COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 2, 2006 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning. 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 Father John Large of the Mater Dolorosa Church. He is here today as the guest of Councilman Mariano. At this time, I would ask all members and guests to please rise. Father.
Let us pray. Lord God, I thank you for the time to pray with members of Council. Lord, you said to the rich young man that he can have eternal life if he keeps the commandments. Help us to keep in mind the reasons we ran for office. Never let us outrun those who elected us because they to catch up. May our offices always be in our hearts and not in the rooms of any buildings. May we keep in our hearts the spirit of Mrs. Coretta Scott King, who kept her husband's dream alive because she was able to keep on when others would have given up. May we work for a city where there are no widows because their husbands have been gunned down by violence. May our city be a place where there are no victims and no victimizers, a city where brotherly love and sisterly affection are not signs on the street but states of mind we all seek. For to honor her memory is to work for her dream. May we keep away from the spirits of distraction and temptation because they cloud our memory of where we came from and who we were before we were elected. May our personal struggles not bring us down but bring us closer to the struggles of those we serve. And when we unappreciated, may we feel the love in this room from our Council sisters and Council brothers, because God calls us to be one body. Lord, you called the rich young man to the one thing necessary, to give up what he held on to. Help us to give up the things of the ego so we can hold on to the things of our city's mojo, remembering always that the main thing is to keep the main thing the main thing. With respect to all the religions represented here, I ask these blessings in Jesus' name and I ask that Council to say amen. COUNCILMEMBERS: Amen. Thank you for your invitation and thank you for all your work.
The Chair thanks Father Large for his very inspiring invocation. Council will be at ease. (Council at ease.)
May I attention, please. The next order of business is the approval of the Journal of the meeting of Tuesday, January 24, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Tuesday, January 24, 2006 stand approved.
It has been moved and properly seconded that the Journal of the meeting of Tuesday, January 24, 2006 stand approved. All in favor will please indicate by saying aye. (Aye.)
The it, and the Journal of the meeting of Tuesday, January 24, 2006 is approved. The next order of business is requests for leave of absence, and again the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining 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 Councilwoman Tasco, who will present a resolution designating February as American Heart Month. Will Ms. Bernadette Munley and those accompanying her please join the Councilwoman at the podium. I see that Councilwoman Tasco is being joined by Councilwoman Miller -we have all of the Councilwomen. Good. Councilwoman Brown and Councilwoman Blackwell. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. This morning we come to present as American Heart Month and recognizing the Go For Red For Women Movement in the City of Philadelphia. Whereas, cardiovascular disease is the nation's leading cause of death, and stroke is the third leading cause of death; and Whereas, cardiovascular disease is the leading cause of death among women over age 25; and Whereas, cardiovascular disease claims the lives of over 480,000 women each year, more than the next six most common causes of death combined; and Whereas, only 13 percent of women are aware that heart disease is their number one health threat.
Whereas, in 2006, the direct and indirect cause of cardiovascular disease and stroke in the United States is estimated at $403.1 billion; and Whereas, one in four females males in the United States suffer from some form of cardiovascular disease; and Whereas, 64 percent of women who died suddenly of coronary heart disease had no previous symptoms of the disease; and Whereas, stroke is the number three cause of death for American women and is the leading cause of serious long-term disability; and Whereas, African-American and Mexican-American women have higher heart disease and stroke risk factors than white women of comparable economic status; and
Whereas, the Go Red For Women Campaign is the American Heart Association's national call to increase awareness of heart disease, the leading cause of death for women, and to inspire women to take charge of their health; and Whereas, the Go Red For Women a national movement, empowering women to love and save their hearts through education as well as life-style choices and actions designed to lower personal risk factors for cardiovascular disease; and Whereas, numerous Philadelphia landmarks will be going red in February in support of the Go Red For Women Movement and American Heart Month; and Whereas, the American Heart Association continues to work actively with faith-based institutions, healthcare providers, researchers, scientists and public officials in an effort to educate and inform women about the importance of paying attention to their hearts and to help them live longer, stronger lives by reducing their risk for cardiovascular disease. Now, therefore...
Resolved by the Council of the City of Philadelphia, that we hereby proclaim February 3rd, 2006 as Wear Red Day in the urge all citizens to show their support for women and the fight against heart disease by commemorating this day by wearing the color of red. The increased awareness and empowering women to reduce their risk for cardiovascular disease, we can save thousands of lives each year. Further resolved, we call upon all women to recognize the importance of the ongoing fight against heart disease and urge all women to be educated, speak with their healthcare provider and be aware of the risk factors for this devastating disease and take steps to reduce their personal risk factors. Further resolved, we hereby proclaim the month of February as American Heart Month in the City of Philadelphia. We call upon everyone in the City of Philadelphia to be aware of cardiovascular disease and its risk factors and take action to reduce their personal risk factors. resolved, that an engrossed copy of this resolution be presented to the American Heart Association further evidencing the sincere sentiment and high esteem of this legislative body. Introduced by Council President Anna C. Verna, Councilwoman Marian B. Tasco, Councilwoman Jannie L. Blackwell, Councilwoman Donna Reed Miller, Councilwoman Blondell Reynolds Brown, January 24, 2006, and co-sponsored by all members of City Council. (Applause.)
Yes. Thank you very much. My name is Bernie Munley and I am co-chairing the Go Red Women's luncheon this year, which is the fundraising arm which makes a lot of this possible, a lot of this information for women possible. With me up here are Sherry Ashton and Katherine Dipoppo, both the American Heart Association and they're both working on this program with me. The three of us, along with other members of the American Heart Association, would like to accept this resolution from Philadelphia City Council President Anna Verna, along with these wonderful women up here, Councilwoman Marian Tasco, Councilwoman Donna Reed Miller, Blondell Reynolds Brown and Jannie Blackwell. That's a lot of women power behind our effort here. The resolution is basically going to show the support of the City of Philadelphia by recognizing February as American Heart Month, as well as the Association's Go Red For Women Campaign. Tomorrow, which is February 3rd, which is Friday, is National Wear Red Day. So we're going to ask everyone if they can remember to please try and wear red in support of our campaign. The Councilwomen all read to heart disease and women, and it is the number one killer of women and it does in fact kill more women than cancer, but yesterday when I was -- they gave me remarks to read, but yesterday when I was reading the Inquirer, I found a very interesting article which I thought was somewhat more to the point. It caught my eye because it said "Why tests often miss heart ills in women." And so the article is kind of lengthy, but what I thought particularly important to read to you was that it says, "Scientists are struggling to understand some disturbing discrepancies between men and women with heart disease. Women are less likely to receive aggressive treatment for heart disease than men. Women are less likely to survive heart surgery than men, and women respond differently from men to various risk factors and therapies." So it's very important that we make all of these risk factors known to can take care of themselves and lead healthy lives. That being said, we hope that we can count on everyone here to join in our movement by wearing something red tomorrow. And if you can't do that or if you would like to join us tomorrow at Liberty Place from 12:00 to 1:00, they're having a kick-off event. There will be information there regarding health, your heart and a raffle. So thank you very much to everyone. Thank you to the members of Council. We really appreciate it. (Applause.)
Thank you very much. Council will be at ease. (Council at ease.)
I notice that State Representative Roebuck is in the office. So if you would stand, we would like to welcome you. Welcome. (Applause.)
The Chair now recognizes Councilwoman Reynolds Brown, who will present a resolution honoring the African-American Children's Book Project. Will Ms. Vanesse Sgambati and those accompanying her please join the Councilwoman at the podium. He's coming up. Please join the Councilwoman, if you please.
To my colleagues and those in attendance, you should know that Philadelphia has a star when it comes to the literary world. In the Black Issues Book Review, which is a magazine for those in the profession, many, many authors were saluted, but only one of them was a literary agent, and she's our very own Vanesse Lloyd Sgambati. So before I read our citation, I want to share with you that Vanesse Lloyd Sgambati is the founder of the Literary, a Philadelphia public relations publicist and book promoter, wherein her strategies for African-American authors turns book events into literary fashion life-style gatherings all over the City. She expanded book promotions far beyond stores into hip venues and made marketing sheik, with evening parties, champagne sips and other types of gatherings. She's well known nationwide for pushing black authors to be guests on radio shows. So she has really created her own trail, and now many are following her footsteps when it comes to lifting up and celebrating African-American authors. Honoring the African-American Children's Book Project on the occasion of the Annual African-American Children's Book Fair. Whereas, for 14 years, the African-American Children's Book Fair has enhanced multi-culturalism in our City utilizing the joy of reading as a tool; and Whereas, the importance of book fairs cannot be understated for many of our young people using reading to better know the world around them and use books to help them develop into well-educated adults; and Whereas, one of the most important reasons to encourage reading in our children and young people is that studies show that the more our youth read, the more likely they are to make positive life-style decisions as they grow older; and Whereas, strictly judging by the attendance at the fair, it is a tremendous success, as well over 4,000 people attended the fair in 2005. And if you've never been and you're a mommy, daddy, auntie, uncle or just an adult who loves reading, put it on your schedule and try to get there on Saturday. Whereas, rich or poor, no one leaves empty-handed, as posters, are distributed free of charge to the attendees; and Whereas, the books themselves are priced at a level where they are more affordable than many of our bookstores right here in the region. Whereas, many of the authors and illustrators who are right on site where you can see them up close and personal are in attendance, as well as local celebrities to further enhance the excitement and vibrancy of the book fair. Whereas, one of the esteemed authors in attendance will be Dr. Angelia D. Nelson, who is with us today, who wrote "The Ghetto is Not My Final Destination" to provide young girls around the world with motivating and insightful information to assist them on their journey to securing a brighter future. m. at the gymnasium of the Community College of Philadelphia located at 17th and Spring Garden Street. So get there early. Now, therefore resolved by the City Council of Philadelphia, that we hereby honor the African-American Children's Book Fair and authors Dr. Angelia Nelson and Reverend Tokunbo Adelekan on the occasion of the Annual African-American Children's Book Fair. Further resolved, that an engrossed copy of this resolution be presented to the representatives of the African-American Book Project, Dr. Tokunbo Adelekan, for their good, hard work and efforts in the promotion of children's literacy as evidence of the sincere sentiments of this legislative body, signed by our President Anna C. Verna, introduced by Blondell Reynolds Brown, proudly co-sponsored by all members of the Philadelphia City Council. )
Thank you very much. Thank you, Councilwoman Blondell Reynolds Brown, or she's known around the publishing circles as the "Literary Politician." I'd also like to thank the members of Council, especially President Councilwoman Anna Verna, mi piasi, for allowing the African-American Children's Book Project to present some of our stellar literary talent in the past three years, first Thursday in February, we have brought to your attention some of the literary talent that resides here in Philadelphia. In the past years, we've had illustrators or authors who have written children's books for younger children, I should say. This year, in light of all the violence that has occurred in the past year of 2005, I chose two people who have written books that not only empower, enlighten and enrich our children's lives, but gives them the tools to make it ahead. As Blondell Reynolds Brown, Councilwoman Blondell Reynolds Brown -because I know her so well, I feel like I'm talking to one of my sisters, but she is a stellar politician -- mentioned that I was acknowledged in one of the trade publications as one of the people who make black books. I was the only one who was acknowledged that was a literary publicist, but the reason why I got this real, real simple reason, it is the people here in Philadelphia that have allowed me to pursue my dreams and allowed me to live my passion. These are some book-buying and book-reading folks here in Philadelphia. So I hope that you in Council will come out and support the African-American Children's Book Fair. It is the 14th, can you imagine, the 14th Annual African-American Children's Book Fair, and see the rich tradition of African-American illustrators and authors from around the country and also the two people who are presented here today. Thank you. I'm going to introduce first Dr. Angelia Nelson. She is a young woman who is not from Philadelphia but has made her home here in Philadelphia working with the Dawn Staley Foundation. She has written a book that, as I mentioned, gives young women the tools to empower lives, as she says, "The Ghetto is Not My Final Destination," and she'll make some short, brief remarks. (Applause.)
Good morning. Let me first give honor to God for allowing me to be here today and to have this opportunity to partake in such a special occasion. I also want to give thanks to Mayor Street and all the Councilmembers for presenting us with this citation and recognizing the work that we do -- that I'm doing, actually, as it relates to the book that I wrote, "The Ghetto is Not My Final Destination," and for the past ten years, I've had the pleasure of working with Dawn Staley developing her program, her foundation that works very closely with inner city children, specifically girls. And that really had inspired me to write the book, alongside my own personal story. And this book is actually to be to give words of encouragement and hope to our young women who strive to live and dream their boldest dream. I hope that they embrace it in such a way that it will help them on their journey towards living their best life. Again, thank you so much. Peace and blessings to you all. And we hope that you come out to the African-American Book Fair, because it truly is something awesome, and my publicist, Vanesse Lloyd Sgambati, is truly passionate about what she does. Again, we would love to see you on Saturday at the Community College. Peace and blessings. (Applause.)
Thank you so much. But she wasn't picked because I worked with her. She was picked because it was a great book to have her participate. The final person who is being Pastor Tokunbo Adelekan, and also with him are members of his church, and in the audience, if you would please stand, the publisher of Judson Press is here also today -(Applause.)
-- which is really, really a wonderful imprint that has done some phenomenal publishing of christian literature.
For all those that are gathered for this gathering, convened for this convocation and assembled for this assembly, we greet you in the name of our Lord and Savior Jesus Christ. We greet you in the creator, in the name of the creator, in the name of the community and of the city and of the church. Greetings to all of you. As we say in Nigeria where I'm from, baoni (ph). It is truly an honor to be here today to be honored in this way. We opportunity. I'm a preacher of the unsearchable riches of Jesus Christ and so I want to give honor where honor is due. But in Nigeria where I'm from there's a proverb that says that people are the clothes that you wear. People are the clothes that you wear. And any author knows that without the readership that opens up the pages of your books and reads them, you will be nowhere. So I thank God for this City. I also thank God for the members of Minavale (ph) Tabernacle Baptist Church who are here today in support of their pastor. I thank God for members of Palmer Theological Seminary, where I serve as Professor of Theology and Ethics. To the national ministries and to Judson Press, I thank you. I thank you. I thank you. I also want to say finally that this is African-American History Month and we are learning through our studies African-American history, we celebrate the cosmopolitanism of the human family. So when we look back to celebrate where we've come, we also celebrate the grand people culture that make up the world culture that make up the City of Philadelphia. We are in a global age, and we thank God for the many aspects of the human family that make up what Martin Luther King, Jr. called the beloved community. Again, we say thank you for your readership and we thank you for your support. (Applause.)
I will be remiss if I did not thank Councilwoman Blondell Reynolds Brown for all of her support and presenting us with this citation and also for supporting the Dawn Staley Foundation. I really appreciate that. I have to get that in.
The next order of business is 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.
To the President and members of the Council of the City of Philadelphia, I am transmitting herewith for the introduction and consideration of your honorable body two resolutions appointing a member to the Board of Directors of the Philadelphia Municipal Authority; namely, Al Childs, term to expire January 1, 2007, and Daniel Anders, term to expire January 1, 2010; and An ordinance approving the third amendment of the redevelopment proposal for the 45th and Sansom Urban Area; and An ordinance amending Section 2 of an ordinance, Bill No. 040763, approved October 27, 2004, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 187"; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 143; and An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 105-09 Reed Street; and An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located in an area bounded by I-95 Expressway, Island Avenue and the Philadelphia International Airport; and An ordinance authorizing Evangelisioni of the Theotokus Greek Orthodox Church to construct, operate and maintain an existing raised platform, providing ingress and egress from the church.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction.
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 please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution providing for the re-establishment of the Veterans Advisory Commission and for the appointment of the members thereof, and defining the Commission's powers and duties.
I move the adoption of the resolution. (Duly seconded.)
I'm sorry. I don't think I heard a second. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution welcoming and thanking the Professional Convention Management Association for choosing Philadelphia to host their 50th Annual Meeting.
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 indicate by saying aye. (Aye.)
And a resolution authorizing City Council's Legislative Oversight Committee to hold public hearings on implementing a training program designed to equip all City officials and employees with the ethics knowledge needed to make better decisions and take appropriate action.
Madam President, I move that that resolution be referred to the appropriate committee. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution will be referred to the Legislative Oversight Committee.
And a resolution recognizing Paul Hewson, known to the world as Bono, for his charitable work and activism aimed at reducing global poverty and improving world health, and furthermore urging the Region Nobel Committee to award Bono with the 2006 Nobel Peace Prize.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution congratulating the 1960 Philadelphia Eagles on their induction into the Philadelphia Sports Hall of Fame.
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 please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce three bills and one resolution on my behalf and one resolution and three bills on your behalf.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by I-95, Island Avenue and also the Philadelphia International Airport.
The bill will be referred to the appropriate committee.
And an ordinance approving the fourth amendment of the redevelopment proposal for the 45th and Sansom Urban Renewal Area.
This bill will be referred to the appropriate committee.
And an ordinance authorizing George Wake, Big George's Diner, to construct, operate and maintain an existing one-story building addition on the north public sidewalk.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 6-103 of The Philadelphia Code, entitled "Penalties and Cease Operations Orders," to authorize the Department of License and Inspection to suspend for up to 120 days the food license of any licensee that receives two or more cease operation orders in any 12-month period.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 30th and 36th Wards of the City of Philadelphia.
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 please say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 6th and 24th Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution appointing Daniel Anders to the Board of Directors of the Philadelphia Municipal Authority.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
I'm sorry. This would have to be referred for a hearing. So that will be referred to the appropriate committee.
And a resolution appointing Al Childs to the Board of Directors of the Philadelphia Municipal Authority.
This resolution will also be referred to the appropriate committee, and the Chair recognizes Councilwoman Krajewski.
Madam President, I have three bills and one resolution.
The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Water Fund.
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the General Fund from certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee.
And a resolution memorializing Council's opposition to the proposed project to expand PGW's Port Richmond Liquefied Natural Gas, LNG, facility into an import terminal facility and expressing Council's intention not to enact any legislation needed to implement that project, and further expressing Council's unqualified opposition to any project that would create an LNG shipping terminal within the City of Philadelphia or that would cause loaded LNG tankers to regularly traverse the Delaware River alongside the City of Philadelphia.
Councilman Clarke, I notice that your light is on. Did you want to be recognized?
Yes, Madam President. Madam President, as you all know, this is an extremely important and complex issue of the creation of the additional LNG plants and traversing of the Delaware by enormous, and I mean enormous, ships. I'm a little concerned about the resolution in that it calls for us to take some action, albeit not necessarily binding, but it is calling for action by this Council, and, frankly speaking, I just don't know enough about this. More often than not, I will be supportive of the District Councilperson on a particular issue, but I just don't know enough about this, and my concern -while I don't want to have my vote be tainted by the movie Syriana, which I saw and it was extremely troubling when I saw that movie and I saw LNG on the side of that boat, and now I see before us a proposal that has LNG on that boat, I don't want that to be the basis for my decision. So I'd like to ask my good friend and the Councilperson, the prime sponsor, and I know that you and Councilman DiCicco were also sponsors, if they can just hold this until we can get a little more information. Actually, ironically, PGW had scheduled a briefing for me 4 o'clock this afternoon prior to -- I'm assuming not knowing that this particular resolution was coming up. So I would like to be able personally to have a little more information so my position on this is not tainted by a movie. So I would ask my good friend and Councilwoman Krajewski if she can hold it at this time until we can get a little more information.
Thank you, Councilman. I see that Councilwoman Brown would also like to be recognized.
Thank you, Madam President. I first need to say that the word "complex" needs to be underscored. This particular measure and potential action I believe raises a magnitude of questions and concerns, including environmental concerns, as well as, from what I am told, a number of legitimate community concerns. So I too have severe reservations with additional LNG being shipped through the City. But one thing I know since I've been here is that this is a body that really prides itself on being fair and giving everyone a chance in court, "in court" being Council hearings, briefings or whatever. So knowing what I know today, I cannot support this, but we need to have, I believe, an open, a broader discussion, if you will, if for no other reason to gain additional accurate current information. I've learned that PGW has a lot of work to do in this area, and if they are going to convince this Council that this is a good idea, which remains questionable, we need to give them a chance to do that. So in the spirit of fairness, we need to give them the opportunity, and I'd simply like to go on record to support the request to hold for now, understanding that we may end up at a different place going forward. I'd like to support Councilman Clarke's request.
Thank you very much. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: I think Councilwoman Krajewski's light was on before mine, I believe.
Out of respect for my colleagues, I'd be willing to hold this. But the culprit here is PGW. Every time I question or any of us question, any questions that come up, the answer is, You must speak to the developer about that. They're not telling me who the developer is. So how can I hold hearings when we don't know who the developer is? Once I know who the developer is, maybe I will call for hearings. And I do appreciate my colleagues wanting to know more about this. The public has a right to know all that's going on with this LNG. It's a serious problem here, and I think the public must know. So out of respect, I'm willing to hold this until we hold hearings once I know who the developer is, but PGW has been dragging their feet time and time again not informing me or any of us who that vendor is. So it's about time that they come out and they state who that vendor is. We have a right to know, and my colleagues, they have a right to know and to question this. So I'll respect that and I'm willing to hold it until further notice. Thank you.
Thank you. And I think we all realize how important this is. And I see that Councilman DiCicco, I'm sorry, you have your light on and I shouldn't be speaking from up here, but it's something that we can't drag our feet on either. Councilwoman Krajewski, I think that we have to obtain the information that we're seeking, and we should try to get it as soon as possible.
Madam President, I have pictures here from the Boston Harbor, and the size of this tanker is the same size as a football field. This is not a small issue.
Well, it's 100 feet. COUNCILMAN DiCICCO: No; 100 yards.
The one in Boston is three football fields. I'm sorry. My staff has been working on this for quite a bit.
As you see, there's condos along that harbor. So this is an issue that has to be brought out to the public, and I agree, but PGW must come up and tell me and this Council who the developer is so we can hold hearings.
Totally agree. Councilman DiCicco, do you still want to be recognized? COUNCILMAN DiCICCO: Yes. Thank you, Madam President. And I totally agree with the comments made by my colleagues. I have a somewhat slight different view of this. I'm not as concerned as to who the developer is or may be. My concern is that as a result of a meeting with my colleague, Councilman Kenney, two, three months ago with representatives of PGW, there's an hysteria out there. There have been leaks, no pun intended, that have gotten out to the community about the seriousness and the safety issues in relationship to these LNG tankers. PGW, in my opinion, has dropped the ball. They now have another opportunity to get out there. I don't necessarily need to know who the developer is. What I need to know and my constituents need to know is what is this product, what impact will it have on their communities. We need to know what other cities have done about this, what their experiences are. That is the way we need to engage the public in this process. Without that information, I can never support the expansion of the LNG facility in Councilwoman Krajewski's district, nor can I ever support these tankers. The idea was or the notion was, well, we can't talk about it because we don't have a contract. Well, a contract is one thing, but if you're entertaining this kind of product and the expansion of the LNG plant, it doesn't matter to me whether it's Mobile, Exxon or Hess or anybody else. The fact of the matter is, they want to expand the facility, and their argument is that this may, may, reduce gas rates for citizens going forward. We need to know what the logistics of this is all about, what the impact will be, what the safety issues are, will our police forces be necessary to provide the safety for these tankers, the Coast Guard and everybody else. Those are the things, in my mind, are more important than who the developer is or the vendor is. So I'm reluctantly willing to go along with the not calling this bill up for a vote today and engage in the public process. Thank you, Madam President.
Thank you. Speaking to Councilwoman Krajewski yesterday, I know that she and her staff members have made numerous phone calls to cities who in fact have gone this route, and they have indicated that we in Philadelphia are in a very unique position because we own PGW and we have a different right and position that many of them had. And I think we have to look at this very, very carefully. Councilwoman Krajewski.
Well, I just wanted to add one other tidbit. The Mayor of Boston sued the federal court to ban the LNG from entering the Boston Harbor, because they were a perfect target for terrorists. But, of course, he lost that case, but he did try.
Well, Councilwoman, you said you're willing to hold this. For the record, would you -
I'll hold the resolution for the time being, but I'm not withdrawing it. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Mariano.
The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 18th, 19th, 23rd, 31st, 37th and 43rd Wards of the City of Philadelphia.
Madam President, I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one resolution, one resolution on your behalf and my behalf and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 10-600 of The Philadelphia Code, entitled "Public Places - Prohibited Conduct," by prohibiting smoking in public places and in the workplace, and providing for penalties, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
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 please say aye. (Aye.)
And a resolution authorizing the Council Committee of the Whole to hold hearings regarding campaign finance reform and public financing of municipal elections.
I move for the adoption of the resolution. (Duly seconded.)
The ayes have it and the resolution will be referred to the Committee of the Whole. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Nutter.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 143 bounded by Arch Street, Conestoga Street, Market Street and 56th Street.
The bill will be referred to the appropriate committee, and the Chair recognizes Councilwoman Brown.
The Chief Clerk will please read the title of the resolution. Councilwoman, do you have one or two resolutions?
Thank you. The Chief Clerk will read the title of the first resolution.
A resolution commending the partnership of Congressman Chaka Fattah, CITGO, the people of Venezuela, Citizens Energy and Energy Coordinating Agency of Philadelphia on their successful efforts to bring low-cost heating oil to the residents of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution honoring the African-American Children's Book Project on the occasion of their Annual African-American Children's Book Fair.
I thank you, Madam President. I move for the adoption, and I would be remiss not to put on the record that Councilman Juan Ramos was a co-sponsor of the preceding resolution.
Thank you. You have moved for the adoption of the resolution just read. Was it seconded? (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer one bill, which I would like to speak on.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 19-201 of The Philadelphia Code, entitled "City Depositories," by revoking the depository status of Wachovia Bank and revising the list of City depositories, under certain terms and conditions.
Thank you, Madam President. In December, this Council unanimously passed two fair lending bills later signed into law by the Mayor. The passer of those bills filed a comprehensive study of lending disparities conducted by the National Community Reinvestment Coalition. The findings were alarming. Wachovia Bank was proven to be three times more likely to deny the American dream of home ownership to black people. Wachovia gave only 18 percent of its home mortgages to African-Americans, while PNC Bank gave almost 39 percent of its home mortgages to African-Americans. Wachovia, 18 percent to blacks; PNC Bank, 39 percent to blacks. Wachovia gave only 30 percent of home mortgages to women, while Citizens Bank gave almost 48 percent of home mortgages to women. Wachovia, 30 percent to women; Citizens Bank, 48 percent to women. Wachovia is actually dragging down the market in terms of fair lending performance. So what does Wachovia decide to do? Instead of trying to improve its lending practices, Wachovia hires a lawyer to sue the City for creating fair lending laws. But there's no need for a legal dispute. This new bill will relieve Wachovia of any City requirements, but it will also relieve Wachovia of any City deposits. I dedicate the bill to the memory of Coretta Scott King, an African-American and a woman who would face double discrimination from Wachovia. Thank you.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Ramos.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer four bills, one of which was co-sponsored by yourself and me, and two resolutions, one was co-sponsored by Councilmembers Kenney and Blondell Reynolds Brown.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled "Use of an Automated Red Light Enforcement System to Prevent Red Light Violations."
The bill will be referred to the appropriate committee.
And an ordinance amending Section 14-1624 of The Philadelphia Code, entitled "North Delaware Avenue Special District Controls."
The bill will be referred to the appropriate committee.
And an ordinance amending Bill No. 040369, which became law June 21st, 2004, as amended, 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 an area of the City of Philadelphia.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 105-09 Reed Street.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 31st and 39th Wards of the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 please indicate by saying aye. (Aye.)
And a resolution calling upon the Philadelphia Historical Commission to maintain the Dilworth House classification as a significant historic building worthy of preservation.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Madam President, I have two bills and two resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 9 of The Philadelphia Code by amending Section 9-203 relating to street vendors and Section 9-205 relating to sidewalk sales.
The bill will be referred to the appropriate committee.
And an ordinance amending Bill No. 990728, approved December 6, 1999, entitled "An ordinance authorizing the Commissioner of Public Property to convey to the Redevelopment Authority certain premises located at 1823 to 35 Callowhill Street.
This bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 14th, 20th and 37th Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 32nd Ward of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees, and the Chair a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee of the Whole, to which was referred Bill No. 051230, entitled "An ordinance dissolving the West Philadelphia Retail Tax Increment Financing District and creating the Park West Tax Increment Financing District," respectfully reports it has considered and amended 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. 051230. (Duly seconded.)
Thank you. 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. 051230. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the bill just read will be placed on our First Reading Calendar for today. The Chair now recognizes report of the Committee on Rules.
Thank you, Madam President. Madam President, the Committee on Rules reports three bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 051104, entitled "An ordinance approving the thirty-fourth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area"; and Bill No. 051232, 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 51st Street"; and Bill No. 051233, entitled "An ordinance approving the second amendment of the redevelopment proposal for the West Parkside Urban Renewal Area," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 051104, 051232 and 051233. (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 Nos. 051104, 051232 and 051233. All in favor will please say (Aye.)
The ayes have it and the bills just read will be placed on our First Reading Calendar for today. At this time, the Chair again recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.
Madam President, the Committee of Public Property and Public Works reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Public Works, to which was referred Bill No. 050505, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to extend the term of a sublease agreement from the Philadelphia Municipal Authority located on the second and third floors of 111 South 15th Street"; and Bill No. 051231, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to convey fee simple title located between 50th and 52nd Streets south of Parkside Avenue for consideration of $400,000 to the West Philadelphia Financial Services, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 050505 and Bill No. 051231. (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 Nos. 050505 and 051231. All in favor will say aye. (Aye.)
The ayes have it and the bills just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilman DiCicco for a report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, on Streets and Services reports seven bills out with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Streets and Services, to which was referred Bill No. 051106, entitled "An ordinance amending Title 12 of The Philadelphia Code, entitled 'Traffic Code' to provide for conditions in enforcement of prohibitions on parking a vehicle if the vehicle is not registered or not displaying a valid registration plate"; and Bill No. 051107, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code by amending limitations on the use of information collected under System"; and Bill No. 051140, entitled "An ordinance authorizing and directing the revision of lines and grades by striking from the City Plan the Industrial Highway from Philadelphia-Delaware County Line to Island Avenue"; and Bill No. 051145, entitled "An ordinance regulating the movement of traffic on Chestnut Street, in particular authorizing right turns to be made from Chestnut Street at certain intersections in Center City Philadelphia"; and Bill No. 051201, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 298 by extending Almatt Place approximately 105 feet"; and Bill No. 051202, entitled "An ordinance authorizing the paving of the extension of Almatt Place, under certain terms and conditions"; and Bill No. 051234, entitled "An ordinance authorizing the revision of a portion of City Plan No. 266 by striking from the City Plan and vacating Jefferson Street and Heston Street, all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading today of the seven bills that have just been read into the record. (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 Nos. 051106, 051107, 051140, 051145, 051201, 051202 and 051234. 2/2/06 - STATED - 1ST READING All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the bills just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar, and the Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 051230, an ordinance dissolving the West Philadelphia Retail Tax Increment Financing District and creating the Park West Tax Increment Financing District.
And Bill No. 051104, an ordinance approving the thirty-fourth amendment of the 2/2/06 - STATED - 1ST READING redevelopment proposal for the Model Cities Urban Renewal Area.
And Bill No. 051232, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Parkside Avenue and 51st Street.
And Bill No. 051233, an ordinance approving the second amendment of the redevelopment proposal for the West Parkside Urban Renewal Area.
And Bill No. 050505, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to extend the term of a sublease agreement with the Philadelphia Municipal 2/2/06 - STATED - 1ST READING Authority.
And Bill No. 051231, an ordinance authorizing the Philadelphia Authority for Industrial Development to convey fee simple title to West Philadelphia Financial Services Institution.
And Bill No. 051106, an ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," to provide for conditions on enforcement, all under certain terms and conditions.
And Bill No. 051107, an ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled "Use of an Automated Red Light Enforcement System to Prevent Red Light 2/2/06 - STATED - 1ST READING Violations."
And Bill No. 051140, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 356 and 378.
And Bill No. 051145, an ordinance regulating the movement of traffic on Chestnut Street, in particular authorizing right turns to be made from Chestnut Street.
And Bill No. 051201, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 298 by extending Almatt Place.
And Bill No. 051202, an ordinance authorizing the paving of the extension of Almatt Place.
And Bill No. 051234, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 266 by striking from the City Plan and vacating Jefferson Street and Heston Street.
The Chair agrees. That completes the First Reading Calendar for today. The Chair now recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no bills on Second Reading and Final Passage today.
The Chair thanks the Councilwoman. Are there any speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I was looking through the paper today and noticed an article that the House approved a $39 billion bill in cuts. I noticed another bill that said students are going to more two-year colleges. But I guess so when you cut costs to the tune of 12.7 billion for college costs and certainly increase the rate of loans that students have to pay. We are really concerned about the cuts in Medicare, 6.4 billion; Medicaid, 4.7 billion. We're concerned about the pension issues, agriculture, the issues for our farmers who won't get paid the money they should, the digital television issues and the whole issue the for the next five years. It's so hard to believe that in year 2006 we're going back to days when -- and I think of Lou this morning when he would get up and brag about AIDS education, Medicaid, Medicare, the difference between the two parties and just always talk about those things that made him proud to be an American and proud to be serving in public life. But let me say that we are glad the vote was tight. It is to the tune of $39 billion. We would like to thank those on both sides of the aisle who voted against this legislation, including our Congresspersons Brady, Fattah, Allyson Schwartz, including Congressman Bob Andrews, Tim Holden and Christopher Smith. I thank you very much, Madam President.
Thank you, Madam President. Madam President, I want to recognize both the hard work and effort by this body in passing a series of bills last year related to contract reform and the effort by the voters of this City in passing such a measure last November with an 87 percent "yes" vote. The City Administration, and I acknowledge the work of Mayor Street and his Administration and one person in particular, who I'll mention in a second, for getting on this issue and being prepared for the February 1st, 2006 implementation date, which was yesterday. The City Administration very smartly started working on this even though while the bill had passed in the spring, the voters had not approved the measure until November, but knowing that it would take a fair amount of time to get the system running, started working last spring into the summer and through the fall to make sure that the City would be ready. There is a new City website for the professional services, and there will be contracts and disclosure forms that went live yesterday. It is www.phila.gov/contracts, and the site went up yesterday. Every now and then, Madam President, while we see all of the great work that any number of us may do here as elected officials or elected officials at the state and federal level, there are people behind the scenes who really do make the government work, and I want to call out special recognition to a person who stepped up, who was not working on this particular project when Council passed it and the Mayor signed it, but decided to take this on as a challenge. Her name is Susan Kresky. She's a member of the Administration, has been in the time. I had never met her and have only come to meet her recently. But she decided to try to take on this massive project to change literally City systems, create new ones to allow us to reform our contract process and opportunities. And so, one, I want to recognize her hard work and all the members of the Administration, thank them for getting on this early and making sure that the February 1st implementation date has been met. Anyone looking for those opportunities for the first time, they will be able to see them whatever is up on the site from yesterday forward, and I think it's a great moment for the City government, and I thank again my colleagues for all of their hard work and support to make sure ultimately this went through and that the citizens of this City can have their confidence restored in how the government functions. Thank you, Madam President.
You're welcome. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Madam President, within the last six months, we have lost three outstanding, dedicated, hard-working women who dedicated themselves to civil rights and justice: Sister Rosa Parks, C. Delores Tucker and then the other day our esteemed Coretta Scott King. She was a woman that I admired greatly because she had the strength and the endurance to carry for nearly 40 years the torch of the legacy so tragically left behind by her husband. Rather than retreating to a private life of domesticity, she publicly and energetically upheld the battle for civil rights and equality among the races, placing herself on the front line of the battle. Her work was always done with grace, strength, dignity and blatant determination, offering a stellar example to myself and other African-American women and people of all colors. The loss of a woman responsible for making such an important impact on our country's history is a profound and irreplaceable one. Our world has truly been dimmed at the burning out of such a bright light. And I ask us to stand for a moment of silence in her memory. (Council stands in silence.)
You're welcome. Are there any other speeches on the part of the Majority? (No response.)
Seeing none, again the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand Thursday, February the 9th at 10:00 a.m., 2006. (Duly seconded.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:55 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on February 2, 2006, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)