COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, December 11, 2003 10:45 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN ANGEL L. ORTIZ COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO 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 note that a quorum of present. The Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Derrick Thompson, Pastor of Enon Chapel Baptist Church. He is here today as the guest of Councilwoman Blackwell. Members and guests will please rise.
Shall we pray? Our God, our Father, today we thank you FOR this time to come, Lord, to bring issues before this Council. Father God, as we're standing in your presence, we pray that you would anoint each and every Councilperson in the mighty name of Christ Jesus. And Father God, today, Lord, as they deal with these issues of industry, business and community, let them be guided with wisdom and understanding that they may pursue these issues wisely. And Father, today, not only that, but, Father, those that are homeless and those that have no place to go. Father God, let there be compassion within the hearts of these within this Council Chamber to address these issues on today. And Father God, not only that, we ask, Lord, that you would bless, Lord, this city government, Lord, and that you would make harmony and unity abide within this City. And Father God, where there is envy and strife, bitterness and anger, we ask, Lord, that you would let it subside. And Father God, let harmony abide within these Chambers and within these walls of this Council. Father God, let each and every one of us from various communities with various issues and let them realize, Lord, that we must work together as a family in order to make this a CITY mighty and victorious. We pray in the name of our, Lord. Amen.
The Chair thanks Pastor Thompson for his very inspiring will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, December 4, 2003. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, December 4, 2003, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of the meeting Thursday December 4, 2003, 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, December 4, 2003, is approved. The next order of business is requests for leaves of absence. And the Chair, again, recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning a leave of absence is requested for Councilwoman Tasco.
The Chair thanks the Councilwoman. Leave will be granted. The Chair recognizes Councilman Rizzo.
Madam President, I request a leave of absence for Councilman O'Neill.
The Chair thanks the gentleman. Leave will be granted. The Chair will dispense with the regular order of business to recognize the 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, I would like to just lay out some ground rules, if I may. As I indicated, you certainly are all welcome, and we are here to conduct business. I am requesting that you all be respectful, we respect you as you respect us. Anyone interfering -- again, I will repeat -- anyone interfering with our Session will be asked to leave. And if they don't leave, they will be escorted out of the Chambers. So I think you can all make your feelings known. I see all of the signs, but we will not have any shouting back and forth. And that will not be permissible. So I think I should make that known from very early on. Thank you very much. At this time, the Chair recognizes
Thank you, Madam President. Madam President, I'm pleased to introduce a group to Council today. They are City Year Corps members. They are currently serving at the Mifflin Elementary School. This team has partnered with the Please Touch Museum and the corps members in Council are implementing science all around us curricula, an innovative, hand-on science and math program with elementary school students throughout the City. They are formerly referred to as the Hunt Please Touch Museum Team serving at Mifflin Elementary School. And if it's okay, Madam President, I'd like to recognize them and ask if they would stand and be recognized.
You're welcome. At this time, the Chair recognizes
Thank you, Madam President. Bill No. 030740, I am going to holding that bill, contrary to what I had stated in the Caucus Room because of a recent conversation I had with the City Solicitor's Office on a technical issue that may have a serious consequence on the bill, should it be passed today. That's not to suggest that the technical issue will in any way kill the bill, but it's possible that the technical issue may in some way alter the opinion that we were hoping to get from the Solicitor last week. But I just got a call late last night and the Solicitor has not yet sent over his final opinion. So I'm going to hold the bill. I want to apologize to everyone who is here today. We do appreciate your coming out. We know it is difficult for some of you to have to take off and leave your families, but it is the process. It is a process which we all appreciate, whether you're for or against the bill. The bill will be called up for final reading today. At best, it will be Thank you.
Before Councilman DiCicco spoke, I was asking for the floor in order to introduce two groups of citizens who are here today asking for the support of City Council. The first are a group of nurses from the Pennsylvania Medical College in East Falls, and I just wanted to welcome them. I'm sure Councilman Nutter will join me in that welcome. Would they please stand. (Applause.)
And the second group are the CITIZENS of Port Richmond. I want to have everybody from Port Richmond stand. Very good. Thank you very much. (Applause.)
Now, if I may address Councilman DiCicco's request. People from Port Richmond came at through a heavy rain. They came despite the discouragement from the heavens in the form of the rain all night last night and early this morning. I would like to know from Councilman DiCicco what his further plans are? If hes not going to raise it today, is he going to raise it next week? Because Port Richmond is very upset, as you can tell by the number of people here today and who were here last week. And I think the people of Port Richmond are entitled to know what's happening to their neighborhood. And they're particularly entitled -(Applause.)
And they're particularly entitled to it from their representative in City Council, Councilman DiCicco. So I ask you, Councilman DiCicco, are you going to put the people through the miseries again next week? Are they going to have to mobilize to come here maybe in double of numbers? Or is this the end of the bill City Council so everybody in Port Richmond can go back to their duties and normal life?
Magnificent job again, Councilman of lobbying against a bill. There are a number of people here both for and against this bill. You're correct, I am the elected official for the 1st Councilmanic District, which encompasses Port Richmond. I don't get any pleasure out of delaying this bill any further. But as you know, and you've been here longer than I have, there is a process. And I'm certainly not to call a bill up for final reading that may have a technical issue which will either kill the bill or have a bill is flawed in such a nature that it will cause even further undue uncertainty on behalf of the community. We're going to do this bill one way or the other. It's either going to get voted up or voted down. I don't want to start this in February and put the same folks that you're concerned about, that I am just as concerned with, and having to put them through this again. There are folks in this room who will be happy with my decision or unhappy with my decision. That's what we're elected to do. Sometimes we call it right and sometimes we call it wrong. I have not in any way, shape, or form tried to do anything to keep these folks in the blind. It's been a process that's been going on for 15 months now. So I'm not going to debate this bill as we did in the hearing a couple of weeks ago. It's unfortunate, but it's a reality the Solicitor's Office has not yet sent over his opinion on a technical issue that came up around 11 o'clock yesterday morning from the attorneys who represent Northeast Hospital.
Seems to me that people in the community are entitled to full support from their legislative representatives. I'm stunned at what you've done to the people of Port Richmond. (Applause.)
Come on, Councilman. Councilman, with all due respect, you don't attend the meetings in Port Richmond; I do. I do. And there are times when people ask me to do things that I just can't accommodate them all, and that's the nature of our business. But to suggest that I am keeping them in the dark is absolutely false.
Well, to suggest that this has been known to everybody for 15 months is also somewhat at variance with the facts. Most of us only learned about it a few days ago -
How would you know the facts? You weren't at the meetings. You don't represent of district.
Councilman, I'm not going to argue with you. I'm holding the bill.
Don't argue with me, but report to the people. Have faith in them. Support to the people in Port Richmond, don't fight them, don't put them through this torture they have of whether you're going to be introducing -(Applause.)
Whether you're going to impose upon them the worst employer in the history of the United States, an employer determined to break down the standards of American working people and introduce into America the third world class standards, the standards we're fighting against everywhere else in the world. We're trying to bring them up to American standards. And this is a company that's trying to reduce American citizens to say this is a third world citizenship by saying, "You have to work for us not on a full-time but on a part-time job, no medical benefits, very low wages, no That's the reason the people are up in arms. You're threatening their lives. (Applause.)
You know, Councilman, I find it curious that you did not have the same speech when we passed a TIF a few weeks ago for the Whitman Chocolate factory site that will have a Wal-Mart located at location as well. (Applause.)
There's a Wal-Mart that is being developed on that site as we speak. Councilman, you did not take opposition to that. Maybe it's because there wasn't an audience.
Were there residents from that community protesting? Is it in a residential area?
Maybe that's why you weren't as vocal then because there wasn't an audience to protest in front of. What could I tell you? You have your way of doing things; I well.
I think you owe it to the people here from Port Richmond to tell them what your plans are and not to -
Gentlemen, gentlemen, gentlemen, please. Excuse me. I think you're having conversation between the two Councilmembers. I do believe that Councilman DiCicco said the bill is not coming up for a vote today. There is no reason to go any further on this.
There is Madam President, because every Councilmember has 1400 copies of letters from community residents protesting this. And they want to know, can they go home to their families or are they going to continue -
Councilman Cohen, unfortunately, you are not the sponsor of the bill. The sponsor of the bill is requesting that it not come up for a vote today. At this time, I don't know what we're debating. And for two Councilmembers to have other is improper. It's absolutely improper. Councilman DiCicco, you rest your case. I doubt that Councilman Cohen will, but Councilman I think a request has been made. I think it's a shame that these people had to come in the weather, this horrible weather, as you indicated. And I don't think it's going to get any better. But the bill is not being called up today, so I would suggest that those who were here for a vote, if you're interested in only hearing about this particular bill, you can certainly feel free to leave or stay with us for the rest of our Session. Thank you all very much. (Pause.)
I would ask that our visitors please leave quietly so we can continue with our Session. Thank you very much. The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Clerk. The Chief Clerk will please read messages from the Mayor. THE
Thank you. The next order of business is the introduction of bills and resolutions. And the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended in order to permit 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 at the time resolutions are introduced. All in favor of the motion, please say aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
The Chief Clerk will please read the title of the first resolution. THE
A resolution authorizing City Council's Committee on Legislative Oversight and Committee on Public Safety to hold joint hearings to investigate the alarming high number of incidents in which our school children are struck by vehicles on their way to and from school.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor of the adoption will say aye. (Aye.)
The ayes have it. And I believe you're requesting that the resolution be referred to Committee, sir?.
The resolution will be referred to the appropriate Committee. The Clerk will please read the title of the second resolution. THE
A resolution honoring Dominic Sabatini on the occasion of his retirement as President and CEO of Penn's Landing Corporation.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce one resolution on your behalf.
Thank you. The Clerk will please read the title of the resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 36th Ward 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 Cohen.
Madam President, I'm glad my microphone is at work again. I offer one resolution on behalf of 13 members of City Council.
Thank you. The Chief Clerk will please read the title of the resolution. THE
A resolution calling on Tenet Healthcare Corporation, the owner and operator of Medical College of Pennsylvania to acknowledge the vital importance of nurses to patient care by agreeing to a fair and equitable contract with the nursing staff of MCP, Local 112, Office and Professional Employees International Union and by responding positively to the nurses' reasonable demands that the hospital increase staffing, eliminate unsafe forced overtime, and provide affordable healthcare and fair wage increases to their dedicated nursing staff.
Madam President, I wish to speak on this motion and I move its adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. At this time, the Chair recognizes Councilman Cohen.
Nurses have long been recognized as a group of people who for many, many years received impossibly low wages. They were never recognized fully as workers, though during wartime we would address them for angles for the work they did under all kinds of horrible conditions. Today, in the civilian world, they have a different world. Now they're being over recognized in that the hospital once they come to work doesn't want to let them go home, and at the last minute will tell a nurse, even though she may have all kinds of requirements calling for her to be back at home to tend to her kids, they tell the nurse, "You've got to stay on duty for the next shift or the next half shift." And the situation in many hospitals, because of the shortage of nurses, has become impossible. Therefore, hospitals have begun to demand compulsory overtime in which a worker has no choice. He's like a slave, he has to obey an order no matter what his own requirements or her own requirements are. That's an impossible situation because the amount of overtime is bad for the nurse and bad, very bad for the patient, because if a patient gets an over-tired nurse, errors can creep into the work of the nurse or the nurse is unable to answer calls. Nurses are fighting, not only for themselves; they're fighting for the quality of life that they're able to afford patients in the hospital. They want decent working conditions for themselves as well as for the patients they're taking care of. Like at Temple University where a strike was averted. This Tenet Hospital apparently was unwilling to take any kind of action until a strike. A strike is almost a month old. I believe it began on November the 11th, and this is December the 11th, so I guess it is a month old. This resolution salutes the work of the nurses because they're doing our job for us. They're making it safer for hospitals for us and they're fighting for themselves at the same time. I urge all my colleagues to support this resolution. And its a resolution that takes effect without regard to place. Any hospital in Philadelphia that tries to both demean the working force and permit the standards in the hospital to become substandard, because that's what it is when you compel people to work 12 or 16 hours a day, day after day. We've got to say no to that because we've got to maintain both right conditions for nurses and right conditions for their patients. So I'm urging everybody to vote yes on this resolution. Thank you, Madam President.
You're welcome, Councilman. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I appreciate Councilman Cohen's resolution, and I also recognize the vital service that nurses provide to the healthcare community. This particular hospital is in my district. And quite honestly, it is a shame that the nurses are here with us today as opposed to working in the hospital. Now, I believe that there should be a fair contract between these parties. I'm not involved in the negotiations. And in general, I think Council tries its best, although we are often encouraged, to get involved in negotiations. The nurses provide a vital service. But as with most things, there are usually at least two sides to every story. Now, I'm not taking a particular position with regard to the nurses or with Tenet. I've worked with the Tenet organization who came here a number of years ago to rescue a bankrupt run-into-the-ground healthcare system by the Allegheny Health System some number of years ago. I've agreed with some of the issues with regard to Tenet, and I've had disagreements with regard to some of the issues with the company and I express them directly. We worked through many issues to have, with that particular system, one of the premiere charity care policies, not only in Philadelphia, but across this country. I would like the nurses to be back to work. I'd like Tenet and the nurses to immediately go into round-the-clock contract negotiations. But I do think, as Councilman Cohen lays out and talks about required service, I do think the record should reflect some additional information. For instance, Madam President, it is my understanding that the hospital and the nurses union met on November 25th. The hospital presented what they felt was a fair and equitable proposal. On December 1st, the union voted not to ratify the proposed terms. The highlights of this particular proposal, as I understand them, as are follows: On wages, a total of an 11 percent wage increase over the two-year term of the agreement. This main issue, this required stay or mandation or required overtime, that occurs, as I best understand it, only when the hospital must replace last minute call-outs or nurses who are literally absent without leave for their scheduled shift. This allows the hospital time to find a replacement registered nurse to care for patients. I believe that the nurses absolutely are committed to patient care. And so, therefore, the hospital must provide for patient care. The nurses know they must provide for patient care. And when one of their colleagues calls out two hours or less before the start of their shift, the hospital must provide for nurses. The proposed to decrease the number of times the registered nurses would be mandated, as the term is used, as follows: The hospital will not mandate employees more than an additional four hours per occurrence. The hospital will not mandate an employee more than eight hours a month, a 50 percent decrease from the current contract until November 7, 2004; and no more than four hours per month, a 75 decrease from the current contract thereafter. Employees may be excused for mandatory overtime provided the excuse offered for reasons such as child care issues is acceptable to the hospital and may absolutely refuse mandatory overtime three times until November 7, 2004, and no more than two times per year thereafter. The hospital will pay time and a half for all hours worked over 40 in one week. Many of the nurses are part-time employees who receive full-time benefits. And again, as I understand this particular issue, many of the nurses work and as the hospital lays out their payroll on a per-pay-period basis. So if you work 72 hours or 48 hours per pay period, that means that you work 24 hours a week. For most of us, the average workweek is 40 hours a week.
This is a situation and the big sticking point here is that when a nurse works more than -- if they're scheduled for 48 hours per pay period if they work more than 24 hours in the course of the week, the nurses want double time for time over the 24 hours in the course of that workweek. Double time for more than the 24 hours, not when it goes over 40 hours in the course of the week. This is a fight about double time for hours worked that are not more than the average workweek that most of us are required to work. That's what this particular fight is about. The hospital, I believe, has offered that they will get their regular salary for hours worked over their regular hours and when they exceed 40 hours they will get an overtime rate. Now, I would like the nurses and Tenet to get to the negotiating table. It's interesting, it is important to have them here in City Council, but no contract is going to be hammered out in this Chamber. They need to be at the negotiating table talking about these particular issues. The Councilman raises the issue of low pay. And I don't think about what other people make. I think that's a personal issue. But there are 110 of the nurses who make anywhere in the course of this current year estimates in salary anywhere from $70,000 to upwards of $166,000, working in a hard provision under difficult circumstances working with patients. But I don't want anyone to believe that somehow this is not a good profession. You can make good money in this particular profession. But the patients need care and they need their nurses and they need them in the hospital, not here at City Council. So I would encourage both sides to get to the negotiating table and deal with the issues that are at hand. This required overtime or mandation issue has been very confusing out in the public environment and needs to be talked about within the confines of a negotiating room on these particular issues. So I encourage the nurses, I encourage Tenet to conduct round-the-clock negotiations to get to the end of this particular issue. The Medical College of Pennsylvania Hospital is a critical institution with a long history. It is a good institution in the East Falls community. We need people to go back to work immediately. Thank you, Madam President.
You're welcome. It has been moved and seconded that the resolution be adopted.
I'm sorry, Councilman. Your light was not on. The Chair recognizes Councilman Cohen.
I've always been opposed to Councilmembers taking positions with boards because suddenly they become -and they have to be if they're members of boards -- supporters of the institution and I think it takes away from objectivity. I believe that the total issue here revolves around the issue of mandatory overtime. All other subjects are open to discussion to debate to conference if the institution is willing to consider it. But when you have a hospital run by a for-profit group, that's what they're interested in is for-profit. And they find it more profit in keeping a low staff number than in filling the positions they ought to fill. If they fill the vacancies that exist, there would be very little need for overtime and there would be no problem. And if I have to believe the different stories between that of management and that of workers, I take the position of workers. Is Councilman Nutter saying that these people who he occasionally defined as very fine people in a fine profession, that they're not telling us the truth when they tell us their complaint involves basically about mandatory overtime, that the hospital refuses to fill the vacancies? That's the main issue. But if you want to have a debate, I'd be willing to participate in that debate. Let's have a time on it. But let's not fool people. I don't believe it appropriate or proper for a Councilmember serving with a company to speak in Council on behalf of that company. Because I think you can't serve two masters, and the masters are the people of Philadelphia. And if there's any difference on any issue between the workers and management, my long history tells me I believe the workers. I don't believe management because management has an ulterior purpose always in trying to do something cheaper, not better for the patients, not better for the nurses. Therefore, I urge my colleagues to vote overwhelmingly in support of this resolution. (Applause.)
Thank you, Madam President. I will not prolong this. I do want to clear the record. The councilman, I think, unfortunately, has some bits and pieces of information. First, I'm not speaking on behalf of the entity. I think I made my comments very clear that both parties have a responsibility here, and I have not taken a particular position one way or the other. The Councilman presented a set what he thought was factual pieces of information. I thought the record should be balanced. Second, I am not on the board of this particular organization or corporation. They do have and set up a community board of advisors made of community people that helps to, works to, advise this particular entity when they came to town on how to conduct themselves in particular market please. That community board of advisors was the driving force behind a charity care policy that is second to none of any hospital in Philadelphia or any hospital system in Philadelphia and has been replicated as a national model. Third, the issue is the required overtime. I would suggest to you, Councilman -- and I'm not commenting on whether people are giving you the right information or not. What I'm suggesting to you, and you well know especially in the business we're in, there are usually three sides to every story; one side, the other side, and somewhere in the middle is the truth. This has been a confused issue about what is required overtime. Every hospital in the City of Philadelphia has some policy with regard to overtime if the nurses call out shortly before their shift is to start. With regard to the vacancies, they should certainly fill the vacancies. I'd encourage them to fill the vacancies, just as we ask the School District to seek to fill vacancies. There is a severe nursing shortage, not just at this particular hospital, but at many hospitals throughout not only Philadelphia and our region, but cross the United States of America. So we don't have any dispute. I'm going to vote for the resolution. We don't have to have a big debate or a big fight, but I think in this kind of situation, all of the facts should be on the table. And ultimately, whatever's going to happen with those facts, they should be discussed in a negotiating session in a room somewhere away from this particular Council Chamber. So their work is great. They should be paid well. They should have a fair contract. But I think all the factual information about this mandation issue and categorizing it in some way, shape, or form as an alternative form of slavery I think is hyping to some extent the particular issue. If people don't call out sick, people are not asked to stay. But in the contract that's being proposed, people can refuse the mandatory overtime. But some people have enjoyed the mandatory overtime which has driven some of the annual salaries in excess of a hundred dollars. Now, that's not a bad job. Thank you, Madam President.
Thank you. The Chair again recognizes Councilman Cohen.
I appreciate Councilman Nutter's explanations, but I must say that this looks to me like an old-fashioned labor dispute in which an employer decides it's much cheaper to keep vacancies and fill them with forced overtime than to hire the necessary number of workers to fill the spots. (Applause.)
And if I have to choose again between a group of people who are going to make a profit from these vacancies and the group of people working, my vote goes with the people are working. And the people who are working live in Philadelphia. They're our residents, they're our voters, they're Philadelphians.
All right. But all the ownership of Tenet lives outside the City and they all are operating in Philadelphia only to make a profit. And that's what they're using Philadelphia for. And I don't think that they're entitled to the same kind of support as Philadelphia citizens. Do you tell me that these people are so wealthy, these nurses, that they can afford to go without work, that they have so much money that they enjoy the strike? If so, you ought to join them on the picket lines some days and you will find out real life. I think that this resolution deserves everybody's vote. I'm glad Councilman Nutter is going to vote for it, but I urge you, Councilman Nutter, to begin looking at all the facts and to realize that people who make a profit from something usually have a different point of view than the people who make that profit possible by their hard work and their dedication to their duties, as these nurses do. Thank you, Madam President.
Thank you, Councilman. It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 18th, 19th and 33rd 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 Councilwoman Miller.
Thank you, Madam President. Today, I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Nutter.
The Clerk will please read the title of the resolution. THE
A resolution approving the ground lease and sublease concerning the Gustine Recreation Center and Arthur Ashe Youth Tennis and Education formerly known as the Philadelphia Youth Tennis, Inc.
Thank you, Madam President. I move the adoption of the resolution, unless Councilman Cohen wants to debate. (Laughter.)
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 Brown.
Thank you, Madam President. I offer no bills or resolutions this morning.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Ortiz.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman DiCicco
The Clerk will please read the title of the resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the redevelopment of the City deeds located in the 2nd, 25th, and 31st Wards of the City of Philadelphia.
I move for the adoption of the resolution, 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 Councilman Clarke.
The Clerk will please read the title of the first resolution. THE
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area.
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 Clerk will please read the title of the second resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area.
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.
Madam President, no bills or resolutions today. Thank you.
The Chair thanks the gentleman. The next order of business is reports from committees. And the Chair recognizes Councilman Kenney for a report from the Rules Committee.
Thank you, Madam President. The Committee on Rules reports two bills out with favorable recommendations.
Thank you. The Chief Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 030767, entitled an ordinance to amend Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Filmore Street, the County Line, and Oxford Avenue; And Bill No. 030768, entitled an ordinance amending Title 14 of the Philadelphia Code by amending provisions relating to reconstruction of non-conforming structures, under certain forms and conditions; Respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Madam President, I move the Rules of Council be suspended so as to permit first reading this day of Bills No. 030767 and 030768. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030767 and 030678. All in favor will indicated by saying aye (Aye.)
The ayes have it, and the bills just read will be placed on today's First Reading Calendar. At this time the Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, on Finance reports out three bills with a favorable recommendation.
Thank you The Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee on Finance to which was referred Bill No. 030769, entitled an ordinance amending Section 19-1303 of the Philadelphia Code entitled Authorization to Offer Exemptions From Real Estate Taxes on an Improvements to Deteriorated Industrial Commercial Or Other Business Properties; And Bill No. 030825, entitled an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, under the Redevelopment Assistance Capital Program in an aggregate amount not to exceed $15,350,000; And Bill No. 030826, entitled an ordinance authorizing the City of Philadelphia in cooperation with the Philadelphia Authority Development, to undertake a project to promote the health, safety, and welfare of the residents of the City of Philadelphia supplementing the ordinance, Bill No. 980789, which establish the alternate funding mechanism, all under certain terms and conditions; Respectfully reports it has considered and amended the same and returns the attached bills to Council with favorable recommendation.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading today of Bill Nos. 030769, 030825 and 030826. (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. 030769, 030825 and 030826. 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 Councilman Kenney for a report Committee on Public Property and Public Works.
Thank you, Madam President. The Committee on Public Property and Public Works reports four bills out with favorable recommendations.
To the President and Members of the Council of the City of Philadelphia, the Committee on Public Property to which was referred Bill No. 030742, entitled an ordinance authorizing the Commissioners of Fairmount Park and the on behalf of the City of Philadelphia to transfer two certain lots or pieces of ground situate in the vicinity of McNulty and Townsend Roads; And Bill No. 030743, entitled an ordinance amending Bill No. 990728 by extending the time for compliance with conditions until December 31, 2004; And Bill No. 030785, entitled an ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land situate in the northwest corner of the Roosevelt Boulevard and Southampton Road; And Bill No. 030788, entitled an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to purchase fee simple title to a certain parcel of land with the building and improvements thereon situate in the northwest side of Algon Avenue of Fox Chase Road, all under certain terms and conditions; Respectfully reports it has considered the same and returns the attached a favorable recommendation.
Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of Bills No. 030742, 030743, 030785 and 030788. (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. 030742, 030743, 030785 and 030788. All in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed on today's First Reading Calendar. The Chair recognizes Councilman DiCicco for a report from the Committee on
Thank you, Madam President. The Committee on Streets and Services reports 11 bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report. THE
To the President and Members of the Council City of Philadelphia, the Committee on Streets and Services to which was referred Bill No. 030731, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 152 by striking from the City Plan and vacating Regent Street from 67th Street to 66th Street; And Bill No. 030732, entitled an ordinance authorizing the paving of Reserve Boulevard, Tuscany Drive and Capri Drive; And Bill No. 030733, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 46-S of an area bounded by 20th Street, Pattison Avenue, Penrose Avenue and Hartranft Street; And Bill No. 030734, entitled an ordinance amending Section 2 of an ordinance, Bill No. 020429, approved November 13, 2002 entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 258 and striking from the City Plan and vacating Brill Street from Torresdale Avenue to Harbison Avenue; And Bill No. 030735, entitled an ordinance establishing a "No Trucking Parking" regulation on Friendship Street between Dorcas Street and Algon Avenue; And Bill No. 030736, entitled an ordinance authorizing the striking from City Plan No. 178 and abandoning of a right-of-way for drainage purposes between Ogontz Avenue and Belfield Avenue; And Bill No 030737, entitled an ordinance to authorize the Water Commissioner on behalf of the City to enter into an agreement with the owner of the property of 5400 City Line Avenue; And Bill No. 030738, entitled an Commissioner on behalf of the City to enter into an agreement with the owners of the property of a private street known as Anthony Lane; And Bill No. 030739, entitled an ordinance authorizing Thomas Jefferson University to maintain an underground pneumatic conduit duct bank; And Bill No. 030741, entitled an ordinance authorizing the revision of lines of grades on a portion of City Plan No. 384 by widening Southampton Road. And Bill No. 030784, entitled an ordinance amending Chapter 10-700 of the Philadelphia Code entitled "Refuse and Litter," by adding a new provision providing for an "adopt-a-block" program, 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, Madam President. I move that the Rules of Council be suspended so as to permit first reading on the 11 bills that have just been read into the record this day. (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 11 bills just read. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills, as read, will be placed on today's First Reading Calendar. The Chair at this time recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections are.
Thank you, Madam President. The Committee on Licenses and Inspections reports 12 bills out with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and Members of the City of Philadelphia, the Committee on License and Inspections to which was referred Bill No. 030682, entitled an ordinance amending Title 10 of the Philadelphia Code entitled "Regulation of Individual Conduct and Activity," by amending Chapter 10-400 entitled "Noise and Excessive Vibration"; And Bill No. 030772, entitled an ordinance repealing Subcode M, the Philadelphia Mechanical Code, of Title 4 of the Philadelphia Code; And Bill No. 030773, entitled an ordinance amending Title 4 by adopting and incorporating with certain additions, deletions and amendments the 2003 Code; And Bill No. 030774, entitled an ordinance amending Title 4 of the Philadelphia Code entitled the Philadelphia Building Construction Code, the Property Maintenance Code. And Bill 030775, entitled an ordinance amending Title 4 of the Philadelphia Code, the 2003 International Fuel Gas Code as the Philadelphia Fuel Gas Code; And Bill No. 030776, an ordinance repealing Subcode F, the Philadelphia Fire Prevention Code of Title 4 of the Philadelphia Code; And Bill No. 030777, entitled an ordinance amending Title 4 of the Philadelphia Code as the Philadelphia Energy Conservative Code; And Bill No. 030778, entitled the ordinance amending Title 4 of the Philadelphia Code as the Philadelphia Existing Building Code; And Bill No. 030779, entitled an ordinance repealing Subcode B, the Code, the Building Construction and Occupancy Code; And Bill No. 030780, entitled an ordinance amending Title 4 of the Philadelphia Code by amending Subcode A, the Philadelphia Administrative Code; And Bill No. 030781, entitled an ordinance repealing Subcode E, the Philadelphia Electrical Code of Title 4 of the Philadelphia Electrical Code; And Bill No. 030782, entitled an ordinance amending Title 4 of the Philadelphia Code, the 2003 International Residential Code for one and two family dwellings as the Philadelphia Residential Code, under certain terms and conditions; 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 Councilman Mariano.
Thank you, that the Rules of Council be suspended so as to permit first reading this day of Bills No. 030682, 030772, 030773, 030774, 030775, 030776, 030777, 030778, 030779, 030780, 030781 and 030782. (Duly seconded.)
It has been moved and properly seconded that the bills just read be reported out of Committee with favorable recommendation and the Rules of Council be suspended so as to permit first reading this day. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The bills just read will be placed on today's First Reading Calendar. At this time the Chair recognizes Councilman Clarke for a report from the Committee on Labor and Civil Service.
To the President and Members of the Council of the City of Philadelphia, the Committee on Labor and Civil Service to which was referred Bill No. 030827, entitled an ordinance amending Title 22 of the Philadelphia Code entitled "Public Employees Retirement Code," by amending Section 22-305 relating to maximum benefit limitations imposed by the Internal Revenue Code; 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.
Somewhat out of order, Madam President, the Committee on Labor and Civil Service reports one bill with favorable recommendation.
Thank you. And the bill was read so, again, I will recognize you for a motion, please. THE
Thank you, Madam President. Madam President, I move that the be suspended as to permit first reading this day of Bill No. 030827. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030827. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and the bill just read will be placed on today's First Reading Calendar. That completes the reports from committees. Our next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 030767, an ordinance to amend Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Filmore Street, the County Line, and Oxford Avenue.
And Bill No. 030768, an ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by amending provisions relating to reconstruction of non-conforming structures, under certain forms and conditions.
And Bill No. 030769 an ordinance amending Section 19-1303 of the Philadelphia Code entitled Authorization to Offer Exemptions From Real Estate Taxes on Improvements to Properties, under certain terms and conditions.
And Bill No. 030825, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, under the Redevelopment Assistance Capital Program, under certain terms and conditions.
And Bill No. 030826, an ordinance authorizing the City of Philadelphia in cooperation with the Philadelphia Authority for Industrial Development, to undertake a project to promote the health, safety, and welfare of the residents of the City of Philadelphia supplementing the ordinance, Bill No. 980789, which establish the alternate funding mechanism, all under certain terms and conditions.
Bill No. 030742, the Commissioners of Fairmount Park and the Commissioner of Public Property on behalf of the City of Philadelphia to transfer two certain lots or pieces of ground situate in the vicinity of McNulty and Townsend Roads.
And Bill No. 030743, an ordinance amending Bill No. 990728, approved December 6, 1999, by extending the time for compliance with conditions until December 31, 2004.
And Bill No. 030785, an ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land situate in the northwest corner of the Roosevelt Boulevard and Southampton Road.
And Bill No. 030788, an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to purchase fee simple title to a certain parcel of land with the building and improvements thereon situate in the northwest side of Algon Avenue of Fox Chase Road.
Bill No. 030731, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 152 by striking from the City Plan and vacating Regent Street.
And Bill No. 030732, an ordinance authorizing the paving of Reserve Boulevard, Tuscany Drive and Capri Drive, under certain terms and conditions.
And Bill No. 030733, an ordinance authorizing the revision grades on a portion of City Plan No. 46-S of an area bounded by 20th Street, Pattison Avenue, Penrose Avenue and Hartranft Street.
And Bill No. 030734, an ordinance amending Section 2 of an ordinance, Bill No. 020429, approved November 13, 2002, by striking from the City Plan and vacating a triangle section of Harbison Avenue.
And Bill No. 030735, an ordinance establishing a "No Trucking Parking" regulation on Friendship Street between Dorcas Street and Algon Avenue.
And Bill No. 030736, an ordinance authorizing the striking from City Plan No. 178 and abandoning of a right-of-way for drainage purposes, under conditions.
And Bill No 030737, an ordinance to authorize the Water Commissioner on behalf of the City of Philadelphia to enter into an agreement with the owner of the property of 5400 City Line Avenue.
And Bill No. 030738, an ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners of the property located 8816 Ridge Avenue.
And Bill No. 030739, an ordinance authorizing Thomas Jefferson University to maintain an underground pneumatic conduit duct bank, under certain terms and conditions.
And Bill No. 030741, an ordinance authorizing the revision of lines of grades on a portion of City Plan No. 384 by widening Southampton Road.
And Bill No. 030784, an ordinance amending Chapter 10-700 of the Philadelphia Code entitled "Refuse and Littering," under certain terms and conditions.
And Bill No. 030682, an ordinance amending Title 10 of the Philadelphia Code entitled "Regulation of Individual Conduct and Activity," all under certain terms and conditions.
And Bill No. 030772, an ordinance repealing Subcode M, the Philadelphia Mechanical Code, of Title 4 of Code, under certain terms and conditions.
And Bill No. 030773, an ordinance amending Title 4 of the Philadelphia Code, entitled the Philadelphia Building Code, under certain terms and conditions.
And Bill No. 030774, an ordinance amending Title 4 of the Philadelphia Code entitled the Philadelphia Building Construction and Occupancy Code, under certain terms and conditions.
And Bill 030775, an ordinance amending Title 4 of the Philadelphia Code, all under certain terms and conditions.
And Bill No. 030776, an ordinance repealing Subcode F, the Philadelphia Fire Prevention Code, all under certain terms and conditions.
And Bill No. 030777, an ordinance amending Title 4 of the Philadelphia Code as the Philadelphia Energy Conservative Code, under certain terms and conditions.
And Bill No. 030778, the ordinance amending Title 4 of the Philadelphia Code, entitled the Philadelphia Building Construction and Occupancy Code, under certain terms and conditions.
And Bill No. 030779, an ordinance repealing Subcode B, the Philadelphia Building Code, under certain terms and conditions.
And Bill No. 030780, an ordinance amending Title 4 of the Philadelphia Code by modifying certain administrative and enforcement provisions, under certain terms and conditions.
And Bill No. 030781, an ordinance repealing Subcode E, the Philadelphia Electrical Code, under certain terms and conditions.
And Bill No. 030782, an ordinance amending Title 4 of the Philadelphia Code, of the Philadelphia Building Code, under certain terms and conditions.
And Bill No. 030827 an ordinance amending Title 22 of the "Public Employees Retirement Code," by amending Section 22-305 relating to maximum benefit limitations imposed by the Internal Revenue Code.
Thank you. 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 No. 010368AAA, Bill No. 030670, 030709 -
030709. I believe there's one on that's being called for consideration, Bill No. 030662A. Councilman Clarke, I believe we were told in caucus that was a go? .
Thank you, Madam President. I didn't have that. Thank you very much. So 030662A, then 030760, 030709, 030721 -
Okay. And then what's next? It's difficult following it on this.
030670, 030709, 030721, 030730, 030656, and 030771, in addition to the two mentioned earlier which were 010368aaa and 030662A. All these bills are being called up for second reading and final passage.
Thank you Councilwoman. The Clerk will please read the title of Bill No. 010368AAA. THE
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending 14-306 entitled C-7 Commercial District, by deleting certain uses from the list of uses that are permitted in C-7 Commercial District, all under certain terms and conditions.
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 14, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for No. 030662A. THE
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of City a deed authorizing the Redevelopment Authority to convey to the Mount Tabor Community Education and Economic Development Corporation without consideration the below described property for the non-profit housing development.
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. Council President I want to aye on this bill and want be excused from Council and leave votes of yes for the rest of the votes on Council, the bills whatever comes up today.
Aye. The ayes are 14, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill being called for consideration is Bill No. 030670. THE
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Second Street, Turner Street, Hancock street and Oxford Street.
This bill having been read on two different days, the question now is shall the bill pass finally. please call the roll. THE
Aye. The ayes are 14, 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. 030709. THE
An ordinance approving the Fourth Amendment of the redevelopment proposal for the Point Breeze Urban Renewal Area.
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 14, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. We will now consider Bill No. 030721. THE
An ordinance approving the Second Amendment of the redevelopment proposal for the Jefferson Square Urban Renewal Area.
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 14, 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. 030730. THE
An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by adding a new Section 14-1628 entitled "District Special Controls," all under certain terms and conditions.
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 14, 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. 030656. THE
An ordinance authorizing transfers in appropriation for Fiscal Year 2004 for the purpose of administering funds to distressed businesses affected by the Market Street Elevated Reconstruction Project, all under certain terms and conditions.
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 14, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The final bill being called for consideration is Bill No. 030771. THE
An ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the General Fund from certain or all City offices to certain or all City offices, departments, boards and commissions.
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 14, 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.)
Thank you, Madam President. I would like to extend an invitation to anyone who's able to join us on Monday, December 15 at 10 o'clock. We will be holding our finale for our warmth and winter collected close to 2,000 new hats, new mittens, new scarves and new gloves. And we will be offering them to the more than 36 shelters in our City. So if your scheduled permits, you're welcome to join us. Thank you very much
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam Chair. On Tuesday at 3:00, we have our yearly -- my main event, my homeless event, where we do anywhere from 1,000 to 2,000 homeless people throughout the City, we have our yearly dinner and we have our yearly toy for every kid. So we'll be 3801 Market, and we invite those who would like to participate or certainly volunteer to serve. Thank you.
Thank you. Are there any other speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, December 18, 2003 at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, December 18, 2003 at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. Thank you all very much. (Council adjourned at 12:05 p.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, December 11, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR