most 10-year employees would get. Therefore, I think it's our duty to act to correct this injustice and I overwhelmingly support the idea of a change. I hope in the meantime the Civil Service Commission re-studies the whole thing and corrects it so that this will never happen again. Thank you, Madam President.
Thank you. I would like, again, reiterate that an aye is a vote to override the Mayor's veto and a no vote is to sustain the Mayor's veto. The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A 091803 - STATED - 2ND READING & FINAL PASSAGE two-thirds majority of all Members of Council having voted in the affirmative, the Mayor's veto is overridden. (Applause.)
Our next item of business is the consideration of the Calendar. There are no bills on the First Reading Calendar. Therefore, 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. 030222AA is being called up for second reading and final passage. All other bills are being held.
Thank you. The Clerk will please read the title of Bill No. 030222AA.
An ordinance creating the Progress Plaza Tax Increment Financing District being the area generally bounded by Broad Street on the west, Oxford Street on the north, 3th Street on the east, and Jefferson Street on the south, and do all things necessary to carry out the intent of this 091803 - STATED - 2ND READING & FINAL PASSAGE ordinance.
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.
Councilman Nutter. 091803 - STATED - 2ND READING & FINAL PASSAGE
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes.
That concludes our Calendar for today. Are there any speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? (No response.) 091803 - STATED - ADJOURNMENT
I think before we adjourn, I would just like to recognize one of our colleagues celebrated a birthday yesterday. And I'm sure that we all wish you the very best Councilman Clarke and many happy returns. (Applause.)
At this time the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, September 25th at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, September 25, 2003. All in favor will say aye. (Aye.)
The ayes have it, and the motion carries. (Council adjourned at 11:00 a.m.) 091803 - STATED - ADJOURNMENT 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 September 18, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR