COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 15, 2004 10:20 p.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY 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, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Pastor Millicent Hunter of the Baptist Worship Center. She is here today as the guest of Councilwoman Krajewski. All members and guests will please rise.
Thank you, President Verna. And thank you, City Councilperson Joan Krajewski, the 6th District, the very best Councilperson in the City of Philadelphia. Amen? (Applause.)
Thank you for opportunity to offer this opening blessing for this Legislative Body. Let us bow our heads. Lord, we thank you, first of all, for this beautiful day and the approach of a new season. We pray that you will bless the this Body, this Body who's decisions impact the lives of individuals, of families, of communities, of our City and, thereby, our nation. Guide their thoughts and their ideas that they will be on one accord for the betterment of people. We pray that your blessings will hover over these City. All persons who stand in leadership, may they be guided and directed by your hand. In the you name of Christ we ask these things. Everyone together say amen. (Amen.)
The Chair Reverend Hunter for her 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, April 1, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, April 1, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, April 1, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it the motion carries and the Journal of the meeting of Thursday, April 1, 2004 is approved. The next of order is the request for leave of absence. And again, the Chair recognizes Councilwoman Blackwell.
Thank you, There are no requests for leaves of absence on the part of the Majority.
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.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our Council Session. We appreciate you taking time to join us as we attend the legislative affairs of our City. We certainly invite you to come again. At this time, the Chair recognizes Councilwoman Brown who will present a resolution recognizing the Salvation Army and their culinary job training program. and those accompanying her please join the Councilwoman at the podium.
Honoring the Salvation Army for their culinary job training program known as Soup's On. Whereas, in December of 2000, the Salvation Army launched the Soup's On Program; and Whereas, Soup's On has been designed as a self-supporting program that prepares women and men for careers in food service so they in turn can become self-sufficient; and Whereas, under the direction of our program leader, Arlene Wiggy-Olsen, six students at a time take a 12-week course for four days a week on the art of making delicious soups, sandwiches, and desserts; and Whereas, every week, the students produce approximately 200 gallons of gourmet soup that is sold at a variety of restaurants and stores throughout our Delaware Valley; and Whereas, as a result of the extensive hands-on training through the Soup's Program, the students, many who are transitioning from welfare to work, are able to obtain quality positions in the food service industry; and Whereas, since the program has started, 25 students have graduated from the program, all of whom were placed in well-paying jobs and all of whom are still employed; and Whereas, Soup's On is a model job training program that has provided real results for Philadelphians. Now, therefore, be it resolved by the City Council of Philadelphia that we hereby honor the Salvation Army for their culinary job training program, "Soup's on." Further resolved that an engrossed copy of this resolution be presented to Arlene Wiggy-Olsen for her hard work, dedication, and efforts to improve the lives of her students as evidence of the sincere sentiments of this Legislative Body. Introduced by myself, Blondell Reynolds Brown, and signed by all Members of Congratulations. (Applause.)
She's asked me just to say a few words. We just want to express our appreciation to City Council this morning for your acknowledgment of our project. We just would like to mention to you that this is an initiative that the Salvation Army undertook to transition individuals into employment in the culinary arts field here in the City of Philadelphia. We decided to approach the transition from welfare into full employment by designing it to be a private initiative that is funded through the sale of wholesale soups and is funded through the provision of catering services. We're into our fourth year. It's been somewhat challenging, as you can imagine with any initiative of this type. But the good news is that we have 96 percent retention of individuals in the employment field here in and around the City of Philadelphia. And we would ask you if you have any outlets for the purchasing of soup to contact us. Or if you are in need of catering services, we would accept that as well. We are glad to be in partnership with the City of Philadelphia. And a lot of our initiatives in the areas of provision of shelter services to daycare services to youth care and after school care activities. And it was 125 years ago this year that the Salvation Army started its work in the country at Fourth and Oxford Streets. And today the Salvation Army is represented in 9,000 communities across the country. So we have a deep affection for the City of Philadelphia and its relationship to the founding of the Salvation Army in this country. Thank you. (Applause.)
Thank you very much. Council will be at ease. (Council at ease.)
At this time the Chair recognizes Councilman Clarke who will present a resolution recognizing Medical Laboratory Professionals Week. Will Ms. Linda Mossup (ph) and those accompanying her please join the Councilman at the podium. Councilman.
Thank you, Madam President. Madam President, this morning I'd like to proclaim April 18 through the 24th, 2004, as Medical Laboratory Professionals Week in Philadelphia. Whereas professionals who practice in the medical laboratory, including pathologists, medical technologist, cytotechnologists, histotechologists, medical laboratory technicians, histologic technicians, and phlebotomists, are invaluable members of the patient's healthcare team; and Whereas, these well-educated and highly-trained health professions who perform tests to detect, diagnose, monitor treatment, and help prevent diseases, save countless lives each day; and Whereas, their dedication to quality medical testing and exceptional patient care is demonstrated daily in thousands laboratories and well-being; and Whereas, laboratory medicine is an honorable profession, vital to sustaining a high standard of healthcare; now therefore Resolved, by the Council of the City of Philadelphia, that April 18 through 24, 2004, be proclaimed as Medical Laboratory Week in the City of Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to the employees of Hahnemann University Hospital. Sponsored by all Members of Council. Thank you very much. (Applause.)
On behalf of the University Hospital, I would like to thank Mayor John street, Councilman Darrell Clarke and City Council for declaring April 18 to 24 as Medical Laboratory Week in the great City of Philadelphia. It is a tremendous honor to receive this recognition for the laboratory work performed by the Hahnemann employees who are dedicated to performing quality medical care for our community. Thank you. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
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. THE
To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on April 7, 2004, I signed Bill No. 040138, passed by Council at its Session on April 1, 2004. And I am transmitting herewith for the introduction and consideration of your Honorable Body a proposed ordinance entitled, an ordinance approving certain contracts, transactions arising thereunder for the purchase, storage, distribution, transportation, and/or transmission of natural or other gas entered into by the Philadelphia Facilities Management Corporation.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE
The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I have one resolution on your behalf, and a bill and a resolution on my own.
Thank you. The Chief Clerk will please read the title of the bill. THE
An ordinance amending Section 9-205 of The Philadelphia Code entitled "Sidewalk Sales" by prohibiting vending on portions of Chestnut Street and Market Streets between 55th and 58th Streets, portions of 56th and 57th Streets.
The bill will be referred to the appropriate committee. THE
And a resolution urging the 108 United States Congress to support the passage of House of Representative Bill No. 1930 entitled "The Liberian Immigration Protection Act of 2003" and Senate Bill No. 656 entitled "The Liberian Immigration Fairness Act."
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Clerk will please read the title of the second resolution. THE
A resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in 40th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Madam President, I offer one bill and one resolution.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance authorizing transfers in appropriation for Fiscal Year 2004 within the Grants Revenue Fund from the Director of Finance provisions for grants to the Director of Finance.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution. THE
And a resolution declaring April 2004 as Tourism Awareness Month.
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 Mariano.
Thank you, Madam President. I have one bill and three resolutions, one of which is privileged.
Thank you. The Clerk will please read the title of the bill, please THE
An ordinance amending Section 10-608 of The Philadelphia Code which provides for the impoundment of vehicles used in the solicitation of prostitution and related offenses by also providing for the impoundment of a trailer or other load being towed by a vehicle used in the commission of such offense.
The bill will be referred to the appropriate committee. THE
And a resolution honoring the individuals who facilitated the return of Delmar Vera to her biological mother Louise Chavez.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing the City Council Committee on Public Safety to hold hearings on the possible expansion of 10-608 of the Philadelphia Code to include the posting of photographs and names of individuals accused or found guilty of soliciting prostitutes.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution will be referred to the Committee of Public Safety. The Chair recognizes Councilwoman Tasco.
I believe we have one more resolution that Councilman Mariano introduced. The Chief Clerk will please read the resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 19th, 23rd and 37th Wards of the City of Philadelphia.
I move for the adoption, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance approving certain contracts and transactions arising thereunder for the purchase, storage, distribution, transportation and or transmission of natural and other gases entered into the Philadelphia Facilities Management Corporation.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Nutter.
The Clerk will please read the title of the bill. THE
An ordinance granting petition to Well Grounded, a Comfortable Coffee, Inc., located at 3720-3724 Midvale Avenue to operate and maintain an open-air sidewalk cafe on the east sidewalk of Midvale Avenue.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution this morning.
The Clerk will please read the title of the resolution. THE
A resolution urging the environmental protection agency to reduce mercury emissions by 90 percent by 2008.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you. The Clerk will please read the title of the first resolution. THE
A resolution urging the Pennsylvania General Assembly to pass legislation authorizing the Philadelphia Traffic Court to order community service in lieu of full fines and costs to a defendant who upon plea and proof demonstrates that he or she is without the financial means to pay the full fine and cost imposed for a summary violation.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing the Committee on Labor and Civil Service to hold public hearings regarding the Administration's proposal to move from a defined pension plan to a defined contribution plan and further authorizing the Committee to see what affects this has on the state of pensions as it pertains to present and future retiring Philadelphia City employees.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution will be referred to the Committee on Labor and Civil Service. THE
And a resolution commending Health Commissioner John Domzalski for his tenacious work that led to Pennsylvania Health Secretary Calvin B. Johnson's temporarily allowing Philadelphia to use a Coded system that maintains an HIV patient anonymity and urging the Pennsylvania Health Department to incorporate a permanent code base names reporting system for the entire Commonwealth of Pennsylvania.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution honoring Eddie, son of Latin music, Palmeri.
Madam, President I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution honoring the Campaign for Working Families.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution commending the United States Sentencing Commission who on April 8, 2004, voted to strengthen existing sentencing guidelines for corporations by implementing more rigorous standards thus requiring that executives and BOARD OF DIRECTORS of corporations and other similar organizations play an aggressive role in the development and operation of their company's compliance and ethics program.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. THE
And a resolution admonishing the United States Department of Treasury acting by and through the Commissioner of the Internal Revenue Service and the Pennsylvania Department of Revenue, acting by and through its secretary, to provide annual plain English and Spanish notice to eligible Philadelphia taxpayers of the availability of earned income tax credits, advanced earned income tax credits and similar benefits prior to the April 15th deadline for filing of tax returns.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer three bills and two resolutions.
Thank you. The Clerk will please read the title of the first bill. THE
An ordinance amending 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 bounded on the north by the south side of Locust Street, on the west by the east side of Fifth Street, and on the south by the north side of Washington Avenue.
The bill will be referred to the appropriate committee. THE
An ordinance amending an ordinance approved January 3, 1992, Bill No. 1205AAA which pursuant to 9-204 of the Philadelphia Code designates the locations in Center City at which vending is permitted by deleting all permitted vending locations on both sides of Eighth Street between Market Street and Chestnut Street.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Section 9-402 of the Philadelphia Code entitled "Animal Drawn Carriages" by authorizing the Department of Streets to make temporary alterations to the approved routes for animal drawn carriages, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution. THE
A resolution amending Resolution No. 040001 concerning the Rules of Government for the City Council of Philadelphia by amending Section 3 entitled "Standing Committees" by adding a Committee on the Waterfront Department.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
The resolution will be referred to the appropriate committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 25th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and 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 O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have two bills, four resolutions.
The Clerk will please read the title of the first bill. THE
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire from the Redevelopment Authority for nominal consideration properties located at 901-47 North Marshall Street.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a lease agreement to lease to the Philadelphia Authority for Industrial Development for further sublease to Leadership Learning Partners Charter School, a Pennsylvania non-profit corporation.
This bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution. THE
A resolution calling on and urging the 108th United States Congress, the Senatorial and Congressional representatives of the City of Philadelphia and the Commonwealth of Pennsylvania to move forthwith to enact for the President of the United States to sign legislation that would reauthorization, strengthen and make permit the current ten-year federal ban on military-style assault weapons that is set to expire in September 2004.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution honoring nominations to the All-Pennsylvania Academic Team.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution recognizing April as Community College Month in Philadelphia.
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 Kelly.
Thank you. I'm sorry. I believe Councilman Clarke had another resolution which we did not consider. I would ask the Chief Clerk to read the title, please. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 5th, 20th, 28th, 19th, 32nd and 47th Wards of the City of Philadelphia.
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 Rizzo.
Thank you. The Clerk will please read the title of the resolution. THE
A resolution recognizing that Vietnamese American community in Philadelphia chooses to have the gold and yellow flag with three red stripes recognized of their community.
I move for the adoption of the this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The next order of business is reports from committees. The Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services.
Thank you, Madam President. The Committee on Streets and 14 bills with a favorable recommendation.
Thank you. The Chief Clerk please read the report. Councilman Kenney.
Thank you, Madam President. I need to leave the Chamber. I'd like to be recorded as voting aye on any bills or resolutions that come up in my absence.
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. 040028 entitled an ordinance granting permission to 900 South Front Street, owner of the property 900 South Front Street to operate and maintain an open-air sidewalk cafe; And Bill No. 040112 entitled an ordinance amending Section 9-212 of the Philadelphia Code, entitled "Newsstands" by prohibiting newsstands within the area bounded Street, Cheltenham Avenue, Penn Street and Frankford Avenue; And Bill No. 040135, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan NO. 307 by striking and abandoning portions of a certain pedestrian walkway and right-of-way for gas main purposes. And Bill No. 040150, entitled an ordinance granting permission to Carmen Polutro and Joseph Polutro, owners of the property 2650 South 15th Street, to operate and maintain an open-air sidewalk cafe; And Bill No. 040151, entitled an ordinance amending Section 9-204 of the Philadelphia Code entitled "Sidewalk Vendors in Center City" by exempting sidewalk sales by owners and tenants of 1523 and 1529 Spruce Street and permitting such activity under certain terms and conditions; And Bill No. 040158, entitled an ordinance amending Section 2 of an ordinance, Bill No. 020740, approved January 23, 2003, entitled an ordinance authorizing the revision on a portion of City Plan No. 58 by striking from the City Plan and vacating Olive Street from Percy Street to 10th Street by extending the time for compliance with the conditions stated therein; And Bill No. 040185, entitled an ordinance establishing a "No Trucking Parking" regulation on South Seventh Street between Washington Avenue and Fitzwater Street; And Bill No. 040186, entitled an ordinance establishing a "No Truck Parking" regulation on East Passyunk Avenue between Washington Avenue and Fitzwater Street; And Bill No. 040188, entitled an ordinance granting permission to TCG Delaware Valley, a Delaware corporation, its successors and assigns to construct, maintain and operate, replace, and remove telecommunications service and fiber optic cables; And Bill No. 040208, entitled an ordinance authorizing Homewood Suites Hotel, Stout Road Associates, 4200 City Avenue, to construct and maintain a building addition and right-of-way of Stout Road east of City Avenue; And Bill No. 040209, entitled an ordinance establishing a "No Truck Parking" regulation on the 109000 block of Dutton Road; And Bill No. 040264, entitled an ordinance authorizing the revision of lines and grades on the City Plan No. 42 by striking from the City Plan and abandoning a certain right-of-way for municipal and public utility purposes extending from Market Street southwestwardly to 33rd Street; And Bill No. 040266, entitled an ordinance amending Section 2 of an ordinance, Bill No. 020716, approved January 23, 2003 entitled an ordinance authorizing revision of lines and grades on a portion of City Plan No. 197 by extending the time for compliance with conditions stated therein; And Bill No. 040271, entitled an ordinance amending Sections 9-205 and 9-206 of the Philadelphia Code relating to sidewalk sales and sidewalk vendors in neighborhood business districts by adding a designated Germantown Avenue between York Street and Butler Street and making technical changes, 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.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of the 14 bills that have been just 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. 040028, 040112, 040135, 040150, 040151, 040158, 040185, 040186, 040188, 040208, 040209, 040264, 040266 and 040271. indicate by saying aye. (Aye.)
The ayes have it. And the bills just read will be placed on today's First Reading Calendar. The Chair recognizes Councilwoman Miller for a report from the Committee on Public Safety.
The Committee on Public Safety reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report. THE
The Committee on Public Safety to which was referred Bill No. 040312 entitled an ordinance amending Chapter 10-800 of the Philadelphia Code, entitled "Safety" by adding a new section entitled "Temporary Removal of Firearms of Persons Imminent Personal Injury to Self or Others;" And Bill No. 040315, entitled an ordinance amending Section 10-800 of the Philadelphia Code entitled "Safety" by adding a new section 10-821A entitled "Contraband Weapons, Accessories and Ammunition" providing for the prohibition and registration of certain assault weapons and imposing penalties; Respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilwoman Miller.
I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040312 and 040315.
It has moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040312 and 040315. All in favor will indicate by saying aye. (Aye.)
The ayes have it. And the bills just read will be placed on today's First Reading Calendar. The Chair again recognizes Councilwoman Miller for a report from the joint Committee on Public Safety and Education.
Thank you, Madam President. The joint Committee on Public Safety and Education report one bill with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the joint Committee on Public Safety and Education to which was referred Bill No. 040114, entitled an ordinance amending Section 10-800 of the Philadelphia Code entitled "Safety" by adding a new Section 10-833 entitled "Possession of Weapons on School Property" to prohibit the possession of weapons in and around educational institutions, all 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 again recognizes Councilwoman Miller.
I move that the Rules of Council be suspended so as permit first reading this day of Bill No. 040114. (Duly seconded.)
It has 04/15/04 - STATED - 1ST READING moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040114. All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on today's First Reading Calendar. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar. THE
Bill No. 040157, an ordinance creating the 436 Walnut Tax Increment Financing District, being the area generally bounded by Walnut Street on the north, Fourth Street on the East, Fifth Street on the west and Spruce Street on the south.
And Bill No. 04/15/04 - STATED - 1ST READING 040028, an ordinance granting permission to 900 South Front Street, owner of the property 900 South Front Street to operate and maintain an open-air sidewalk cafe on the southwest corner of Front and Christian Streets.
And Bill No. 040112, an ordinance amending Section 9-212 of the Philadelphia Code, entitled "Newsstands" by prohibiting newsstands within the area bounded by Dyre Street, Cheltenham Avenue, Penn Street and Frankford Avenue.
And Bill No. 040135, an ordinance authorizing the revision of lines and grades on a portion of City Plan NO. 307 by striking and abandoning portions of a certain pedestrian walkway and right-of-way for gas main purposes.
And Bill No. 04/15/04 - STATED - 1ST READING 040150, an ordinance granting permission to Carmen Polutro and Joseph Polutro, owners of the property 2650 South 15th Street, to operate and maintain an open-air sidewalk cafe on the northwest corner of South 15th and Oregon Avenue.
And Bill No. 040151, an ordinance amending Section 9-204 of the Philadelphia Code entitled "Sidewalk Vendors in Center City" by exempting sidewalk sales by owners and tenants of 1523 and 1529 Spruce Street.
And Bill No. 040158, an ordinance amending Section 2 of an ordinance, Bill No. 020740, approved January 23, 2003, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58.
The Chair agrees. 04/15/04 - STATED - 1ST READING THE
And Bill No. 040185, an ordinance establishing a "No Trucking Parking" regulation on South Seventh Street between Washington Avenue and Fitzwater Street.
And Bill No. 040186, an ordinance establishing a "No Truck Parking" regulation on East Passyunk Avenue between Washington Avenue and Fitzwater Street.
And Bill No. 040188, an ordinance granting permission to TCG Delaware Valley, a Delaware corporation, its successors and assigns to construct, maintain and operate, replace, and remove telecommunications service and fiber optic cables.
And Bill No. 04/15/04 - STATED - 1ST READING 040208, an ordinance authorizing Homewood Suites Hotel, Stout Road Associates, owners of the property 4200 City Avenue, to construct and maintain a building addition and footing into the public right-of-way of Stout Road.
And Bill No. 040209, an ordinance establishing a "No Truck Parking" regulation on the 109000 block of Dutton Road.
And Bill No. 040264, an ordinance authorizing the revision of lines and grades on the City Plan No. 42 by striking from the City Plan and abandoning a certain right-of-way for municipal and public utility purposes.
And Bill No. 040266, an ordinance amending Section 2 of an ordinance, Bill No. 020716, approved January 04/15/04 - STATED - 1ST READING 23, 2003 of an ordinance authorizing revision of lines and grades on a portion of City Plan No. 197.
And Bill No. 040271, an ordinance amending Sections 9-205 and 9-206 of the Philadelphia Code relating to sidewalk sales and sidewalk vendors in neighborhood business districts.
And Bill No. 040312, an ordinance amending Chapter 10-800 of the Philadelphia Code, entitled "Safety" by adding a new section entitled "Temporary Removal of Firearms of Persons Posing a Risk of Imminent Personal Injury to Self or Others."
And Bill No. 040315, an ordinance amending Section 10-800 of the Philadelphia Code entitled "Safety" by 04/15/04 - STATED - 2ND READING adding a new Section 10-821A entitled "Contraband Weapons, Accessories and Ammunition."
And Bill No. 040114, an ordinance amending Section 10-800 of The Philadelphia Code entitled "Safety" by adding a new Section 10-833 entitled "Possession of Weapons on School Property."
The Chair agrees. That completes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the second reading and Final Passage Calendar.
Thank you, Madam President. Today, Bill Nos. 040092, 040024, and 040183 are being called up for second reading and final passage. All other bills are being held.
Thank you. 04/15/04 - STATED - 2ND READING The Chief Clerk will please read the title of Bill No. 040092. THE
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located in the vicinity of Fountain Street and the Manayunk Canal.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040024. THE
An ordinance amending Section 14-1200 of The Philadelphia Code entitled "Pending Public Acquisition District Acquisition District" by designating a pending public acquisition district in the area bounded on the east by North 13th Street, on the north by Race Street, on the west by north Broad Street, and on the south by Arch Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. 04/15/04 - STATED - 2ND READING THE
This bill I would love abstain on because I have serious questions about it. But at the same time, the Home Rule Charter does not permit abstentions on final votes on bills. Therefore, with great reservations, I nonetheless will vote to support it, hoping that the government will come to a relatively speedy decision so as to interfere less with the rights of business owners and property owners in that affected area. But considering and balancing all the equities under the present situation, my vote will be aye on the bill with the deep reservations I've expressed.
Aye. I thank my Councilman to the right for his support even though I know he has some grave reservations. Thank you, Councilman.
Aye. The ayes are 16, the nays are 1. A majority of all Members having voted in the affirmative, the bill passes. The last bill to be called for consideration is Bill No. 040183. THE
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of 04/15/04 - STATED - 2ND READING land located within an area bounded by the Delaware River, Cottman Avenue, I-95 Expressway, and Rhawn Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. That concludes the Calendar for today. Are there 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. We understand in City Council, Madam President, that this is a very special day in your life. Therefore, we would all like to say happy birthday. (Singing.)
Thank all of you very much. Thank you. I really don't want to recognize birthdays anymore, but thank you. Thank you (Cake presented.) (Applause.)
Thank you very much. I appreciate that. Thank you all so very much. At this time, the Chair recognizes Councilman Cohen.
Thank you, Madam President. I'm sorry to cast some raindrops on the beautiful day of your birthday. But today is also an unhappy day for most Americans in that they have to pay taxes of various kinds to federal, state, and city governments. And this morning, there was a celebration outside of the Mayor's office and in the Council Caucus Room with respect to the so-called tax reform. And I want to call attention to everybody that, in my judgement, this is not tax reform but is again swatting the working people in favor of the much richer and more affluent business people, and that In the City, there ought to be fairness and the City of Philadelphia ought to be a City renown throughout the, not only the nation, but the world because of its founding place in the forming of this great democracy of ours but in recognizing that working people deserve fair breaks. And under the City's tax structure, the people treated most unfairly in every way, really shamefully, are working people who have low incomes. Because the federal government and the state government exempt people from paying income tax if they fall in certain income classifications, but in Philadelphia that's not true. The poorer you are, the more we are determined to make you pay for the cost of everything in the City. And therefore, despite the income tax reservations and rights of refunds to low income workers enjoyed by citizens of Philadelphia when they're treated that way by the federal government and the state government, when it comes to the city government, we, the City Council and the Mayor working together jointly seem to get special the poor working people. And by poor working people, I refer not only to people who work at low wages in the service industries, but I mean the retired people who live in the row houses of Philadelphia who do a little bit of occasional work in order to produce some income. Yet every penny of their income, and it may be just a couple of thousand dollars a year, is nonetheless taxed and retained by the City. This tax reform body in considering wage tax legislation, some of which may have good reason to be suggested for reform purposes, nonetheless ignored the most urgent need for reform, and that's for working poor. When you do some work, you ought to be treated with respect. And if you work full time, you ought to get enough income in order to take care of your family's needs. And if not, the government should do its share to help instead of making your condition worse. Therefore, again, I'm going to use this occasion, hopefully, by next week to prepare again the wage tax cut bill for that Philadelphia can redeem itself. And as a Democratic strongholder, just talking politically now, as a Democratic stronghold, it ought to show the Democratic Party feels toward wage earners, and that as not to swat them unfairly on taxes but to respect their rights. And so the wage tax cut bill will be introduced, hopefully, next week; if not, the week thereafter. And in the meantime, I think it's important that all of us think about fairness in the tax system and why Philadelphia should be an outstanding nation in support of working people, in support of the older widows who exist on a small Social Security stipend who may get a job maybe babysitting, maybe tending other people's children, maybe doing some light work, who earn a few thousand dollars a year, it seems to me basically unfair that they and the people who work in the service industries be treated so unfairly to have no rights at all to get their money back that they pay in wage taxes, but the federal and state government their claim.
And as a Democrat, I have to say I'm ashamed of the Democratic Party's failure thus far in the City of Philadelphia to see the injustice that exists in making working people pay so heavily on taxes. So this is a good day. I don't mean to poor rain on your birthday, Council President.
But I hope that the next birthday you enjoy will be one which you can feel you're President of a City Council which treats workers fairly instead of trying to balance the books on their backs. Thank you, Madam President.
Thank you, Madam President. I wanted to bring to was a terrific development for Philadelphia's children and for children in the region. I want to go on record to salute and offer kudos to the leadership of the Fairmount Park Commission and the entire membership of the Fairmount Park Commission for voting favorably for he next step around the Please Touch Museum. The subsequent step is that it will now come before us, and I look forward to working with the Councilman that represents this area, my councilman, Councilman Nutter, the members of the Parks, Recreation and Cultural Affairs Committee, and all the Members of City Council so we can offer our ultimate hopeful support on the Please Touch Museum and its hoped-for a new location at the Memorial Hall. Thank you very much.
Thank you. Are there any other speeches on the part of the Majority? (No response.)
Thank you, Madam President. April 15th is another deadline day that we've come to know in the last few days, that's the deadline for the scholarship program. And I'm very disappointed, I'm sure others are in this Council, that the Mayor chose to keep the deadline, keep the program in its discriminatory fashion. I don't think we had any question about whether it was legal or not. We never got into that. That was part of the Mayor's defense. The other part was that these people made the choice and City dollars can be used to discriminate since they made that choice. It seemed totally foreign to the way we do business in this City Council in this government to be defending discrimination. But I hope, still, that we do not wait until the end of this budget process to deal with this issue head on. Because unlike the fire fighter staffing tissues, the the other things that we're dealing with that will become effective on July 1st if they actually come into play and don't get changed, this is happening right in front of us. There was a letter yesterday from the Archdiocese which we all received that was very well written, very clear that this is not a major impact. This is really a statement to parents who are struggling, telling them that they're second class citizens. And I hope we can get this done and get it done quickly. I'm extremely disappointed that we couldn't get it done in time to just extend the deadline. Now, we'll be creating a new deadline if we expand the program. The education testimony that we heard yesterday and the day before was about the worst and most disappointing I've ever heard since I've been in Council. I still can't understand what they were saying, let alone the inconsistencies. I've never heard a department head ask a Councilmember, "Where did you get that information," and have to sit fact that it came from his department. I mean, there's only eight people in there. So I don't know what's being held back. There doesn't seem to be any willingness on the part of the School District to raise any of the million that was supposed to be their share. They're basically taking the million federal and adding million City to do it. And I hope this Council stands strong against this kind of discrimination as we have done this week and send the same message to the Mayor that we want this done and want it done quickly. The second thing I want to mention deals with another startling piece of testimony about the collections in the Water Department. We've had people all over the City feeling they're being stabbed in the heart by PGW, being asked to pay a surcharge for non-payers who are able to pay. And then we get the information that the Water Department, our own beloved Water Department, has a much lower collection rate than PGW. Well, PGW admits that even without the surplus, they admit that about 10 percent of the bill today is paying for people who don't pay for their bill. The Water Department must be doubling that number, so it must be somewhere around 20 percent of your water bill is paying for people that don't pay if their collections are in the low 80s. It's an unheard of number, especially when they have the best shutoff program around. When you don't have water, you're out. Ask anybody who's lived next door to somebody without water. Don't ask the people in the house, just ask their neighbors how it shuts down. There are certain things you need water for and you just can't escape that fact. I don't know what the Water Department is up to, except they've asked for a 40 percent increase over the next three years. Because it's really a three-year increase because you get it one January and the fourth one comes in three years on January 1st again. It seems to me that what we've got hidden, backdoor, you pay for them that aren't paying.
That's what this rate increase seems to be. We've been hearing the new water lateral responsibility and that's the reason. And we've had discussions about how that area really belongs in the Capital Budget. This sounds like this gigantic water increase is based on a collection problem that is even worse than the deplorable Gas Works that we've been condemning for the last several weeks. So I hope, as these budget hearings go on, before we get into this rate increase, this astronomical rate increase, that we deal with this situation in the Water Department because they're making the PGW folk look like collection wizards. Thank you.
As I said yesterday, it would appear that we not only have a fiscal crisis, but a collection crisis. And I think we even heard about the real estate taxes and delinquency there. But that's subject for another day.
Thank you, Madam President. According to the Philadelphia Traffic Court, there are about 1.9 million citations outstanding and $391 million owed in traffic tickets, and that's just in Philadelphia. The difficulties that many of these individuals may owe thousands of dollars and it's not financial possible for them to every pay it. This morning, I presented a resolution that you were all so kind to pass unanimously asking the State House of Representatives, and I've sent a copy of my resolution to the Philadelphia Delegation in the House. My resolution, and I sure hope that it will be turned into bill, will amend the Vehicle Code to allow the courts to order community service as an alternative sentence for part of the cost of those individuals who cannot financially afford to pay the total amount of their tickets. I think this is a way of getting our people that are driving license, unlawful drivers, giving them an opportunity to do community service as a way of paying off their fines, get them to get their licenses, get them to get insurance. And I think that all of this is revenue generating, but we're going to need the support of the House of Representatives. I've spoken to the Office of the Speaker and a number other State legislators from Philadelphia that are very interested. Thank you, Madam President. And concerning the issue of the scholarship program. I'm disappointed with the comments of our Mayor, however, I have not lost hope that we can still find a way to get this resolved. And the Archdiocese reiterated yesterday that they still consider themselves in talks with the Administration concerning this issue. Thank you.
Thank you. Before we adjourn, I would like to remind the members of the Rules Committee that we do have a public hearing scheduled at 2 o'clock today, and I would ask you to please be there promptly. Are there any further speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion.
Madam President, I move that Council stand adjourned until Thursday, April 22nd at 10:00 a.m., 2004. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until April 22nd. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Council adjourned at 11:30 a.m.) C E R T I F I C A T I O N. I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, April 15, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR