Stated Meeting, April 15, 2004

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Rizzo.

Madam President, I have one resolution today.

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.

The Chair recognizes Councilman Rizzo.

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.)

Those opposed? (No response.)

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.

Thank you. Leave will be granted. THE

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.)

Those opposed? (No response.)

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.

Do I hear a second? (Duly seconded.)

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.)

Those opposed? (No response.)

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.

Thank you. The Chief Clerk please read the

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.)

Those opposed? (No response.)

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.

The Chair agrees. THE

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.

The Chair agrees. THE

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.

The Chair agrees. THE

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.

The Chair agrees. THE

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.

The Chair agrees. THE

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.

The Chair agrees. THE

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.

The Chair agrees. THE

And Bill No. 040186, an ordinance establishing a "No Truck Parking" regulation on East Passyunk Avenue between Washington Avenue and Fitzwater Street.

The Chair agrees. THE

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.

The Chair agrees. THE

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.

The Chair agrees. THE

And Bill No. 040209, an ordinance establishing a "No Truck Parking" regulation on the 109000 block of Dutton Road.

The Chair agrees. THE

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.

The Chair agrees. THE

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.

The Chair agrees. THE

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.

The Chair agrees. THE

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."

The Chair agrees. THE

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."

The Chair agrees. THE

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

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kelly. 04/15/04 - STATED - 2ND READING

Aye. THE

Councilman Kenney voting aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ramos.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. 04/15/04 - STATED - 2ND READING THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

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

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

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.

Thank you, Councilman. THE

Councilman DiCicco. 04/15/04 - STATED - 2ND READING

Aye. I thank my Councilman to the right for his support even though I know he has some grave reservations. Thank you, Councilman.

Please continue. THE

Councilman Goode.

Aye. THE

Councilman Kelly.

Aye. THE

Councilman Kenney voting aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. 04/15/04 - STATED - 2ND READING THE

Councilman O'Neill.

Aye. THE

Councilman Ramos.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

No. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

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

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kelly.

Aye. THE

Councilman Kenney voting aye. THE

Councilwoman 04/15/04 - STATED - 2ND READING Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ramos.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President

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.)

Cake will be available next door.

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.

You're not.

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 very much, Councilman. (Applause.)

The Chair recognizes Councilwoman Brown.

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.)

The Chair recognizes Councilman O'Neill.

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.