COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 3, 2005 10:25 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. The 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 Monsignor Daniel J. Sullivan, Pastor of Our Lady of Mount Carmel Parish. I would ask all members and guests to please rise.
Let us pray. Almighty and eternal God. You have revealed your glory to all nations. God of power might, wisdom and justice, through you authority is rightly administered, laws are enacted and judgments decreed. We pray today in this, our City of Brotherly Love, for members of our City Council who are entrusted to guard our political welfare. May they be enabled by your powerful protection to discharge their duties with honesty and Please, God, let them recognize the awesome responsibility they have accepted by accepting the vote of the citizens of Philadelphia; the citizens, your sons and daughters, the young and old, the rich and the poor, who have placed their trust in these men and women. In difficult times throughout the centuries you have blessed your people with strong and courageous leaders. May these men and women be those leaders today. Give them your light and strength to know your will, to make it their own, to live it first in their own lives. Guide them by your wisdom. Support them by your power. You desire justice for all. Enabled them to uphold the rights of others, to recognize your noble gift of human life as it exists in every moment of history. Let them protect, defend, and support that gift by their words, their actions, and their legislative decisions. In all things good, Dear Lord, do not allow them to be misled by ignorance or corrupted by fear or favor. Unite them to yourself and to your them faithful to all that is true. Today we pray for them. We likewise commend to your mercy all your citizens of this City of Brotherly Love, that they through these men and women may be blessed in the knowledge that this, our City of Brotherly Love, our cradle of liberty, is not just our glorious history; it is by your favor our constant reality. May we always be attentive to the consistent challenge of perpetuating this truth. Keep us all under your watchful eye and loving protection. Amen.
The Chair thanks Monsignor Sullivan for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of the business is the approval of the Journal of the meeting of Thursday, February 24, 2005. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 24, 2005, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, February 24, 2005 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and the Journal of the meeting of Thursday, February 24, 2005 is approved. The next order of business is requests for leaves of absence. The Chair recognizes Councilwoman Blackwell.
Thank you, ON behalf of the Majority, a leave of absence is requested for Councilwoman Krajewski.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leaves of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council Session. We appreciate 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 Nutter.
Thank you, Madam your usually tremendous welcome of guests and visitors, I'd also just like to take a moment to welcome an additional guest from a sister city and another legislative body. Baltimore City Councilman Robert Curran is with us today observing the enormity of the task under which we conduct our business here in Philadelphia City Council, and I wanted to welcome him and recognize him in the Chambers here. He is right behind us and already knows to stand up.
At this time the Chair recognizes Kenney who will present a resolution honoring Zack Stalberg for his retirement as editor of the Philadelphia Daily News. Will Mr. Stalberg and those accompanying him please join the Councilman at the podium. I understand that Councilman Nutter is also going to be joining Councilman Kenney.
Madam President, someone with a resolution memorializing their retirement, we usually don't see much of them again. I would suspect with Mr. Stalberg's new position, we're going to see more of him than we've ever done in the past, and look forward to it. This is a resolution honoring Zachary Stalberg on the occasion of his retirement as editor of the Philadelphia Daily News. Whereas, after 34 years at The People Paper and 20 years at its helm, Zack Stalberg, the face, persona and heart of the Philadelphia Daily News has announced his retirement effective February 11, 2005; and Whereas, Stalberg grew up in West Philadelphia and graduated from Overbrook High School in 1964, received his bachelor's in liberal from Temple University, then served in the Army from 1968 through 1970 with two tours of duty in Vietnam; and Whereas, Stalberg joined the Daily News in late 1971 and quickly city editor in 1975, and then editor in 1984; and Whereas, during Stalberg's tenure, the Daily News won Pulitzer Prices and was a recent finalist for a third. In 1990, he was recognized as the Knight Ridder's greatest honor, the John F. Knight Gold Medal for Overall Excellence;
Whereas, Zack has single-handedly reinvented the concept of civic journalism with typical Daily News attitude or as Stalberg put it himself recently, "The Daily News has re-thunk everything in Philly from beer at the stadium to the Benjamin Franklin Parkway" because as Zack decides an issue can improve the quality of life of Philadelphians the paper will shine a spotlight on the issue everyday until there is a resolution; and Whereas, as his publisher recently noted, for more than 20 years as its editor, Zack Stalberg has personified the Daily News and its smart, aggressive, engaging, sometime irreverent journalism that always sought to improve the lives of Philadelphians, and his departure raises the bar for those who will legacy; Whereas, Zack Stalberg will continue to play a road Knight Ridder as a consultant and plans to stay in the Philadelphia area to continue to make a different in the City, but his voice, his heart, and his passion will be missed by all who have been touched by it. Now, therefore, be it resolved by the Council of the City of Philadelphia that Council does honor and commend Zachary Stalberg on the occasion of his retirement from the Daily News. Further resolved that an engrossed copy of this resolution is to be presented to Zack Stalberg as evidence of this legislation body sincere appreciation for his contributions to the City and the region. Sponsored by Councilman James F. Kenney, co-sponsored by all members of City Council. (Applause.)
Council President, Thank you to Councilman Nutter and to Councilman Kenney and to all my friends in this chamber. I take it as a great compliment that after being a nuisance to you for 20 years or 34, depending how you count it, that you're still willing to honor me with this. First, I want to assure you that the newspaper is in great hands, and the traditions will continue and grow. My successor is in the room, Michael Days. (Applause.)
Michael is a Philly kid, like the rest of us, and went to my second favorite high school here. I went to Overbrook, and he went to Roman Catholic. But as there are about a thousand daily newspapers in the United States, and now Michael is in the elite company of about only a dozen or so African-American editors of all of those papers. So we're very proud of him, all of those associated with the paper. I enjoyed my five days of retirement and really look forward to the new role as of 70. If I may get serious for a second, I really did intend to stay out of public life for a little while longer, but I feel deeply that -- and I think all of us know in our hearts -- that the City's been badly tarnished by what's being represented in Federal Court right now, and I couldn't resist the temptation to be a part of fixing that. So thanks very much for this. It's a great, great honor. Some of my greatest moments as a journalist have been in this room, frankly. So this takes me back to my youth, and I really, really appreciate it. Thank you. (Applause.)
Congratulations and good luck. Council will be a ease. (Council at ease.)
The Chair now recognizes Councilwoman Tasco who will present a resolution declaring March as Save Your Vision Month. Will Dr. Susan Oleszewski and the Councilwoman at the podium.
Good morning. It gives me pleasure to present our annual resolution declaring March as Save Your Vision Month. Whereas, Save Your Vision Month is a national event sponsored every March by the American Optometric Association; and Whereas, the Pennsylvania College of Optometry is recognizing Save Your Vision Month with a vision health public awareness campaign entitled Set Your S-I-G-H-T on eye care, a campaign that encourages the public to undertake specific actions to prevent vision loss; and Whereas vision can be protected by scheduling annual eye examinations, introducing a child to the importance of vision safety, getting to know your family history, handling your eyewear with the utmost care, taking changes in your vision seriously; and Whereas, the number of blind States exceeds 1 million; and. Whereas, the causes of blindness are numerous, but individuals can implement preventative steps to reduce the risk of vision loss; and Whereas, uncorrected refractive error, cataracts, diabetic eye disease, trachoma, trauma, and other conditions do not have to result in the loss of vision; and Whereas, when the public is observing the site mandates, the chances of identifying vision conditions early and preventing eye injury is increased; and Whereas, the official 2005 Set Your Sight Eye Care Campaign kick-off in City Council will launch a series of free screenings at regional free library branches, senior citizen centers, and community centers; and Whereas, the Pennsylvania College of Optometry hopes that these free vision screening events will encourage members of the community, especially those who fall into high a proactive approach for caring for their eyes; and Whereas, the Pennsylvania College of Optometry is also participating in Vision USA, a national effort to provide free eye examinations for working persons with no health insurance who have not had any eye examination in the last 12 months. Now therefore, it be resolved that the Council of the City of Philadelphia declares and recognizes March as Save Your Vision Month and encourages members of the community to set your sight on eye care. Further resolved that an engrossed copy of this resolution be presented to representatives of the Pennsylvania College of Optometry as a sincere expression of the Council's gratitude, appreciation, and commendation for sponsoring and organizing free vision screening throughout Philadelphia during Save Your Vision 2005. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of 25th of January 2003. Signed by President Verna, introduced by Marian B. Tasco and Councilman David Cohen, and sponsored by all members of City Council. Thank you and we welcome you back. (Applause.)
Let me thank City Council again for assisting us to raise awareness about the importance of vision and ocular health in ensuring success in life in children and adults. Thank you again for this resolution.
I'm Lorraine Ballard-Morrell, and on behalf of WDAS, Power 99 FM, and all the rest of the clear channel stations, we want to say that we're very proud to be a part of this program. I, for one, am almost legally blind. I can see about this far away from my face. And I found that the time when I started losing my vision, I started to do not so well in school and found was, in fact, my vision that was the problem. So it has a lot of different impacts on a lot of kids, a lot of individuals, and we're very much a proud part of this whole thing. Also, we want to say from the standpoint of Clear Channel Power 99 FM, WDAS, Q 102, Sunny, Smooth Jazz, and the rest of the stations THAT we are still and always will be committed to our community. We are, as always, very much a part of the community of Philadelphia and the Greater Philadelphia area and we will continue to reach out and do whatever we can to deal with the issues that affect all of us, all of you. So thank you very much. Thank you to President Anna Verna. Thank you to Councilwoman Marian Tasco and to the Pennsylvania College of Optometry. Thank you very much. (Applause.)
I'd like to be free screenings in the Council Caucus Room from 12:00 to 2:00 today. Anyone listening to this over the squawk box, you're invited, so tell a friend to come down get a free eye screening in the Council Caucus Room today from 12:00 to 2:00.
Thank you. The Chair now recognizes Councilman Ramos who will present a resolution honoring the Southeastern Pennsylvania Chapter of the American Red Cross and its CEO Mr. Tom Foley. Will Mr. Foley and those accompanying him please join the Councilman at the podium. I see the Councilman is being joined by Councilmembers Brown and Mariano.
Good morning. Resolution honoring Southeastern Pennsylvania Chapter of American Red Cross and its CEO Tom Foley whose diligent and tireless work has helped hundreds of thousands of people affected by the December 26, 2004, tsunami, and recognize the month of March as Red Cross Month. Whereas, the Southeastern Pennsylvania Chapter of American Red Cross is available 24 hours a day, 7 days a week through volunteers and staff and has been serving the residents of the five county region since 1916; and
Whereas, Tom Foley, CEO of Southeastern Pennsylvania Chapter of the American Red Cross, his staff and volunteers respond to disasters, educate youth and families on disaster prevention, teach life-saving health and safety training in the workplace and community, provide automated external defibrillator, AED units, and training, assist military families during emergencies, train and test certified nurse assistants and provide volunteer support for blood services; and Whereas, on December 26, 2004, the second largest earthquake since measurements began in 1899, a magnitude of 9.0 earthquake occurred 100 miles off the coast of Indonesia to Matra Island; and Whereas, this enormous seismic or fall in the ocean above and this occurrence is the initial formation of the tsunami; and Whereas, the tsunami claimed 276,000 lives in Asian and Africa;
Whereas, the Red Cross and Red Cross Societies from around the world are currently assisting more than 500,000 people; and Whereas, the amount of money donated through the Southeast Pennsylvania Chapter of the American Red Cross equals more than $5 million as of February 7, '05. Whereas, the money donated helping to provide food, clean water, health care, psychological support, shelter materials and household and hygiene articles to survivors of the worst natural disaster in living memory; and
Whereas, the tsunami funds will help affected countries recover and rebuild their lives with relief and recovery programs as well as disaster preparedness measures planed to run at least decade; Therefore, be it resolved by the Council of the City of Philadelphia that we hereby honor the Southeastern Pennsylvania Chapter of American Red Cross and its CEO Tom Foley whose diligent and tireless work has helped hundreds of thousands of people affected by the December 26, 2004 tsunami, and recognize the month of March as Red Cross Month. Further resolved that an engrossed copy of this resolution be presented to Tom Foley, CEO of the Southeastern Pennsylvania Chapter of the American Red Cross as evidence of the sincere respect and admiration of this legislative body. Signed by Anna C. Verna, President of City Council. Cosponsored by Richard Mariano and Blondell Reynolds Brown and yours truly. Congratulations to Southeastern Pennsylvania Red Cross. (Applause.)
Thank you, Madam Chair. Many of you know I have some reason to understand how difficult and important the work is that you do. We thank you in year perseverance in that work every single day of the year. We thank you especially for recognizing this work. The word unprecedented is the right word when we think about what happened on December 26th. Even since we wrote the resolution, since Juan put this on paper, we've had 8,000 more people die, 283,000. We have 525,000 serious injuries. There are still 8,000 people listed as missing. Unprecedented is really the only word to describe what happened. But I want to use that word in another context that says a great deal about the City of Philadelphia and the community that we live in. The response to that tsunami, to that destruction two continents away in 13 countries that many of us could not pronounce, the response from this community has also been unprecedented. Councilman not too long ago, we never issued a single letter. We never asked for a single donation. And just over the transom of that office of 23rd and Chestnut Street, over $2,700,000 from 4,600 different people living right here, another 14,000 people sent their money directly to the American Red Cross in Washington from this City and this region. Eli Wiesel, the great humanitarian and Nobel Peace Prize winner says that the world really isn't made of atoms, it's made up of stories. We had a story on January the 6th, which is Three Kings Day, a very important feast day in the Latino community where that community celebrates children. Juan Ramos used that opportunity in the Cousin Supermarket at Fifth and Lycoming to raise $5,000. And that's not a community where you can just take out and write a big fat check. At a school in your district, Madam President, at Seventh and Dickinson, a school you know well, the Kirkbride School, was the the City of Philadelphia to hold its own fundraiser. The kids raised over a thousand dollars. The person who presented the check for me, wearing a suit about four times too big, his first name was Thailand. You know what country he was from. And 70 percent of the students in that school in our City were Asian Americans. The Bartram High School, another place where kids cannot go home and get mom or dad to write a check. 41. We have a representative of one of our Red Cross clubs, and I'll introduce them in just 30 seconds, with us. That was a Red Cross Club that did that. It's the only club in that school other than the sports teams. Any place that you look in this City, in our churches, in our businesses where they matched employees' contributions. Our law firms, many of whom traditionally compete with each other bonded together on this. Our sports teams matched the donations given by their athletes and their fans. An unprecedented response. numbers, but I would be willing to bet, Madam President, that the School District in this City which raised over $53,000 from those kids in that school have to be No. 1 in this country in responding to that devastation two continents away. And that is a credit to the leadership that all of you have provided. We thank you. We thank you for what you're doing here today. We thank you for the work that you do always. I want to finish by letting you know who some of these wonderful people are behind me. Hiding right here Yetarlise Susario (ph) is a member of the Red Cross Club at the Franklin Learning Center. There are 10 of these clubs in high schools throughout the City. We worked with our superintendent and with all of you to create them. Pat Ma (ph) works with us, math organizes all of our youth work, some of the training that Councilwoman Reynolds Brown talked about in her part of the resolution. We have two AmeriCorps volunteers who are doing terrific work all over this City.
We six of them with us full time; Kate and LaToya. And we have Ormond. I asked Ormond to come today because even since the tsunami hit we have had over 140 disasters in our region, 90 percent of them in our City. And those disasters for those families are every bit as significant as that tsunami. This guy is the No. 2 guy in that response operation. So the three fires last night, the notes I'm getting from Ormond are 3 o'clock in the morning since he's there at the site taking care of things. They do wonderful work and I wanted to be sure a representative of the work that's done by 4500 volunteers in this region is recognized by some of their members. Thank you so much for having us here. It is a great honor for us. )
Thank you. Council will be at ease. (Council at ease.)
The next order of business is communications. 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 March 3, 2005, I signed the following bill that was passed by Council at its Session on February 17, 2005: Bill No. 041072. And I am transmitting for the consideration of honorable body an ordinance dissolving the network tax increment financing district being the area generally bounded by 16th Street on the west, Spring Garden Street on the north, Hamilton Street on the south, and 15th Street on the east, in accordance with the Tax Increment Financing Act, as amended.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possessions. 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 so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. (Aye.)
The ayes have it, and the motion care rigs. The Chair recognizes Councilman Kenney.
Thank you. The Chief Clerk will please read the title of the bill. THE
An ordinance amending Title 17 of the Philadelphia Code entitled "Contracts and Procurement" by providing that if any existing or new City contract grants the City the right to use or control the use of the suite box or other portion of a sports stadium, ballpark, arena or other sports facility, such city suite must be leased by the City to the highest responsible bidder, with all rental payments under such lease paid over to certain organizations, all under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Title 19 of the Philadelphia Code entitled "Finance, Taxes and Collections" by creating a rainy-day fund to cushion the impact of unanticipated decline in City revenues.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, I introduce one resolution.
Thank you. The Clerk will please read the title of the resolution. THE
A resolution authorizing the Redevelopment Authority of Philadelphia to extend the 44th and Aspen Urban Renewal Area and to amend the redevelopment proposal and the urban renewal area to include the land bounded by 44th Street to the west and 40th to Lancaster Avenue to the east.
Thank you, 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 signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Mariano.
Thank you. The Chief Clerk will please read the title of the first resolution. THE
Madam President, I move for the adoption of that 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 honoring the 100th Anniversary of the founding of the Historical Society of Frankford.
Madam President, I move for the adoption of that 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 Councilwoman Tasco.
A resolution honoring and commending Delta Sigma Theta Sorority, Incorporated, and the Alzheimer's Association for the work to educate and promote awareness in the African-American community regarding the impact of Alzheimer's disease.
Madam President, I move that the resolution that has been introduced by Councilwoman Blondell Reynolds Brown and Marian Tasco be approved. (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 Councilwoman Miller.
Thank you, Madam President. Today, I have no bills or resolutions.
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.
A resolution celebrating the 35th Anniversary of the American Theater Arts for Youth.
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 Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I have I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman DiCicco.
The Clerk will please read the title of the bill. THE
An ordinance amending Bill No. 040369 which become law June 21, 2004, entitled an ordinance amending Chapter 14-1600 of the Philadelphia Code entitled "Miscellaneous," by adding a new section prohibiting the demolition of buildings or other structures located within the area bounded on the north by the south side of Locust Street, on the west by the east side of Fifth Street, and on the south by the north side of Washington Street.
This bill will be referred to the appropriate committee. And the Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
The Chief Clerk will please read the title of the first bill. THE
An ordinance dissolving the Networks Tax Increment Financing District, being the area generally bounded by 16th Street on the west, Spring Garden Street on the north, Hamilton Street on the south, and 15th Street on the east.
The bill will be referred to the appropriate committee. THE
And an ordinance granting permission to Moore College, owner of the property 1915 Race Street to operate and maintain an open air sidewalk cafe on the Street, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. The next order of business is reports from committees. The Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out one bill with a favorable recommendation.
Thank you. 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 Fiance to which was referred Bill No. 040133 entitled an ordinance amending Section 17-104 entitled "Prerequisites to the Execution of City Contracts," by adding a new subsection entitled "Slavery Era Business Corporate Insurance Disclosure" to promote full and accurate disclosure to the public about any slavery policies sold by any company for profits from slavery by other industries; respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040133. (Duly seconded.)
It has been moved and properly second that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040133. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and Bill No. 040133 will be placed on today's First Reading Calendar. The Chair recognizes Councilman Cohen for a report from the Committee on Law and Government.
Thank you, Madam President. I'm going to ask Councilman Kenney, the Vice Chair, to give the report.
Thank you, Madam President. The Committee on Law and Government reports two bills and one recommendation.
Thank you. 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 Law and Government to which was referred Bill No. 040771, entitled an ordinance providing for submission to the qualified electors of the City of Philadelphia of the proposal set forth in a resolution approved by Council proposing amendments to the Philadelphia Home Rule Charter relating to City leases, contracts, concessions and its provisions of financial assistance; And Bill No. 040772 entitled an ordinance amending Title 17 of the Philadelphia Code, entitled "Contracts and Procurement," by adding provisions regulating the process by which the City awards professional service contracts and other non-competitively bid contracts; And Resolution No. 040818 entitled a to the Philadelphia Home Rule Charter relating to City leases, contracts, concessions and the provision of financial assistant and providing for the submission of the amendment to the electors of Philadelphia; Respectfully reports it has considered and amended the same and returns the attached resolution and bills to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilman Kenney.
Thank you, Madam President. I move the Rules of Council be suspended so as to permit first reading this day of Bills No. 040771 and 040772. (Duly seconded.)
It has been moved April properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040771 and 040772. All in favor will indicate by saying (Aye.)
The ayes have it and the bills just read will be placed on our First Reading Calendar today. And the resolution will be considered at the same time that the bills are also considered. At this time the Chair recognizes Councilman Goode.
Thank you, Madam President. The Committee on Commerce and Economic Development reports one bill with a favorable recommendation.
Thank you. 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 Commerce and Economic Development to which was referred Bill No. 050064 entitled an ordinance amending 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by providing for the calculation of the credit against net profits tax based upon net income tax liability, all under certain terms and conditions; respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 050064. (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. 050064. All in favor will indicate by saying aye. (Aye.)
Those 03/03/05 - STATED - 1ST READING opposed? (No response.)
The ayes have it, and bill 050064 will be placed on today's First Reading Calendar. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the title of the bills on today's First Reading Calendar. THE
Bill 040133, an ordinance amending Section 17-104 entitled "Prerequisites to the Execution of City Contracts" by adding a new sub-section, entitled "Slavery Era Business Corporate Insurance Disclosure," all under certain terms and conditions.
And Bill No. 040771, an ordinance providing for the submission to the qualified electors of the City of Philadelphia a proposal set forth in a resolution approved by Council proposing 03/03/05 - STATED - 1ST READING amendment to the Philadelphia Home Rule Charter relating the City leases, contracts, concessions and the provision of financial assistance, all under certain terms and conditions.
And Bill No. 040772, an ordinance amending Title 17 of the Philadelphia Code entitled "Contracts and Procurement" by adding provisions relating to the process by which the City awards professional service contracts and other non-competitively bid contracts, all under certain terms and conditions.
And Bill No. 050064, an ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by providing for the calculation of the credit against net profits tax based upon net income tax liability, all under certain terms and conditions. 03/03/05 - STATED - 2ND READING
The Chair agrees. 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. 041071 is being called up for second reading and final passage. All other bills are being held.
The Chair thanks the Councilwoman. The Chief Clerk will please read the title of Bill No. 040171. THE
An ordinance consenting to the transfer of control of Area II cable television franchise from Urban Cable works of Philadelphia to Time Warner Cable, Inc., and to the transfer and assignment of Area II cable television franchise from Urban Cable Works of Philadelphia to Time Warner Cable, both under certain terms and conditions.
This being 03/03/05 - STATED - 2ND READING bill having been read on two different days, the question now is shall the bill pass finally. The Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I appreciate the opportunity to be recognized. I will be brief in my comments. First, let me say that for this record I need to acknowledge the hard work of the Chair of the Public Property and Public Works Committee, Councilman Darrell Clarke, for his patience in working through a data-filled, letter-filled, time-filled process that brings us to this particular point, and the Councilman is to be commended for his work in chairing that Committee going over this proposed transfer of franchise. This Council has dealt with this issue a number of times over the years, and the participation at these hearings was engaging, members were paying attention to the information supplied, and as I referenced, 03/03/05 - STATED - 2ND READING there's been a lot of information passed back and forth, many questions raised about the proposed transfer of this cable franchise which has historical significance, as members of this body know, going back to the original proposal to have four separate franchise areas in the City of Philadelphia. The issue before us comes at a time in accordance with the City's policy and direction in adhering to FCC regulations, there is a 120-day time period during which the franchise authority has the authority to either take action or take no action. If the 120-day time period were to pass with no action by this body, then this transfer would be deemed approved automatically. The City of Philadelphia Law Department, in their opinion and in their documentation, is taking the position that the 120-day time period expires within the next few days. So I would strongly urge my colleagues that some action needs to be taken in this particular matter lest we pass the 120-day time period and this transfer would be deemed approved automatically. 03/03/05 - STATED - 2ND READING I think that there are a number of reasons why this transfer at this point and this transaction in front of us today should not be approved. And I will be brief. When you look at the record and the extensive testimony and the information that has been supplied -- and I've made numerous requests and others have made numerous requests. Some information has been supplied. There will always be disputes about whether everyone got all of the information that they wanted. But looking at the record and the issue in front of us regarding the qualifications and suitability of the proposed recipient of the transferred franchise raises questions strictly from a business standpoint on the operations of this particular franchise over the past few years. For the record, the information supplied and not disputed at the public hearing would leave you with the impression that there are subscriber issues and problems that are either unresolved, misunderstood, or not being addressed directly. Year end 2000, 03/03/05 - STATED - 2ND READING the information in the public record indicates that the subscriber base was 67,786 subscribers. And over the years and every year since then, there has been declining subscribership in this franchise. We are now at a 31 percent penetration rate. At year end 2004, the subscription rate went from 67,786 to 50,071. That information was not disputed at the public record. That is a serious drop in subscribership, while apparently all other areas of the City are either stable or increasing their subscribership in other cable franchise area. Issues regarding compliance with the requirements of the franchise agreement, and while there may be technical compliance at this point in time, those compliance issues were only seemingly being addressed during the time when the cable franchise transfer discussions were taking place between the companies and our Department of Public Property. There are continuing concerns about compliance in the future, and the record from the past certainly gives rise to those 03/03/05 - STATED - 2ND READING concerns. 20. A tremendous drop in those participation issues.
Away from this record but on a personal level and issues raised in this City Council, there is no commitment by the franchisee, outside of the issues of Form 394 and other matters but are pertinent to many members of this body, the subscription base and throughout this City, there is no 03/03/05 - STATED - 2ND READING commitment by the franchisee to have continued minority participation in the operation or ownership or investment opportunity for this particular franchise. There is grave concern about that issue. There is no getting around it. " Well, at that point, that horse is out of that barn. And I don't understand how we in this day and age could put forward a concept that subsequent to some other actions, we'd be glad possibly to sit down to have a conversation. So I only have one vote, Madam President, but I will be casting my vote in the negative on this particular issue because, in my opinion, as a member of this body, I do not believe that this transaction is in the best interest of the citizens of the City of Philadelphia. Thank you, Madam President.
You're welcome. 03/03/05 - STATED - 2ND READING The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I do have a question for the sponsor of the bill.
I recall during the hearing process -- and the record should reflect that I was not a member of the Committee, but I clearly remember sitting upstairs in my office, and a lot of questions were raised around the financial breakdown of the sale. Can you tell us whether or not that particular question was addressed to your satisfaction?
Thank you, Councilwoman. That was possibly one of the most torturous experiences, and I've had a few, in this Chamber. It would be virtually impossible, Councilwoman, to recall for you the intricacies of what was a yellow legal pad exercise in fractions and percentages to try to figure out where the dollars are going in this particular transaction as well as even 03/03/05 - STATED - 2ND READING what the actual sale price is and who the beneficiaries are. The franchise was sold in 1999 for $160 million. The initial response to that question on the record was, what is the price being sold for the franchise today? The initial response was $53 million. You know me well enough that that probably was not going to be a sufficient answer.
The ultimate response on the record after going through extensive conversation -- and I commend the individuals representing the company for finally putting forward the information. The record would indicate that there are over $200 million involved in some way, shape, or form in this transaction. You have to follow the bouncing ball to figure out where all the money is going. That information was provided at the table in no document but on the step-by-step basis as we walked through the transaction. So I have no document that shows the actual breakdown from the individuals in a 03/03/05 - STATED - 2ND READING documented fashion of what this transfer represents in terms of true dollars and who will receive what through the course of the process.
So, given your descriptive explanation, the short answer would be, no, you were not satisfied?
I was not satisfied with the response on that particular issue. Information was supplied; it is very difficult to follow.
The second question I had was facts around the minority participation. And, Madam President, I clearly remember more than two decades ago when I was working at the Philadelphia OIC how members of this legislative body were wrestling and fighting and insisting on minority participation beyond the single digit that we're typically familiar with. And so when I hear how far we've come or have not come with regards to minority participation with the issue before us, I too will join the sponsor 03/03/05 - STATED - 2ND READING of this bill and be voting no on this measure.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'd just like to say I agree with Councilwoman Blondell Reynolds Brown. We were not members of this body but were in positions where we were involved to advocate for minority participation in the whole cable franchising of this City. Our colleague Councilwoman Clark and some of the other members were certainly intimately involved in that process because we wanted to make sure that there was an outreach to the broader community of the City of Philadelphia. And we watched through the years how this company has been -- this area, particularly this area where this franchise was given, some of the problems because we all have friends in that community. My concern is that during the course of the discussion at the hearing -while I was not physically in this room, I was watching it on television in my office. And I 03/03/05 - STATED - 2ND READING agree with Councilman Nutter, the company had a very difficult time discussing the financial conditions of the company, where the money was coming from or going, and also their arrogance in not wanting to commit to any broader participation in this franchise. And when you hear the numbers of the decline in the subscriptions, that has an economic impact on Philadelphia. And how we could be asked to support this when we should be struggling to ask them how they're going to increase the subscriptions so that Philadelphia, the city itself with the budget problems we have, we should not support an entity until they can assure us that there will be an increase in the revenue to the City. So I think we lose all around when we support this legislation and not have some assurances that we're going to increase the revenue and also increase the broader participation. So I too will be voting no.
Thank you. The Chair recognizes Councilwoman Blackwell. 03/03/05 - STATED - 2ND READING
Thank you, Madam President. Certainly, when we mention Wade Cable and cable in West Philadelphia, that concerns my district and Councilman Nutter's district. I can't but go back to our former colleague, the late Congressman Lucien Blackwell who fought so hard that we might have a minority company in all of this cable work. And certainly, whenever we talk about this debate, it's just astounding that we could even deal with the issue, not only of revenue but of minority participation, especially with regard to this specific issue in this specific location. So I believe we have to do it right. And certainly, in the spirit of all he fought for, for inclusion for everybody in our City, certainly, we will likewise be voting no and ask my colleagues to do the same.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you, Madam President. 03/03/05 - STATED - 2ND READING Could the Councilman explain -- and I know we explained this when we were in hearings -- the FCC's role? If we vote no today on this, what actually happens after the 120 days and the FCC's ability to implement whatever is being requested here today?
Thank you, Madam President. Thank you, Councilman Rizzo. The FCC regulations, as I understand them, do provide for this 120-day time period. They also allow for the local franchising authority to conduct its process in accordance with the cable franchise agreement that has been signed by the present franchise holder. I do not know what other recourse this applicant may have. I think it's important for this record, we should seek to assure all of the subscribers, that their service, whatever they may think about their service, their service will continue subsequent to today's Council Session regardless of what 03/03/05 - STATED - 2ND READING action takes place. I do not know if the applicant has recourse to the FCC, but I would strongly again reiterate our role in this is to either take an action or have no action taken and allow for automatic renewal. I believe by this bill being in front of us today and an action having been taken, we will have fulfilled our role and requirement in this process. And so after that, these are all business people and they're involved in a business and have legal responsibilities to not only maintain the franchise but also make a case for why this City Council should approve this particular transaction. And I believe an examination of the record would leave grave questions as to whether or not that case has been made. After that, Councilmembers are certainly free to make whatever decisions they choose to make as individuals and as independently elected officials. One last point, Madam President. I believe that the issue of penetration rates must be put in some context so that we 03/03/05 - STATED - 2ND READING understand what 31 percent means. By independent analysis of the top 50 cities in the United States of America, that 31 percent penetration rate for this particular franchise is the third lowest of the top 50 cities in the country; third lowest. Again, you can massage the numbers, you can talk about how many households you pass and what people are doing and are they getting dishes and all the other issues, everyone is faced with the same challenges. As the coach used to say, it rains on both sides of the street. There are serious issues that need to be addressed in this process, and I believe that this body should take an action. And members, I'll leave it to their individual judgments as to what action they will take, but I think the record is clear in terms of the concerns about this proposal.
Thank you, Madam President. Thank you, Councilman. 03/03/05 - STATED - 2ND READING
Thank you, Madam President. I think this bill is going down in flames, but I would like to comment. The Telecommunications Act of 1996 that governs all this was passed by Congress. It was a major preemption of local government control. That's why the cable companies don't feel they have to -- unless they're willing to, they don't feel there's any reason other than their good will to negotiate with communities and with people at the local level. Both Chairs in the House and Senate this year have indicated that they want to revisit the 1996 Telecommunications Act. That may not be for good reasons. It may be now that all that's left they want to take away, which is the fees that cities receive under the cable agreement. But it may also be an opportunity for the lobbyists, the very expensive lobbyists that the City employs we heard about just two days ago in our opening budget hearings, to take this case study to 03/03/05 - STATED - 2ND READING the FCC, to the Senate, to the House, as they're reviewing and possibly reenacting the Telecommunications Act because this is the very thing that I'm sure the cable companies told the Congress back in 1996 and the President who signed the bill that this would never happen. So I think a unanimous vote on this would be terrific to put in that portfolio for our lobbyists so they can earn those big dollars that we heard they're getting. Thank you.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President. It seems to me that in the field of cable that the City's performance has been unsuccessful in two major areas. One is in the lack of obtaining permanent, strong, supportive minority participation; and the second has been in providing public access. It seems to me that Councilman Nutter's bill and his vision of voting no on 03/03/05 - STATED - 2ND READING this gives the City a great opportunity to deal much more effectively than ever before with both issues, and I support it. I think it's shameful, and in Philadelphia our record has been so poor in these two areas, minority participation and public access. And by bringing in a new area of competition by getting to deal with this issue again, the City's been given a great opportunity. Therefore, I support strongly Councilman Nutter's position, voting no on this bill. Otherwise, we're going to be condemned to repeat our previous failure. Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I too will be voting no on this bill. And my main reasons are lack of customer service. I have many constituents, not that many, but enough in this area, in Urban Cable Works geographic area, that I was actually was surprised. I actually thought 03/03/05 - STATED - 2ND READING all of our constituents in the 8th District had Comcast, but we do have some that have Urban Cable Works. And there's numerous customer complaints that just don't seem to get corrected. Lack of commitment to develop the local advisory board. I had actually been asked to recommend a few people for that board and was really shocked that the board really ended up not being anything. And also due to the low level of participation from MBEs and WBEs. So I too will be voting no on this legislation.
Thank you. The Chair again recognizes Councilman Nutter.
Thank you, Madam Chair. I'll conclude with this. Just on a personal level, the way this process has been conducted, I at least want to recognize the individuals -- this, on the surface, is easily stated a somewhat complicated transaction. You have Time Warner which is well known throughout the world, one of the largest cable companies certainly in 03/03/05 - STATED - 2ND READING the United States. You have Inner City Broadcasting Corporation primarily out of New York. You have a local group of investors, minorities who are investors in this. And then there are some other investors who I don't know. The local franchise operation and many of the their representatives are here in the audience today. And I've had numerous occasions to talk with them about any number of issues, and they need to understand this is Council conducting the business of the people of the City. There are no personal issues here. They, for any number of issues from time to time, have certainly been responsive to the day-to-day things that I might bring to them. I can't speak to others' experience. There have been some shortfalls from time to time. What has perplexed me, though, in this process, the ultimate franchise transfer goes to Time Warner who is 40 percent owner of this complicated transaction. Most of the information -- and I must commend them and he 03/03/05 - STATED - 2ND READING is here and he's well-recognized, he's one of these people that if you had a list of folks that you ever wanted to meet, he would certainly be on my list, a well-known and nationally respected attorney Eric Holder representing Inner City primarily. Time Warner has essentially, from my perspective, taken the position, "We will let the other company, our partner, try to make this transaction happen," for whatever reason. Most of the information has primarily come from them. Time Warner seems to be in a position of "We'll just wait and see what happens." So most of the data, most of the information, most of the correspondence has primarily come from the one entity that is essentially trying to exit the transaction. Inner City is trying to get out of this transaction, and their financial situation is being held up as a result of its non-conclusion. It seems to me that if Time Warner wants this franchise, then Time Warner needs to step up to the plate and act like the big 03/03/05 - STATED - 2ND READING player that they are, deal with the issues that need to be dealt with, whether it's Inner City of the local investor group or anybody else, and get this franchise in order. Act like you want it, not just hanging around to see what happens. If you want it, act like you want it. And I haven't seen that kind of response so far from Time Warner. So again, I would encourage my colleagues on this particular transaction, I do not believe that it is ready and it is pertinent and it is right for an affirmative step and is not in the best interest of the subscriber base or the citizens of the City of Philadelphia. Thank you, Madam President.
Thank you. Are there any other comments or questions from Members of the Council? Councilman Cohen.
I think it's important that the President make clear the unusual nature of this vote. The sponsor of the bill, who has explained his reasons for 03/03/05 - STATED - 2ND READING it, is asking this vote be a no vote instead of usual vote of a sponsor calling for an aye vote. So I just think that the President ought to make clear that point.
I think the sponsor said he is voting no and Councilmembers can vote whichever way they feel comfortable. But he is voting no. Is that my understanding, Councilman Nutter?
That is correct, Madam President. I understand Councilman Cohen's question. It is certainly somewhat unusual to have introduced a bill and through the course of the process subsequently be in a position of voting no. And I've announced how I am voting in conducting my individual vote. I'll leave it to the good discretion and judgement of the Members to decide how they are going to vote. But I clearly, I think, articulated how I'm going to vote. Thank you, Madam President.
Thank you. As said earlier, this bill having 03/03/05 - STATED - 2ND READING been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. THE
No. The nays are 16, the ayes are 0. That concludes our Calendar for today. Are there speeches on the part of Minority? The Chair recognizes Councilman Kelly.
Thank you, Madam President. I just want to take this time to commend the officers and management of the Philadelphia Museum of Art, the Philadelphia Chamber of Commerce, the Philadelphia Convention and Visitors Bureau, the Greater Philadelphia Marketing Group, the Mayor and his Administration for working together to bring support and promote the Salvador Dali exhibit which is currently being held at the Museum of Art. I think events like this, this event is projected to bring in thousands of visitors, not only throughout the United States, but throughout the entire world, which will bring in millions of dollars of much needed revenue to our City. I think that, in fact, I would think that this event will probably make up for the deficit, the loss of revenue which we experienced due to our Philadelphia Flyers not playing this season. But it's important that we realize that we fund, not only the Philadelphia Museum of Art, but all of our cultural institutions because they do such a great job in bringing visitors and bringing revenue into the City. There's no doubt that every dollar we spend on these institutions we get much more in return. And I think that that's one of the reasons why I think that we really, really have to do something to protect these institutions. And I will tell you that -- I want to take this time, of course, to invite you, Madam President, all of my colleagues and all the citizens of Philadelphia to go down and to take a look at this great exhibit by a great artist in a great facility in our great City. I also want to remind my colleagues that the Philadelphia Museum of Art is hosting City Councilmembers and members of the Pennsylvania General Assembly to a legislative luncheon and viewing of the exhibit. That will be tomorrow at 12:00 noon. And I would like to see most of my colleagues there. Thank you, Madam President.
Thank you. The Chair recognizes Councilman O'Neill.
Yes, Madam President. Briefly, I'm not sure if history was made here today, but I know in my 25 years -- and I would ask you and Councilman Cohen particularly -- I don't remember unanimous no vote on a bill. I would like to just bring that my colleagues' attention.
Twenty-five for me. I'm on the Mayor's 25 and up list, I think. Thank you.
So am I. Are there speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion.
Madam President, I move that Council stand adjourned Thursday, March 10th at 10:00 a.m., 2005. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, March 10th. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. Thank you. (Council adjourned at 11:30 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, March 3, 2005, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR