COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 15, 2007 10:10 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN CAROL ANN CAMPBELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILMAN DANIEL SAVAGE 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
I am asking for silence so we could start our meeting. Thank you. I note that the hour has come and that a quorum of this Council is present. Council will 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 Reverend James Moore, President of the Black Clergy of Philadelphia. I'm not going to tolerate this noise. We're going to have respect for each other today, and if we don't, we will not go on. The Chair welcomes Reverend James Moore, President of the Black Clergy of Philadelphia and Pastor of the Second Mt. Zion Church. He is here today as the guest of Councilwoman Reynolds Brown. At this time, I would ask all please rise. (Everyone rises.) (Audience yelling.)
I don't think that's funny at all. I really don't. Here we are ready to say a prayer and you're behaving that way. I don't find that amusing. Reverend.
Gracious, wise and eternal God, our father, as we come now to say, Lord, we thank you for this opportunity and for this privilege to serve, we ask that you would draw our minds in and calm our spirits and our anxieties, for we know that you are equal. We thank you for our elected officials and we thank you for the citizens of this city. However, we thank you for calming these spirits. And we realize that we are overwhelmed by the inability to manage the affairs of our lives. So Lord God, we ask for your guidance. We ask for your strength to show us how to manage the imperfections of our mind, of our thoughts and our spirits and even our intentions, for we know that you are able because you've got all power in your hand. And so, Lord God, we put every issue and every concern, we place it into your hands. And we ask that you would strengthen those who would be making decisions. We ask that you would strengthen them for this task and help us to do the best for all people, because we know that you are concerned about humanity. But we realize that humanity has fallen and so we're looking to you to fix whatever needs to be fixed and straighten out things that ought to be straightened. And we'll be careful to give thy name the praise all the days of our lives. In Jesus' name we pray. Amen. (Amen.)
The Reverend Moore for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, March 8, 2007, and the Chair recognizes Councilwoman Blackwell. Councilwoman Blackwell.
Thank you, Madam President. Sorry. It's one of those days. We have too many important issues on our Calendar. Madam President, I move that the Journal of the meeting of Thursday, March 8, 2007 stand approved. (Duly seconded.)
It has been moved and properly seconded that the meeting of Thursday, March 8, 2007 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, March 8, 2007 is approved. The next order of business is requests for leave of absence, and the Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the majority, there are no requests for leaves of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. 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 Councilwoman Tasco, who will present a proclamation designating the month of March 2007 as American Red Cross Month. Will Mr. Tom Foley and those accompanying him please join the Councilwoman at the podium.
Good morning. It gives me great pleasure this morning to present this resolution on behalf of President Verna proclaiming the month of March 2007 as American Red Cross Month. Whereas, the American Red Cross was founded in 1881 by Clara Barton, a woman selfishly devoted to the needs of humanity, and chartered in the City of Philadelphia in 1916; and Whereas, compassion, courage, character, civic duty are inherent in the Red Cross mission to prevent and relieve human suffering and the City of Philadelphia shares these grand ideals; and Whereas, the Red Cross is chartered and authorized by Congress to act in times of need, providing compassionate assistance to people afflicted by personal, local or national disasters; and Whereas, Red Cross volunteers from the Southeastern Pennsylvania Chapter responded to nearly 900 disasters last year, providing thousands of residents with food, clothing, shelter and mental health support; and Whereas, people have counted on the information and skills they need to be safe at home, at work, at school and at play. Last year, the Southeastern Pennsylvania Chapter trained and reached nearly 307,227 people with valuable life-saving information; and Whereas, the American Red Cross reached across more than 84,000 students in the School District last year with some form of health, safety, leadership or disaster education training; and Whereas, the American Red Cross, through its Penn-Jersey Blood Region, provides life-saving blood and blood products whenever and wherever needed. The safety of the blood supply is its number one priority; and Whereas, in 1943, President Franklin Delano Roosevelt called upon the American people with this request: Quote, "that during this month our people rededicate themselves to the splendid aims and activities of the Red Cross," Now, therefore resolved, by the Council of the City of Philadelphia, that we hereby proclaim the month of March 2007 as American Red Cross Month in the City of Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to the American Red Cross as evidence of the respect and admiration of this legislative body for the important work they do in Philadelphia and the Delaware Valley. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 1st day of March 2007, signed President Anna Verna and supported by all members of City Council. (Applause.)
Thank you, you, Councilwoman Tasco. The great Nobel Prize winner Elie Wiesel about 20 years ago said that the greatest commandment, the greatest commandment, is that you shalt not stand idly by. I am joined today by ten of our Red Cross volunteers who honor that commandment and never stand idly by. They were out last night when there were four fires, Madam President, right here in the City of Philadelphia where 50 people, 50 of our citizens, were displaced. They were out doing that 876 times last year, everything from multi-apartment fires to single-family fatal fires. They taught 8,018 classes last year. They worked with our school children all through the School District of Philadelphia. They operate Red Cross House right here in Southwestern Philadelphia to help folks. But at the end of the day, it isn't about those numbers, Madam President, as I know that you know well. like we have from Northwest Philadelphia, a man named Tom Warner. Fifty-six years Tom has been teaching health and safety courses for us. They are about a young man in your district, Angelo Tornetta, Madam President, 16 years old, learned first aid and CPR from the Red Cross and saved an 82-year-old woman from choking. They are about the 81 volunteers from this city who showed up two Saturdays ago and spent their whole Saturday teaching almost 400 teenagers CPR. They did that because a teenager from that high school lost his life in an ice skating rink and he was the only guy in the rink that actually knew CPR. It is about Joseph Jasper Marshall, a 15-year-old Bok Tech student who left his Red Cross club meeting, walked out the front of his school and there was a car accident and this 15-year-old found a person in there not breathing, administered CPR to them and saved their life. when you honor that commandment, it is about much more than the numbers. It is about lives. And I think it's very much -- and I'll finish with this, Madam President -- like Tom Brokaw says about heroes: Heroes are people who rise to the occasion and then they step quietly away. There's a number of those people who rise to the occasion many, many nights in our city, and I thank you for the honor of being with them today and for showing them your recognition. Thank you very much. (Applause.)
The Chair again recognizes Councilwoman Tasco, who will present a resolution recognizing the 110th birthday anniversary of Marian Anderson. Would Mrs. Blanche Burton-Lyles please join the Councilwoman at the podium. Is Blanche here?
Thank you, Madam President. Good morning. I gladly and happily present this resolution recognizing the 110th birthday of Marian Anderson. Whereas, the City Council of Philadelphia is pleased to honor and celebrate the birth of one of the City's treasures, Contralto, Ms. Marian Anderson; and Whereas, we also celebrate the expansion of the Marian Anderson Society and the dedication and hard work of its founder, Blanche Burton-Lyles; and Whereas, the Marian Anderson Society is a living monument to the extraordinary life of Ms. Anderson by the Residence Museum, which is filled with memorabilia, books, rare photos and films of the late singer's life; and Whereas, the programs featured by the Marian Anderson Historical Society, Inc. promote values of excellence, discipline, integrity and professionalism in the vocal arts, with special emphasis on youth; and Whereas, their motto "Charting the Course of Education Through Music" is an inspiration which exemplifies excellence and integrity in all things; and Whereas, we honor Marian Anderson not only on the anniversary of her birth but for every day, for she was a citizen of the world, a noble humanitarian and a heart-stopping artist. Now therefore resolved, by the Council of the City of Philadelphia, that we hereby recognize the 110th anniversary of Marian Anderson's birth and the Anderson Historical Society and celebrate her contributions and memories. Further resolved, that an engrossed copy of this resolution be presented to the Marian Anderson Historical Society as evidence of the sincere sentiments of this legislative body. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 15th day of February 2007 and supported by all members of City Council. And I apologize to Councilwoman Brown. She's also a co-sponsor of this resolution. We thank you for your leadership and all the hard work you do for the Marian Anderson Society. (Applause.)
Thank you so very, very much, Council President Anna Verna and to all assembled. It is a great honor to be here and for your honor of celebrating Marian Anderson's 110th birthday. We had had a concert at the Union Baptist Church and on Easter Sunday we're inviting all of you, there's enough room, to come to a concert at 3:30 in the afternoon. We are honoring her historic Lincoln Memorial concert in Washington. It will be here in Philadelphia. And come visit the residents. It's a joy to be able to work with this great lady whom I knew all of my life and who recommended me to the Curtis Institute of Music. Thank you all and God bless you. (Applause.)
The Chair now recognizes Councilman Kelly, who will present a resolution recognizing Dr. John J. Mulhern. Will Dr. Mulhern and those accompanying him please join the Councilman at the podium.
Thank you, Madam President. I would just like to take this time to say that it's an honor for me to recognize someone who has done such a brilliant job for so many years, this Dr. Mulhern. This is a resolution recognizing, honoring, celebrating and thanking Dr. John J. Mulhern for his 15 years of extraordinary commitment in training leaders for all levels of public service at the University of Pennsylvania Fels Institute of Government. Whereas, on July 1, 1991, Dr. John J. Mulhern joined the faculty at the University of Pennsylvania Fels and, through his 15 years of service, has played an integral role in making Fels the distinguished academic institution it is today; and
Whereas, throughout his tenure, Dr. Mulhern has held numerous leadership positions within the Fels Institute of Government, including Senior Lecturer and Research Associate; Director of the Fels Center of Government and Senior Lecturer; Director of the Master of Government Administration Program and Senior Lecturer; Director of Professional Education and Senior Lecturer; Director of Professional Education and Adjunct Associate Professor of Classical Studies and Government Administration; and Whereas, Dr. Mulhern has served as an academic advisor, mentor and friend to countless students, including numerous Philadelphia City Council staff members while they were completing their Master at the Fels Institute of Government; and Whereas, Dr. Mulhern created a program of study that emphasized the strong continuing connections amongst classical studies, modern politics and practical solutions to pressing public problems.
Whereas, Dr. Mulhern was instrumental in creating and launching the Fels Institute of Government five-course certificate programs in Public Finance, Politics, Non-Profit Administration, and Economic Development and Growth; and Whereas, Dr. Mulhern has been a driving force in promoting executive education, student recruitment and graduate job placement; and Whereas, Dr. Mulhern revitalized the Fels Institute of Government's relationship with several distinguished international programs, including the Fulbright Program and the Bank; and Whereas, Dr. Mulhern, through hard work and unwavering commitment to the education of public servants, has earned respect and admiration from his colleagues and students. Now therefore be it resolved, by the Council of the City of Philadelphia, that it hereby recognizes, honors, celebrates and thanks Dr. John J. Mulhern for his 15 years of extraordinary commitment in training leaders for all levels of public service at the University of Pennsylvania Fels Institute of Government. Further resolved, that an engrossed copy of this resolution be presented to Dr. John J. Mulhern as evidence of the sincere appreciation of this legislative body. It is signed by the Council President and is also signed by all members of Council. (Applause.)
Thank you. Thank you especially to Councilman Kelly, Councilman Kenney, Councilman Savage. I am honored and the Fels Institute of Government is honored by this resolution from the body which has included many people from both sides of the aisle whom I have known and admired over the years even before I came to Fels. Ed Schwartz, Lucien Blackwell, the other Jack Kelly, Thatcher Longstreth are the ones that come most immediately to mind from these pre-Fels days, although it didn't end there. Council President Verna and I met at a conference in Newport in the early 1990s as we were trying to find a new use for the Philadelphia Naval Ship Yard. I think that there has been a great deal of progress in bringing ship building back to Philadelphia since then. In recent years, we have been delighted to have Councilwoman Blackwell visit Fels and, of course, Councilman Kenney, who teaches regularly at Fels. It has been our pleasure at Fels to provide many members of Council with our fine students and graduates as interns and staff members. We have three of these Fels people here today: Holly Maher, John Cerrone and Carly Bolger. In some cases, the children of Councilmembers have been students at Fels. For example, John Fernandez, the son of Happy Fernandez. And at least one Council parent has been launched from Fels as well, Mayor Goode, who was back to speak at Fels several weeks ago. Our relation with Council has been very important to us at Fels and we look forward to a bright future for it. Since this event was announced, some of our graduates have been concerned that this might be a career-ending episode for me. After all, recognition sometimes comes with a past to nowhere. Some of them may have been more concerned than otherwise because today is the Ides of March was, as you may remember, Julius Caesar's last public appearance. I want to assure everyone, though, that there is no Brutus in the audience today, that this recognition is not the end of the affair and that I plan to continue preparing students for positions in Council and for other important roles in government for some time to come. And I want to thank my colleagues and friends from Fels and my daughter, Helen, who came down from New York this morning, for being with us today. Thank you again.
The next order of business is communications. The Chair requests that the 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 pleased to advise you that on March 15, 2007, I signed all of the bills that were passed by Council at its session on March 1, 2007, except 060576-A; and To the President and members of the Council of the City of Philadelphia, I am herewith returning to you as disapproved Bill No. 060576-A, which would place before the electorate this May a ballot question; and I am transmitting for the consideration of your honorable body an ordinance authorizing the Trustees of the University of Pennsylvania, University of Pennsylvania Health System, to construct and maintain a pedestrian bridge over and across Convention Avenue.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration 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 will please indicate by saying aye. (Aye.)
The motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two bills, one on --
Excuse me. The noise level is much too high. Councilwoman Blackwell.
Thank you. Today I introduce two bills, one on your behalf and one on my behalf.
Thank you. The Chief Clerk will please read the title of the bills.
An ordinance authorizing the Trustees of the University of Pennsylvania, 3400 Spruce Street, to construct and maintain a pedestrian bridge over and across Convention Avenue.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Ilker Ugar, owner of the Divan Turkish Kitchen and owner of the property 918 South 22nd Street, to operate and maintain an open-air sidewalk cafe.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer one resolution.
The Chief Clerk will please read the title of the resolution.
A resolution honoring Aramingo Diner on its 50th anniversary.
It has been moved and properly seconded that the resolution be adopted. All in favor will please signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have two resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance establishing a neighborhood improvement district in an area that generally includes both sides of Germantown Avenue from 6300 to 7631 and certain blocks of streets that intersect that portion of Germantown Avenue.
The bill will be referred to the appropriate committee.
And a resolution approving a final plan for the proposed Mount Airy Business Improvement District.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution commemorating April 21, 2007 as National Youth Service Day in Philadelphia and recognizing the host, Greater Philadelphia Cares.
Again, the Chair recognizes Councilwoman Miller.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Savage.
Thank you, Madam President. I have no bills or resolutions for today.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. No bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions today.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Ramos.
Thank you, Madam President. No bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Campbell.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 6 of The Philadelphia Code, entitled "Health Code," by providing that all persons engaged in the preparation of food and especially those in the fast food establishments shall wear protective gloves and wear a suitable head covering or hair restraint to protect the food from contamination.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Before the Clerk reads the title of the resolution, Councilwoman Miller, one of your resolutions was to be referred to a committee.
It will be noted for the record that it will be referred, I believe, to the Committee on Rules.
Thank you. The Chief Clerk will please read the title of the resolution introduced by Councilman O'Neill.
A resolution recognizing the week of April 15th through April 22nd, 2007 as the Annual Remembrance of the Six Million Jewish Martyrs Who Perished During the Holocaust.
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 Clarke.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance granting permission to Nitin Desai, owner and operator of the newsstand located on the northwest corner of 18th and Arch Streets.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Chunho Won, owner and operator of the newsstand located at 18th and Market Streets.
This bill will be referred to the appropriate committee.
And an ordinance granting permission to Asia Alnawsreh, owner and operator of the newsstand located on the southwest corner of Broad and Spring Garden Streets.
The bill will be referred to the appropriate committee, and the Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees, and the Chair at this time recognizes Councilman Clarke for a report from the Committee on Rules.
Madam President, the Committee on Rules reports 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 on Rules, to which was referred Bill No. 060957, entitled "An ordinance approving the Municipal Statement of Revival of the Frankford Special Services District of Philadelphia and authorizing the filing of such statement with the Secretary of the Commonwealth of Pennsylvania for the purpose of retroactively reviving and extending the term of the district, 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. The Chair recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended this day as to permit first reading this day of Bill No. 060957. (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 the bill just reported from committee. All in favor will say 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 Councilwoman Krajewski for a report from the Committee on Appropriations.
Madam President, the Committee on Appropriations reports three bills out with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia, the Committee on Appropriations, to which was referred Bill No. 070121, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Housing Fund to certain or all City offices, departments, boards and commissions"; and Bill No. 070122, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Aviation Fund to certain or all City offices, departments, boards and commissions"; and Bill No. 070123, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2007 from the General Fund and from the Grants Revenue Fund to the General Fund, certain or all City offices, departments, boards commissions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Krajewski.
I move that the rules of Council be suspended so as to permit first reading of Bill Nos. 070121, 070122 and 070123. (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 the bills just reported from committee. All in favor will 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 Chair now recognizes Councilwoman Reynolds Brown for a report from the Committee on Parks, Recreation and Cultural Affairs.
Thank you, Madam President. The Committee on Parks, Recreation and Cultural Affairs reports 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 on Parks, Recreation and Cultural Affairs, to which was referred Bill No. 070077, entitled "An ordinance authorizing the President of Fairmount Park Commission to enter into a lease agreement between the City and the Center City District as tenant," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 070077. (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 the bill just reported from committee. All in favor will say 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 Councilman Goode for a report from the Committee on Commerce and Economic Development.
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.
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. 060226, entitled "An ordinance amending Title 17 of The Philadelphia Code, entitled 'Contracts Procurement,' by adding a Chapter providing for the development of and setting forth provisions relating to Economic Opportunity Plans in connection with certain City contracts and projects, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 060226. (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 the reported from committee. All in favor will please say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. Council will now proceed under a special order of business to the reconsideration of Bill No. 060576-A. This bill was passed by City Council at its March 1, 2007 session and was returned disapproved by the Mayor at today's session of Council. At this time, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that Council reconsider Bill No. 060576-A, which was approved by Council on March 1, 2007. (Duly seconded.)
All in favor let it be known by saying aye. (Aye.)
The motion carries. Council will now consider the vote by which Bill No. 060576-A was passed. I would ask the Chief Clerk to please read the title of the bill.
Bill No. 060576-A, an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Article VIII, Chapter 5 of the Philadelphia Home Rule Charter, entitled 'Referenda Approved by the Voters,' by adding a new section calling on the citizens of Philadelphia to urge the Philadelphia Board of Revision of Taxes its current method of real estate tax assessment and not change the method as proposed under the BRT's Full Valuation Initiative; fixing the date of a special election for such purpose; authorizing the appropriate officers to publish notice and to make arrangements for the special election.
This bill having been read on two different days was duly approved by City Council on March 1, 2007 and was returned to Council by the Mayor as disapproved at today's session of Council. The question is shall Bill No. 060576-A pass notwithstanding the Mayor's disapproval. Please note that a vote of aye is a vote to override the Mayor's veto and a vote of no is to sustain the Mayor's veto. At this time, I would ask the Chief Clerk to please call the roll.
Aye. The ayes are 17; the nays are zero. Two-thirds majority of all members of Council having voted in the affirmative, 3/15/07 - STATED - 1ST READING the Mayor's veto is overridden. The next order of business will be the consideration of the Calendar. I would ask the Chief Clerk to please read the bills on the First Reading Calendar.
Bill No. 060957, an ordinance approving the Municipal Statement of Revival for the Frankford Special Services District of Philadelphia and authorizing the filing of such statement with the Secretary of the Commonwealth of Pennsylvania.
And Bill No. 070121, an ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Housing Fund to certain or all City offices, departments, boards and commissions.
And Bill No. 070122, an ordinance authorizing 3/15/07 - STATED - 1ST READING transfers in appropriations for Fiscal Year 2007 within the Aviation Fund.
And Bill No. 070123, an ordinance authorizing transfers in appropriations for Fiscal Year 2007 from the General Fund.
And Bill No. 070077, an ordinance authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park to enter into a lease agreement between the City of Philadelphia as landlord and Center City District as tenant.
And Bill No. 060226, an ordinance amending Title 17 of the Philadelphia Code, entitled "Contracts and Procurement," by adding a 3/15/07 - STATED - 2ND READING Chapter providing for the development of and setting forth provisions relating to Economic Opportunity Plans.
The Chair agrees, and that completes our First Reading Calendar for today. At this time, the Chair 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 our Calendar starts on . Bill No. 060902-A is to be further amended. We will consider the next bill, Bill No. 070016-A. Following those pages we will go to where Bill No. 060901-A will be amended. And, finally, on , the last page of today's Calendar, we will consider Bill Nos. 070051, 113 and 112. All other bills are being held.
Thank you very much. 3/15/07 - STATED - 2ND READING If there are no objections, since we have so many visitors with us today, I would like to consider both Resolution No. 070113 and Bill No. 070112 first. So at this time, I would -- and I would remind my colleagues that the resolution requires a two-thirds vote of all members of Council. I would ask the Chief Clerk to please read the title of Resolution No. 070113.
A resolution submitting to the electors of the City, on an election date to be designated by ordinance, an amendment to the Philadelphia Home Rule Charter relating to the location of licensed gaming facilities within the City, as proposed by a petition filed with the Council.
Thank you. The Chair recognizes Councilwoman Blackwell. 3/15/07 - STATED - 2ND READING
Thank you, Madam President. I'd like to be recognized on this bill and ask if the bill sponsor, Councilman DiCicco, would permit interrogation. COUNCILMAN DiCICCO: Yes.
Thank you, Madam President. I wanted to raise this issue because for the last week, I think, the majority of Councilmembers have been talking to one another and to everyone else who is here both within the gates and without about what we should do. It seems to me that all of us agree on issues going to the ballot. I thank my colleagues for the override with regard to full tax valuation, and, as you know, this Council has agreed on a "bring the troops home" legislation to go on the ballot with regard to the Iraq War, and we are considering the whole issue of 3/15/07 - STATED - 2ND READING asking the PUC to deny a rate increase for PGW. So we're there on asking the public to consider any issues that we deal with. They're the people who elect us and they're the people who have a right to make those decisions. It seems to me that -(Applause.)
It seems to me, Madam President, the complication occurred because most people seem to support the -- I support casino gambling because I don't support an increase in taxes. So we've got to have money coming to the City in some way. (Applause and boos.)
Having said that, the issue seems to be that we haven't been able to split the baby. A lot of people support the issue of the SugarHouse above Spring Garden Street but understand that the issue of the other location, Foxwoods, has been the problem. As the -3/15/07 - STATED - 2ND READING (Applause and boos.)
As the widow of a longshoreman and a former union President from the International Longshoreman's Association, obviously I understand the issue and have been approached by most people here. My question to the bill sponsor is, it seems to me that the issue has been splitting the locations and the issue of 1,500 feet in the question. So my question to him specifically is, is there any way we could work out these issues or do we have to proceed today? Is there something we can do to all move forward so there are not so many conflicts and that everyone could be on the same page? COUNCILMAN DiCICCO: Thank you.
Councilman, just a moment, please. We will have silence. Please proceed. COUNCILMAN DiCICCO: Thank you, 3/15/07 - STATED - 2ND READING Madam President, and thank you, Councilwoman Blackwell, for your comments. I think I've earned a reputation in this Council for the past 11 years as someone who is reasonable, someone who tries to find that middle ground. To accommodate your request at this time would not -- I cannot accommodate that, and the reason for that is, this is very time sensitive. This is a time-sensitive issue. If we don't get this referendum on the ballot in the primary election, the time with the appeals that have been filed by numerous civic associations and others, including this City Council, as to the process that got us here in the first place probably would have been exhausted. That means that at some point between now and late summer the Gaming Control Commission Board, which gave us this problem in the first place, will have already issued the licenses to the two sites that have been 3/15/07 - STATED - 2ND READING awarded the casinos, meaning Foxwoods and the SugarHouse, and if we allow that to happen, we in City Council, the elected officials in this room who are the voice of the citizens of Philadelphia, will have then further denied the residents of this city an opportunity to be heard. ) COUNCILMAN DiCICCO: Our state -- as you know, numerous meetings were held in this Chambers regarding this issue. I've been on the road for 16 months with my legislative assistant meeting with various civic associations. Yes, they are in my district. This is beyond a district issue. This is a matter that will affect the City of Philadelphia for decades to come. ) COUNCILMAN DiCICCO: And I understand the issues on both sides. I've been pro development. I was the author of the ten-year tax abatement that 3/15/07 - STATED - 2ND READING created millions of hours of construction jobs in this City, and I continue to fight for that in spite of my political detractors who have tried to derail that. I supported the Comcast building. I supported stadiums, as all of us did. I support Convention Center expansion. But I think it's time that someone stands up for the folks in this city and says to our state lawmakers, who basically silenced us, all of us, including me and the other 16 members of this body, by enacting a bill at 2 o'clock in the morning on July 4th, '04 without giving any of us in the City of Philadelphia, not a single person in the City of Philadelphia but for the state lawmakers, an opportunity to speak on this issue. ) COUNCILMAN DiCICCO: We were denied the opportunity to be part of a process, whether you're for casinos or against casinos. Everyone in this room 3/15/07 - STATED - 2ND READING who is a Philadelphia resident, who is a voter in this city and those who are listening to us today and many other folks who have been engaged in this discussion will at least have the opportunity to be heard on May 15th. It may be voted up; it may be voted down. We are the last line of defense. We shouldn't take the position to silence the people who put us in office as our state lawmakers did in 2004. ) COUNCILMAN DiCICCO: So a long answer to your very short question, I apologize, but I think it needs to be understood. There are four civic associations that have raised $80,000 to hire counsel to appeal the Gaming Board's decision to grant these two sites. There are other lawsuits that are pending as well. Queen Village Civic Association put $20,000 in that pot. Society Hill Civic Association put $20,000 into that 3/15/07 - STATED - 2ND READING pot. Whitman Council put $20,000. And Pennsport, whose President is one of the biggest union leaders in the City of Philadelphia, saw fit to put $20,000 on the table to fight these casinos as well. ) COUNCILMAN DiCICCO: For me it's an issue of siting, not so much of an issue of whether casinos are good or evil.
) COUNCILMAN DiCICCO: So I would respectfully decline to take the offer to table this until after the May primary. It needs to go forward now. Thank you. )
We'll wait. Councilwoman Blackwell, your light was on. Did you still want to be recognized?
Thank you, Madam President. We thank my colleague. I never 3/15/07 - STATED - 2ND READING requested that we table it until after the primary. I only asked if we would consider holding it today. I've heard my colleague's response. I thank him very much. Thank you, Madam President.
You're welcome. Again, I will repeat, since Resolution No. 070113 is a Charter change to the Home Rule Charter, it requires a two-thirds vote majority. At this time, I would ask the Chief Clerk to please call the roll.
Councilman 3/15/07 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
Councilwoman 3/15/07 - STATED - 2ND READING Reynolds Brown. (Applause.)
We're not finished with the vote. (Audience yelling.)
We're not finished and I -- may I have your attention, please. We're not finished with the vote and there's a bill accompanying this. So I would ask you all, please give us the respect we're giving you. Please continue with the note.
Aye. The ayes are 17; the nays are zero. (Applause.)
I would ask the Chief Clerk to please read the title of Bill No. 070112.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of a proposed amendment to the Philadelphia Home Rule Charter relating to the location of licensed gaming facilities within the City, as proposed by a petition presented to the Council and approved for submission to the electors by resolution and to make arrangements for the special election.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 3/15/07 - STATED - 2ND READING call the roll.
Aye. 3/15/07 - STATED - 2ND READING The ayes are 17; the nays are zero. (Applause.)
Please, we still have business to conduct. I thought I was giving you the courtesy of listening to the two bills before we heard any of our other bills. If you want to leave now, do so quietly so that we can continue on with our business. (Pause.)
I would ask the Chief Clerk to please read the title of Bill No. 060902-A.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-200, entitled 'Residential Districts,' by adopting a new Section 14-217, entitled 'Industrial Transformation District.'
Thank you, 3/15/07 - STATED - 2ND READING Madam President. Madam President, this is one of two amendments we will have for these two companion bills. (Pause.)
I think our guests have left, so, Councilman, would you repeat what you said, because they were kind of noisy leaving.
Madam President, this is one of two amendments that we will have for these companion bills. This Bill 902-A we are deleting Section 2 in its entirety. Portions of this section will be moved to the companion bill with the later amendment. I think these amendments have been circulated, so I would like to ask for an adoption of the amendment to Bill No. 060902-A. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. 3/15/07 - STATED - 2ND READING Councilman Clarke, I assume that the amendments have been circulated.
The ayes have it and the motion carries. The Chief Clerk will please read the title of Bill No. 070016-A.
An ordinance amending Title 11 of The Philadelphia Code, entitled "Streets," by prohibiting the construction or establishment of curb cuts for vehicular access to certain shopping areas, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill 3/15/07 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 060901.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Girard Avenue, Pennsylvania Avenue and 32nd Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. Oh, I'm sorry. Councilman Clarke, you want to offer an amendment?
Yes, Madam President. Madam President, the language in this amendment is similar to the 3/15/07 - STATED - 2ND READING language that was in the bill that we just deleted, that section. It essentially lays out the community benefits agreement as a result of the creation of this master plan. There is an additional attachment that will be circulated that actually talks about the Memorandum of Understanding that was crafted at an earlier date by the community, and I will make sure that all of the Councilmembers get that before the day is out or actually before we leave here today, but the amendment itself has in fact been circulated. So I ask for an adoption of the amendment to Bill No. 060901. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will please say aye. (Aye.)
Those 3/15/07 - STATED - 2ND READING opposed? (No response.)
Did I hear a no? All in favor will say aye. (Aye.)
The ayes have it and the amendment is adopted. I believe our next and final bill is Bill No. 070051.
An ordinance amending Section 14-1611 of The Philadelphia Code by amending certain provisions of the Special Height Control District for Benjamin Franklin Parkway, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. 3/15/07 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. That completes our Calendar for today. Are there any speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam -
I'm sorry. Excuse me, Councilman DiCicco. DiCICCO: I'll yield.
Thank you. You'll yield. The Chair recognizes Councilman Kelly.
Councilman, you're having a good day. I'm going to leave it at that. Madam President, I'd like to make two points. And, one, the first one, I'm urging both sides of the current labor dispute at Community College to settle their differences and resume the great service they provide our citizens, especially our young students. It is too important an institution to see disrupted and not working. So I urge both sides to get together and settle that dispute. And on a lighter note, I would like to take this opportunity to wish everyone a safe and happy St. Patrick's Day this coming weekend. Thank you.
Thank you. Same to you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. First, let me thank my colleague, Councilman Kelly, for the Irish potatoes. Thank you. I just want to be very brief. It's been a long several months of meetings, discussions, and I know a lot of you in this room were having some difficulty with the casino bills that we passed today. I know the pressure that you were under. I understand that. I've been under it a few times myself. But I just wanted to take this opportunity to publicly thank all of you for supporting it. You have my word, assuming I don't get knocked off the ballot tomorrow, that going forward during this campaign between now and May 15th, I will remind everybody I meet, every civic to, of the support that was given to me by this City Council, and I really do appreciate your courage in voting in favor of these bills. So thank you again. Thank you, Madam President.
You're welcome. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I, too, would like to thank Councilman Kelly for our Irish potatoes and I would also always thank -this is a wonderful Council, and thanks for all the support that you continue to show, and a special thank you for West Philadelphia High School this week. Many of you came and many of you sent representatives. And we certainly wanted to say that we will keep Council informed about all that we and the Education Committee are doing to move that situation forward. Thank you for the
You're welcome. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I have two comments on two different issues, and I will be brief on both. But I'd like to talk about the editorial today in the Daily News entitled "No Joy in Mortgage Bill." The editorial focuses on the meltdown of the subprime mortgage industry and predatory lending. In 2000, this Council held hearings and passed legislation in an effort to call attention and action to address predatory lending and high interest rates of subprime lending. We lost on the legislation. However, we did call attention to these ills, as I campaigned around this country through the National League of Cities. Philadelphia rose to the occasion to increasing the number of counseling agencies in the City, developing the PHIL Loan and Mini PHIL Loan to assist residents with less than perfect credit. The GPUAC coordinated with the banks to develop alternative products to protect our citizens, and financial education workshops are conducted throughout the City by various elected officials and community organizations. In spite of all of the efforts made to protect our citizens, many still fall prey to predatory lending practices. Next week I will ask my colleagues to support a resolution calling on our Governor and state Legislature to take action on the package of bills before them that would, as the Daily News states, tighten standards and regulate lenders and require more disclosures on loan terms. The National League of Cities is pushing for a closer scrutiny on the hope, Madam President, at some point in time that our citizens will not be subjected to predatory lending or high-cost loans, but the market a few years ago was on the rise and people were loaned money that did not qualify. So we have to still remain vigilant, and we hope the state Legislature will take some action. So I thank you about that.
Madam President, one more comment about another issue.
The current debate here in Philadelphia is about how many police we should hire. 100. The Governor gave the City money for 100. The mayoral candidates range from 500 to a thousand. Our Mayor says that we do not need more police, yet this week the Mayor launched an all-out assault on crime in the 12th District. My comments are not meant to be critical of this action. The people in that community need and deserve this protection. What is puzzling is that if we need more police in a concentrated area to deal with crime and violence, why not more police citywide to provide coverage to all neighborhoods. Thank you very much.
Thank you. Are there any other comments or speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, March 22nd, 2007, 10:00 a.m. (Duly seconded.)
That is the 22nd. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Council will stand adjourned until March the 22nd. Thank you very much. (Stated Meeting adjourned at 11:30 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 March 15, 2007, 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.)