COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 13, 2004 10:10 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 JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO 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
Good morning. 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 the Reverend Clarence Hester of the Erie Avenue Baptist church. He is here today as the guest of Councilman Goode. All members and guests will please rise.
Giving honor to God, to you, Madam President, and to the Members of this Council. We do thank God and Councilman Goode for this august privilege to stand before this prestigious body of servants and lift you up to an almighty God. Let us pray. Almighty and everlasting God, we come pausing in this moment to reverence your name and to lift you up in the spirit of prayer that these deliberations may be We pray that your countenance may shine upon this Council and bless them with your guidance. Even now, we come thanking you for the life that you have afforded us. That while we are confronted by economic turbulence, you will look down on this City and this Council with mercy and that their understanding may be enlightened by your wisdom. We pray that you sanctify their thoughts and intentions, even their words and their actions that all that they speak and do will abound to the honor of you and the well-being of our great City. Lord, look down on our Mayor, Managing Director, and this Council and help them to work together to the face the serious facts of our time and to find the courage to meet them justly within wisdom, discipline, and resourcefulness. Grant to us all undiminishing faith in the absolute necessity of inward life and the efficacy of dedicated intelligence and in the power of an active, even sacrificial goodwill. now, Lord, help them to seek guidance in all their worthy pursuits and even widen opportunities for continuance service to you and the people of Philadelphia. We ask that you achieve unity of purpose among this Council and grant to us the victory of faith on the ideals to which we are committed as a City. Strengthen us with honor and grant our City peace. Provide this body with strength and spiritual sustenance for performing with great might the task with which our common lives yet confront us with. May the deep occurrence of faith, service, courage, and sacrifice be a power within us to do the things we ought and to extend the boundaries of a full and enlightened life for all. Even now, Lord, use this body as instruments of your glory to enhance services and the quality of life for all the residents of this great City. This we pray as you bless this assembly in the precious name of Jesus. Amen.
The Chair thanks Reverend Hester for his very inspiring will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the Thursday, May 6, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 6, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 6, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes it, and the motion carries. The Journal of the Meeting of Thursday, May 6, 2004, is approved. The next order of business is request for leave of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, a leave of absence is requested for Councilwoman Tasco.
The Chair thanks the Councilwoman. Leave will be granted. The Chair recognizes Councilman Rizzo.
Madam President, a leave is requested for Councilman Brian O'Neill.
The Chair thanks the gentleman. Leave will be granted. 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 Council, I welcome you to our 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. At this time the Chair recognizes Councilman Kelly who will present a resolution honoring Shoshanna Johnson. Will Ms. Johnson and those her accompanying her please join the Councilman at the podium. The Chair recognizes Councilman Kelly.
Thank you, Madam President. And thank you for your time. Before I get to this resolution, I just want to speak about something that's been bothering me for a while now. And I think it's very appropriate because I see Mr. Mamana in an here this morning and I want to set something straight. A few months ago, I was privileged to introduce and present a resolution honoring Joe Mamana and the Philadelphia Crime Commission for all the hard work that they've our City safe. Now, in doing so, Joe Mamana has been doing this work for a long, long time. He has always kept a very low profile. He has never been out there. He's kept his name, I think, very, very quiet. And for all the good work, very, very few people knew about it. I was privileged to be one of those persons who knew about it. That's why I presented the resolution. Well, it took one horrible, tragic day to change all of that. And that was the senseless killing, the brutal killing of a 10-year-old boy going to school, on his way to school. Joe, as well as all of us here, were outraged at that senseless crime. And he spoke out publicly against it. He made sure that the perpetrators of that crime were brought to justice. And in doing so, he became a public figure. And a public figure, of course, is always a target. And it's very, very unfortunate at that time he wasn't aware that there are some very sick devious and jealous people out there who probably didn't different reasons. And there are a lot of them out there. There could be one or so even in this room who are very, very jealous of him. Let me tell you, I think that the way they did it is they used the media. They used the media to write distorted stories, one-sided stories, about events in Joe's life that happened many, many years ago. And I think that if the purpose -- and I'm sure the purpose of that was to discredit him, was to tarnish his image, ruin his reputation. I think it failed. Because I think that they wanted him to do was to reframe from doing all the good work that he's been doing. It didn't work. I think right now if you look at what he's been doing lately, if their objective was to do that, was to keep him from doing all that good work, possibly even doing something against my friendship with Joe Mamana, it didn't work. And I want to tell you right now that to the contrary Joe has been working very, very hard. He is still working, supporting and funding the Philadelphia Crime City much safer. He has also been supporting and funding and paying for funerals and medical costs of poor people, poor victims of crime. He is also sending hundreds of underprivileged children to summer camps. He is also sending mentally challenged children to Europe. He's making improvements to his North Philadelphia neighborhood. He is sending a great message out to those people. He is providing buses for the Million Mom March in Washington, D.C. Also, he's keeping his business in North Philadelphia. Not only is he keeping his business in North Philadelphia, but expanding it. He's going to be hiring additional people. And most of those people -- in fact, all of them are Philadelphians. Many of them are from his North Philadelphia neighborhood, which right now many of them are unemployed. What he's doing he's going to make them productive tax-paying citizens of this City. And this is what I admire him. He is still keeping a very low profile. Today I just had to speak out. I've of the injustice of what he's been suffering because of what he's been doing for the betterment of our City. Joe, my hat is off to you. God bless you and keep up the good work. Thank you. (Applause.)
At this time I would show Shoshanna Johnson and those accompanying please join the Councilman at the podium.
I would like to have Councilman Ramos, Councilwoman Jannie Blackwell, Councilman Mariano to join me, please. Before I begin, I just hope that, Shoshanna, that you pay all of your traffic tickets in El Paso and, God forbid, don't have a parking ticket in Philadelphia because you'll be on the front pages of the Philadelphia Inquirer within a week. But seriously, before I begin to read this resolution, I just want to make known that I think all of us are very, very the images and pictures that are coming out from Iraq over the last few weeks. I think what we have to do is keep it in perspective. These were caused by a few misguided and sick individuals who happened to in our military. But let's face it, there are literally over hundreds of thousands of brave men and women who are currently serving and making sacrifices over there for us. Many of them are putting their lives on the line, as Shoshanna did when she was Iraq. Many of them are in harm's way right now, especially in countries such as Iraq, Afghanistan, Kosovo and other hot spots in this world. I think what we have to do is we don't gloss over them, paint them all in the same color as what the few individuals have been causing over in Iraq recently, as the world press seems to be doing right now. We have to keep in mind that the real true character and integrity of our armed forces is represented by people that I have right here, and that's Shoshanna Johnson. She's the one projects that image. And what I want to do is I want to you, Shoshanna, for being here. You honor us by being in the State, by being on this platform, and I want to thank you for being in the City of Philadelphia. I admire the bravery. I admire everything that you have -- all the pain and suffering you experienced in captivity in Iraq. And I admire you most of all -- of course, you've been wounded twice in combat engagements over in Iraq. But I admire you most of all for being the great role model you are today. And I think that God knows if ever there was a time when the military needed a good role model, it's now. And I want to thank you for being that role model. Thank you for doing all that you did and you are doing right now for us. And so with the help of Councilman Rick Mariano, Councilman Juan Ramos and our Majority Leader, Councilwoman Jannie Blackwell, I would like to read the following resolution: A resolution honoring retired United States Army specialist Shoshanna Johnson.
Whereas, to serve her country and enlisted in the United States Army in 1998; and Whereas, Specialist Johnson answered the call to combat and was deployed to the Persian Gulf to lend her expertise as a chef preparing meals for those on duty; and
Whereas, on March the 23, 2003, Specialist Johnson, along with other members of the 507th Maintenance Company were ambushed by hostile forces near the City of Nasiriyah, resulting the death of nine soldiers and the capture of Specialist Johnson; and Whereas, upon her capture, Specialist Johnson became the first female African-American prisoner of war; and
Whereas, after 22 days in captivity and after sustaining injuries, including two gunshot wounds, Specialist Johnson along with four other soldiers were rescued and returned to safety; and Whereas, Specialist Johnson retired a decorated hero receiving the U.S. Army Service Ribbon, the Bronze Star Medal and a Purple Heart; and
Whereas, in addition to being a hero to her country, Specialist Johnson is mother to one beautiful daughter Janelle. Now, therefore, be it revolved by the Council of the City of Philadelphia that we hereby commend and thank Specialist Shoshanna Johnson for her dedicated service to her country, her unyielding faith, grace, and humility in the face of peril danger and contribution to liberty and freedom of all people. Further resolve that had an engrossed copy of this resolution be presented to Ms. Johnson as evidence of the sincere sentiments of this legislative body. And it's signed by Council President Anna Verna and all Members of City Council. (Applause.)
Thank you very much. But I am who I am because of the love and support of my family who a lot them happen to be with me here today and they're sitting back there. But I want people to realize that although all these things have been coming out media, that does not represent who we are in the military or who we are as a country. I believe men like Pat Tilman represent who we are. I believe men like Thomas Hamil who survived captivity and, in fact, escaped is a perfect example of who we are. I believe that my comrades who gave their lives in defense of my country is a good representative of who we are. I hope that this country and the world realize that what those few soldiers did is not representative of who we are in the military and who we are in this country, and I hope that we rise above it and do better by the rest of the world and by our children. Thank you so for this honor. And hopefully, I'll get to see more of the great City of Philadelphia. Thank you. (Applause.)
The Chair now recognizes Councilman Kenney who will present a resolution congratulating St. Joseph's Preparatory School. Will Head Coach Speedy Morris and those accompanying him please join the Councilman at the podium.
Council President, could we ask Councilmember Nutter to please accompany me.
Certainly. Councilman Nutter will join Councilman Kenney. The Chair recognizes Councilman Kenney.
This is a resolution congratulating the Varsity Basketball Team of St. Joseph's Preparatory School for winning the 2004 Philadelphia Catholic League Championship. Whereas, in an exhilarating finale season, St. Joe's Prep Varsity Basketball Team skillfully defeated a talented Cardinal Dougherty team 84-61, in a fast-paced game while a lively gang of Hawks fans looked on in the sold-out Tom Gola Arena on the campus of LaSalle University; and Whereas, this victory is a milestone in Prep basketball history, because it is the second consecutive Catholic League title in as many years, and is only the seventh in the school's history; and
Whereas, under the leadership and guidance of Head Coach Speedy Morris and staff, the varsity basketball team capped a near-perfect Catholic League season at 16-1, and finished with the Catholic League's best overall record of 25-3; and Whereas the dynamic backcourt of Chris Clark and John Griffin led teammates Jared Black, Joe Fox, Paul Lynch, Antoine Joseph, Pat O'Toole, Sean Barker, Corey O'Rourke, Mike Kearney, Reggie Redding and Paul Lynch through an unforgettable season; and Whereas, this victory marked a milestone for Head Coach Speedy Morris, in that it was his eighth Catholic League Championship Title, as well as his 76th victory as head coach of St. Joseph's Prep Varsity Basketball team in three seasons; now, therefore, be it.
Resolved by the Council of the City of Philadelphia, that we hereby honor the St. Joseph's Prep Varsity Basketball Team for winning the 2004 Philadelphia Catholic League Championship. Resolved that an engrossed copy of this resolution be presented to St. Joseph's Prep Varsity Basketball Team Head Coach Speedy Morris, further evidencing the sincere sentiments of this legislative body. Congratulations. (Applause.)
Thank you, Madam President Verna, Members of City Council, favorite sons, Councilman Nutter and Councilman Kenney who are graduates of our prestigious school. We are humbled to be here today, especially following Specialist Johnson who is a real hero. Too often young people look up to heroes such as pro athletes when our real heroes are police, our fireman, teachers to make a difference, and certainly our military. I congratulate Specialist Johnson for the great job that she did for our country. As I said, we're humbled to be here today in front of this prestigious Council to receive this award. This is truly the year of the Hawks. Our big brothers up on City Avenue, as most of you know who follow the game of basketball, came within a couple of seconds of going to the final four. And their Coach Phil Martelli, everybody's national Coach of the Year, did a remarkable job. The younger Hawks down at 17th and Girard also did a remarkable job. These young people play the game the way it should be played. There's no selfishness. No one cares as long they're successful. And it was an honor to coach them. On behalf of our President Father Bruce Benniger, our Director of Athletics Jim Murray and our coaching staff managers and team, we want say thank you for having us here today. Again, it's truly the year of the Hawk. It's also the year the Smarty Jones -don't forget that -- and our Philadelphia Flyers. Thanks a lot. (Applause.)
The Chair recognizes Councilman Ramos who will be accompanied by Councilmembers Goode, Nutter and Brown to present a resolution recognizing Overbrook High School Mock Trial Team. Will Mr. Philip Beauchemin and those accompanying him please join the Councilmembers at the podium. The Chair recognizes Councilman
Thank you, Madam President. Today is a morning of honoring heroes. We have a group of local heroes that we're going to honor this morning from Overbrook High School. This is a resolution honoring and congratulating Philip Beauchemin, the Overbrook High School Mock Trial Team members and their supporters for Overbrook High School's second victory in the Pennsylvania Mock Trial Championships. Whereas, Philip Beauchemin is a social studies teacher and lawyer and has been the faculty advisor to Overbrook Mock Trial Team since 1987; and Whereas, under the dedicated and tireless leadership of Mr. Beauchemin, Overbrook's five-student team was victorious in the State Mock Trial Championship where it competed against some of the best high schools in the state, among them one of the City's premiere magnet schools; and Whereas, the esteemed and talented Mock Trial Championship Team are Lajuan Tucker, Dorien Nelson, Tiona Christopher, Christopher McFadden, and Juniata Scott; and Whereas, this victory represents Overbrook's second State Mock Trial Championship, the first having been won in 1997, also under Mr. Beauchemin tutelage; and
Whereas, in addition to two state championships over the years, Overbrook's Mock Trial Team has one five Public League Championships and five Regional Championships; and Whereas, in this latest competition, the team members encountered several significant challenges that they successfully and admirably overcame; and Whereas, the first of those obstacles came in December when Mr. Beauchemin became seriously ill and remained in a coma for a week; and
Whereas, by January, though Mr. Beauchemin had recovered to work with his students, he was not able to school; so his team members readily commuted five days a week to his home to prepare for the competitions; and Whereas, despite all obstacles, Overbrook High School went on to win the State Championship by defeating Pittsburgh's Oliver High School and will now go forward to represent Pennsylvania in the National Mock Trial COMPETITION; now therefore
Resolved by the Council of the City of Philadelphia that we honor and congratulate Philip Beauchemin and the Overbrook High School Mock Trial Team members and their supporters for their dedication and perseverance in winning the State Mock Trial Championship; and Further resolved, that an engrossed copy of this resolution shall be presented to Philip Beauchemin and the Overbrook High School Mock Trial Team as evidence of the heartfelt congratulations and sincere gratitude of this legislative body. (Applause.)
I hadn't prepared any remarks, but it does cross my mind what this handful of young people have done to sort of show, I hope, those who are down in the public schools that there are students out there in public schools -- this is just a neighborhood school, Overbrook is not a magnet or anything -- who are capable of competing on an intellectual level and an intellectual competition with the top students from the top schools throughout the state. That is an important thing to think about. What's also important, I think, is to think that there are many other students at Overbrook and at other schools throughout the City who, if were given the opportunity, could probably do similarly. And I hope that some day they will all have that opportunity. Thank you. (Applause.)
Thank you 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 May 12, 2004, I signed all of the bills that were passed by Council on its Session on April 29, 2004. And I am transmitting herewith for the introduction and consideration of your honorable body a proposed resolution entitled, a resolution approving the annual program statement and budget for the expenditure of the NTI bond proceeds for Fiscal Year 2005. And a resolution confirming the appointment of Lance Haver as Insurance Public Advocate. And an ordinance authorizing revision of City Plan No. 296 by relocating a portion of a certain right-of-way for drainage purposes which lies between Shawmont Avenue ordinance authorizing the paving of Country Club Boulevard. And an ordinance approving the 15th amendment of the redevelopment proposal for the South Century Urban Renewal. And an ordinance amending Section 2 of an ordinance, Bill No. 020257, approved September 6, 2002, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by relocating the northerly curbline of St. James Street. And an ordinance authorizing revision of lines and grades of an area of City Plan No. 196 bounded by Trenton Avenue, Cambria Street, Tulip Street and Rush Street. And an ordinance authorizing the revision of lines and grades on City Plan Nos. 286 and 288 in the vicinity of Glengarry Road and Andrew Road. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 55 in an area bounded by Avenue, Frankford Creek and Adams Avenue. And an ordinance authorizing the revision of lines and grades on a portion of City plan 396 in an area bounded by Red Lion Road, Global Road and Gantry Road. And an ordinance authorizing revision of lines and grades on a portion of City Plan No. 46-S in an area of Geary Street and 20th Street. And an ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park, and the Public Property Commissioner on behalf of the City of Philadelphia to enter into a lease and related agreements and an easement agreement relating to utility conduits, all under certain terms and conditions. And an ordinance authorizing the Mayor on behalf of the City to file applications with the United States Department of Housing and Urban Development for a community development block grant. And an ordinance approving the redevelopment proposal for the Brewerytown Urban Renewal Area. And an ordinance approving the 10th amendment of the redevelopment proposal for the Eastwick Urban Renewal Area. And an ordinance authorizing the Commissioner of 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.
Thank you. The messages will be printed in the Journal. 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. And the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended in order to permit the immediate consideration 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 induction. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. On behalf of myself and Councilwoman Reynolds Brown, I offer one resolution.
The Chief Clerk will please read the title of the resolution. THE
A resolution honoring Judith Jamison, Philadelphia native dancer, choreographer, educator, and artistic director of the Alvin Ailey American Dance Theater for her lifetime contributions to education through the arts.
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 Blackwell.
Thank you, Madam President. Today, I introduce seven bills, three on your behalf, and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill. THE
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Civic Center Boulevard, Convention Boulevard, South Street, Schuylkill Expressway, North Drive and University Avenue.
The bill will be referred to the appropriate committee. THE
And an ordinance granting permission TO Campus Technologies, a Pennsylvania corporation, its successors and assigns and agents to construct, maintain, operate, replace, and remove a telecommunications system along, in, over and under the public rights-of-way city streets.
This bill will be referred to the appropriate committee. THE
And an ordinance approving the 10th amendment of redevelopment proposal for the Eastwick Urban Renewal Area.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing revision of lines and grades on a portion City Plan No. 46-S in the area of Geary Street and 20th Street.
This bill will be referred to the appropriate committee. THE
And an ordinance approving the 15th amendment of the redevelopment proposal of the South Central Urban Renewal Area.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Mayor on behalf of the City to file applications with the United States Department of Housing and Urban Development for a community development block grant.
This bill will be referred to the appropriate committee. THE
And an ordinance granting permission to Christy Garnet, owner of the property 201 North 36th Street, Philadelphia, to operate and maintain an open air sidewalk cafe on the northeast corner of North 36th Street.
This bill will be referred to the appropriate committee. THE
And a resolution approving the annual program statement and budget for expenditure of the Neighborhood Transformation Initiative bond proceeds for Fiscal Year 2005.
The resolution will be referred to the appropriate committee. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the bills. THE
An ordinance authorizing Mayfair Community Development Corporation, 6810 Frankford Avenue, it's successors and assigns to construct, own, and maintain raised planters and benches on a public footway of Frankford Avenue.
The bill will be referred to the appropriate committee. THE
And an ordinance granting permission to TCG Delaware Valley, Inc., a Delaware corporation, it's successors and assigns to construct and maintain and operate, replace and remove telecommunication connections and fiber optic cables for telecommunication purposes.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the striking from City Plan No. 270 and 258 of Sanger Street from Tacony Street to the westerly Pierhead Line of the Delaware River.
This bill will be referred to the appropriate committee. THE
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Sanger Street, Tacony Street, Devereau Street and the Delaware River.
The bill will be referred to the appropriate committee. And the Chair recognizes Councilman Mariano.
Madam President, I have no bills or resolutions today.
Thank you, Madam President. I offer two resolutions, one co-sponsored by Councilwoman Blackwell and Councilwoman Reynolds Brown, and one bill.
Thank you. The Chief Clerk will please read the title of the bill. THE
An ordinance authorizing revision of lines and grades on a City Plan No. 286 and 288 in the vicinity of Glengarry Road and St. Andrews Road.
The bill will be referred to the appropriate committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 11, 22nd Wards of the City of Philadelphia.
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 remembering and celebrating the 50th anniversary of Brown versus Board of Education of Topeka ruling of the Supreme Court of the United States that separate educational facilities are inherently unequal.
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 Councilman Nutter.
Thank you, Madam President. I offer two bills and two resolutions. One resolution is cosponsored by all members, and the second resolution is on behalf of Councilwoman Krajewski and myself.
Thank you. The Chief Clerk please read the title of the first bill. THE
An ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park, and the Public Property Commissioner on behalf of the City of Philadelphia to enter into a lease and related agreements and an easement agreement relating the utility conduits with PTM Limited Partnerships.
The bill will be referred to the appropriate committee. THE
And ordinance authorizing revision City Plan No. 296 by relocating a portion of a certain right-of-way for drainage purposes which lie between Shawmont Avenue and Cross Street.
This bill will be referred to the appropriate committee. THE
And a resolution commending A. Bruce Crawley for his leadership as the Chair of the Board of Philadelphia Convention and Visitors Bureau for his contributions to the tourism and hospitality sector.
Thank you, Madam President. I move 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 resolution authorizing the Committee on Appropriations to hold hearings on contract between the City and Philadelphia Safe and Sound.
Thank you, Madam President. I move 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 Appropriations Committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution, and I would like to say that given the tough deliberations this Council has been participating in with regards to both our budget review process and our tax reform hearings, we should be mindful that Philadelphia is part of a bigger picture and a victim of the misguided public policy coming out of Washington, D.C. I, therefore, would request that this resolution be read in its entirety.
The Chief Clerk will please read the title of the resolution. THE
A resolution calling upon the members of the Pennsylvania delegation to the United States Congress to vote to repeal the 2003 tax breaks that benefit only upper income taxpayers and redirect a portion of the restored funds to the states and cities so they can stop painful budget cuts. Whereas, the City Council of Philadelphia believes we have the duty to provide quality services to its residents; and Whereas, the City Administration is proposing eliminating funding to the Art Museum, the Atwater Kent Museum and severely reducing funding to the Cultural Fund and recreation centers in part because of the lack of necessary funding coming from the state and federal governments over the last few years; and Whereas, Philadelphia and Pennsylvania need new revenue to prevent these and other deep budget cuts and to pay for education, affordable housing, child care, healthcare, prescription drugs, public safety, environmental programs, local aid, arts and recreation programs, human serves and other badly needed state and local programs; and Whereas, if significant revenue is not forthcoming, the City of Philadelphia will face increased pressure to raise taxes to cut vital services, and there is already a proposal to raise fees and fines; and Whereas, Philadelphia and Pennsylvania is in this fiscal crisis due in part because of the sluggish national economy has resulted in substantial loss of revenues; and Whereas, the federal government has required the states do more, for example, homeland security, the no child left behind law, but has not provided adequate funding to do so; and Whereas, the United States Congress and President Bush could have provided 85 billion aid to the states during this nationwide fiscal crisis which would have eliminated every state's deficit, but instead chose to pass and sign a tax bill that provides only 20 million in aid to states and gives away 330 billion in tax breaks primarily to the wealthiest Americans; and Whereas, the 2003 tax law will yield an average tax cut totaling only $381 over 4 years to the bottom 60 percent of Pennsylvania's taxpayers, while it richest 1 percent in our state will receive an average four-year tax break of $85,684; and Whereas, Pennsylvania relies on federal aid Medicare reimbursements, general economic assistance, increased spending on transformation and housing development, direct homeland security funding, and a strong social security system; and Whereas, the 2003 tax law undermines our state and local efforts in these areas, as well as provides little tax relief to the vast majority of the citizens of Pennsylvania; now therefore Be it resolved that the City Council of Philadelphia calls upon the members of the Pennsylvania delegation to the United States Congress to vote to repeal the 2003 tax breaks that benefit only upper income taxpayers and redirect a portion of the restored funds to the states so that they can stop painful budget cuts. And resolved further that the City Council of Philadelphia calls upon the members of the Pennsylvania Delegation to the United States Congress to vote against any future tax breaks that solely or substantially only benefit wealthy Americans and/or large corporations which erode the funding available for crucial domestic priorities. (Applause.)
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President, for your indulgence. 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 recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Madam President, I offer three privileged resolutions, and I'd like to speak on one of them for a few minutes.
The Clerk will please read the title of the first resolution THE
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution recognizing May as Asian Pacific American Heritage Month.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution honoring Smarty Jones for winning the Kentucky Derby.
Point of information, Madam President. Will Smarty be coming in for this honor? (Laughter.)
Madam President and Members of this body and the public, today we've been honoring heroes, and I present a resolution honoring a Philadelphia hero. His name his Smarty Jones. He's the undefeated champ from Philadelphia. He won the Kentucky Derby a couple weeks ago. On Saturday, he's going up on Route 95 going south out to Maryland where he will compete in the Preakness. When he wins that race, he's going to go back up on 95 heading north and he's going to go to New York and run at the Belmont. And when he gets done with all three races, he will be a triple crown winner. And I want to propose that we have a parade down Broad Street for Smarty Jones because he makes us all so proud. He's a through-and-through Philadelphian.
I think Governor Rendell also made that suggestion. Councilman.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted.. The Chair recognizes Councilman DiCicco.
It's a shame that Smarty Jones won't have any company now that we disbanded the mounted police unit.
Point of order. We might want to get Smarty Jones in here to testify on behalf of the other horses.
Thank you, Madam President. I offer nine bills and one resolution, and I wish to speak on the resolution.
Thank you. The Clerk will please read the title of the first bill. An ordinance authorizing revision of lines and grades of an area of City Plan No. 196 bounded by Trenton Avenue, Cambria Street and Tulip Street.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing revision of lines and grades on a portion of City Plan No. 55 in an area bounded by Aramingo Avenue, Frankford Creek and Adams Avenue.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Section 2 of an ordinance, Bill No. 020257, approved September 6, 2002, entitled an ordinance authorizing revision of lines and grades on a portion of City Plan No. 308 by relocating the northerly curbline of St. James Street.
The bill will be referred to the appropriate committee. THE
And an ordinance granting permission to Muhammed Shaukat, 6650 Kindred Street, owner of the newsstand of the southwest corner of 10th and Market Street to construct, use, and maintain an electrical conduit with an electrical service line.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Title 12 of the Philadelphia Code by amending Section 12-2809 relating to civil penalties and costs to increase the civil penalty for violations of Section 12-1126.
This bill will be referred to the appropriate committee. THE
And an ordinance authorizing Chemical Heritage Foundation, 315 Chestnut Street, Philadelphia, its successors and assigns to construct, own, and maintain a variable height masonry retaining wall planter on the north footway of Chestnut Street.
The bill will be referred to the appropriate committee. THE
And an ordinance granting permission to Starbucks Coffee Company, tenant of the property located 2201-19 South Broad Street to operate and maintain an open air sidewalk cafe.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the installation of all-way stop signs at the intersection of Second Street and Poplar Street.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing Thomas Jefferson University, Suite 2100, its successors and assigns to construct, own, and main an underground pneumatic conduit ductbank connecting two hospital campuses.
This bill will be referred to the appropriate committee. THE
And a resolution confirming the appointment of Lance Haver as Insurance Public Advocate.
Thank you, Madam President. I move for the adoption of the resolution, and I wish to speak on it.
That has to be referred to the appropriate Committee, but if you want to speak on it -
I'd like to speak on it please. Madam President, two weeks ago, I introduced a resolution which my colleagues unanimously passed. I called on the Administration to nominate someone to the position of Insurance Public Advocate, which overwhelmingly was adopted by the voters of this City. Last week, I withheld the introduction of the resolution that was sent up by the Mayor nominating Lance Haver to that position. At that time, I stated that I did not believe that Mr. Haver, who also serves as the Consumer Public Advocate, was a proper choice. While Mr. Haver is extremely confident, intelligent and hard-working, passionate and dedicated, I felt that no single individual no matter how competent could meet the demands of both positions. Since that time, however, I've had the opportunity to speak with Mr. Haver and now recognize the complexity of debt of the problems the Insurance Public Advocate faces. While I still have some reservations about one individual filling two positions, Mr. Haver has convinced me that under the circumstances in Harrisburg, no one can be a successful Insurance Public Advocate. According the Mr. Haver, the State refuses to release crucial information that will allow the advocate to actively engage in the pursuit of lower insurance rates. In short, it seems that the Pennsylvania Insurance Commissioner will tie the hands of anyone in that position. During Mr. Haver's confirmation, I intend to explore this situation more fully. More importantly, until more details are uncovered and a resolution is determined, I cannot imagine how anyone in that position could serve better than Mr. Haver. He knows the problems he faces, he knows there must be a resolution because all Philadelphians deserved affordable health, automobile, and property insurance. Together, this Council along with the Mayor and Mr. Haver, will demand such a solution. Thank you, Madam President.
Thank you. The resolution will be referred to the appropriate Committee. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Before I introduce my ordinances, I would like to say that with respect to Mr. Haver, if there could possibly be one person that could play that dual role, it would be Lance Haver. He is an extremely competent. I want to echo my colleague Councilman DiCicco's reference to his abilities. It is, in fact, a very important issue. We actually are in the process of arranging a meeting to go to Harrisburg, along with Mr. Haver, to talk about the quote/unquote deal that we struck with the Insurance Commissioner as it relates to auto insurance. We had realized that the savings associated with that deal have not been realized by the number of individuals that we had initially anticipated would, and we're going there and my friend and colleague Co-Chair Councilman Mariano and Councilman DiCicco who has expressed an interest in this issue elected to go along on our trip Harrisburg we'll be more than willing to provide that transportation. I'll probably drive so you may want buckle up. Make sure you buckle up. That's why I wanted to let them know I will be driving.
Absolutely. And I have a driver's license. And I will not be speeding.
The Chair recognizes Councilman Cohen for a point of information.
Would Councilman Clarke or anybody else volunteer to tell us what role Council will have on the question of Mr. Haver's appointment? I agree with Councilman DiCicco. If anybody else can't do it, Lance Haver might well be able to do. So I'm all for it, but I wonder do we play a role in his confirmation?
It's my understanding the individual will have to be confirmed by the Council.
Cast my vote now, yes. We've got to find out what the facts are, and he's like a bulldog.
Councilman, that's why we've going to have hearings. The resolution has been referred to the appropriate Committee and it will receive a public hearing.
The Clerk will please read the title of the bill. THE
An ordinance amending Chapter 9-2800 of The Philadelphia Code entitled "Universities Property Owners Managers and Students" by amending the definition of educational housing districts.
The bill will be referred to the appropriate committee. THE
And an ordinance approving the second amendment of the redevelopment proposal for the Brewerytown Urban Renewal Area.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Madam President, I offer three bills on behalf of Councilman Brian O'Neill.
The Chair thanks the Councilman. The Chief Clerk will please read the title of the bills. THE
An ordinance amending Section 14-201 of The Philadelphia Code relating to R-1A Residential District changing the width of side yards.
And an ordinance authorizing revision of lines and grades on a portion of City Plan No. 396 in an area bounded by Red Lion Road, Global Road and Gantry Road.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the paving the Country Club Boulevard, Palmer Drive, Par Drive, Nicholas Drive and Player Drive.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.
Thank you. The next order business is reports from committees. The Chair recognizes Councilman Clarke for a report from the Committee on Rules.
Thank you, Madam President. Madam President, the Committee on Rules reports one bill with a favorable recommendation.
The Chief Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 040207 entitled, an ordinance To amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Umbria Street, Paoli Street, Cliff Street, Lodge Street, Livesey Street, Silverwood Street and Parker Avenue; respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the Rules of Council be suspended permit first reading this day of Bill No. 040207. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040207. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bill just read will be placed on the First Reading Calendar for today. The next order business is the consideration of the Calendar. The Chief Clerk will please read the bill on the First Reading Calendar. THE
Bill 040207, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area Street, Paoli Street, Cliff Street, Lodge Street, Lively Street, Silverwood Street and Parker Avenue.
The Chair agrees. That completes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling the bills up for the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today Bill Nos. 040089, 040090, 040333, 040334, 040365 and 040154 are being called for second reading and final passage. All other bills are being held.
The Chair thanks the Councilwoman. The Clerk will please read the title of Bill No. 040089. THE
An ordinance authorizing transfers in appropriation for Fiscal Year 2004 within the General Fund from certain or all offices, departments, boards certain or all city offices, departments, boards and commissions.
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 15, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040090.
An ordinance authorizing transfers in appropriation for Fiscal Year 2004 within the Grants Revenue Fund from the Director of Finance, provision for other grants to the Department of Licenses and Inspections.
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 15, the nays are 0. A Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is bill No. 040333. THE
An ordinance authorizing transfers in appropriations for Fiscal Year 2004 within the Grants Revenue Fund from the Director of Finance - Provision for Other Grants to the Department of Human Services - Office of Emergency Shelter Services.
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 15, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be considered is Bill No. 040334. THE
An ordinance authorizing transfers in appropriations for Fiscal Year 2004 from the General Fund, certain or all City offices, departments, boards and commissions and from the Grants Revenue Fund, the Director of Finance Provision for Other Grants to the General Fund, certain or all City offices, departments, boards and commissions.
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 15, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. Bill No. 040365 is to be considered next. THE
An ordinance authorizing transfers in appropriations for Fiscal Year 2004 within the Grants Revenue Fund from the Director of Finance - Provision for Other Grants to the Director of Finance
This bill having been read on two different days, the question now is shall the bill pass finally. please call the roll. THE
Aye. The ayes are 15, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The last bill to be called for consideration is Bill No. 040154. THE
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to extend the term of a lease agreement for portions of the building and parking lot 4700 Wissahickon Avenue for the use by the City and affiliated agencies for warehouse, storage, and office purposes 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 15, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. 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.)
Seeing none, the Chair recognizes Councilwoman Blackwell for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, May 20, 2004. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, May 20, 2004. All in favor will say aye. (Aye.)
The ayes it, and the motion carries. Thank you. (Council adjourned at 11:25 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, May 13, 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