Stated Meeting, March 17, 2005

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING - COMMITTEE OF THE WHOLE Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 17, 2004, 10:05 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DAVID COHEN COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DI CICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 Stated - 3/17/05 P R O C E E D I N G S

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 Father Daniel Moriarity from the Nativity of the Blessed Virgin Mary Church. He is here today as the guest of Councilman DiCicco. I would ask all members and guests to please rise. (All rise.) REV. MORIARITY: Good morning.

Good morning, Father. REV. MORIARITY: Happy St. Patrick's Day to you. Stated - 3/17/05 Direct, oh, Lord, all our actions by divine inspiration, that every prayer and good work of ours may be always from You and by You be happily ended. Through Christ Our Lord. And now St. Patrick's prayer. Give us the faith that asks not why. We shall know God's plan by and by. Give us the faith that looks at pain and says t'will all be right again in time and eternity. Give us the faith that holds God's hand when things are hard to understand. Give us the faith to face our lives, with all its pain and wrong and strife. And then with the day's setting sun we'll close our eyes when our life is done. Our souls will go without a care, knowing that God is waiting there. May the peace of the Lord dwell always in your hearts, and in your homes. And may the Lord send his holy angels from heaven to watch over, to cherish, to protect, to abide and defend your hearts Stated - 3/17/05 and your homes. May the blessing of almighty God, the Father, the Son, and the Holy Spirit descend upon you and your families and remain with you forever. Amen.

Amen. REV. MORIARITY: May the divine assistance remain with all the souls of the faithfully departed, through the mercy of God. Rest in peace. Amen.

Amen. The Chair thanks Father Moriarity for his very inspiring remarks. Council will be at ease. (Pause.)

The next order of business is the approval of the Journal of the Meeting of Thursday, March 10, 2005. And the Chair recognizes Councilwoman Blackwell.

Thank you, Stated - 3/17/05 Madam President. I move that the Journal of the Meeting of Thursday, March 10, 2005, stand approved. UNIDENTIFIED VOICE: Second.

It Has been moved and properly seconded that the Journal of the Meeting of Thursday, March 10, 2005, stand approved. All favor will please indicate by saying aye. (Chorus of "ayes.")

Those opposed? (No response.)

The ayes have it. The motion carries, and the Journal of the meeting of Thursday, March 10, 2005, is approved. The next order of business is request for leave of absence. And again the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Stated - 3/17/05 A leave of absence today is requested for Councilwoman Krajewski.

Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill.

Madam President, on behalf of the Republicans, there are no requests for leaves 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 your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time the Chair recognizes Councilwoman Miller, who will introduce a group of students that are with us. Stated - 3/17/05

Thank you, Madam President. Today we have 20 seniors from Central High School that are members of the -(Cheers and applause.)

-- that are members of the Philadelphia Student Voices Group from the Annenberg Public Policy Center of the University of Penn. And they're accompanied by their social science teacher, Mr. Stan Levy. And they're in the balcony to my right.

If you would stand, we'd love to recognize you. (Applause.)

Welcome. Welcome. The Chair recognizes Councilman DiCicco, who will present a resolution honoring Bill Baldini. Mr. Baldini and those accompanying him, please join the Councilpersons at the podium.

Councilman Stated - 3/17/05 DiCicco is also going to be accompanied by Councilman Kenney, Councilwoman Tasco and Councilman O'Neill. COUNCILMAN DiCICCO: Thank you, Madam President. And by no means was this designed to have an Italian American being honored on St. Patrick's Day. It was just the luck of the draw, as they say.

Sure. I believe you. COUNCILMAN DiCICCO: Thank you. And good morning, everyone. Resolution honoring Bill Baldini for 40 years of accurate news reporting, in this dedication, to the City of Philadelphia. Whereas, Bill Baldini joined WCAU in 1964, and he currently reports for Channel 10 NBC Monday through Friday; and...

Whereas, over the years Mr. Baldini has been honored with many awards for his reporting, including Man of the Year for the Main Line Chamber of Commerce, the World News Film Award and the Radio and T.V. News Director's Association Stated - 3/17/05 Award for Public Affairs Reporting; and...

Whereas, Mr. Baldini has also been named newscaster of the year in 1998 from the 21 Jewel Square Club, and had also on first place in the Radio and T.V. News Director Association Award for his stories, Car Capers and the Russians are Coming; and whereas, in 1976, the Northeast Jewish War Veterans named Mr. Baldini Humanitarian of the Year and awarded him with a Sigma Delta Chi series The Russians Are Coming; and...

Whereas, Mr. Baldini was born and raised in Philadelphia, graduated from St. Joseph's University with a degree in political science, and served four years of active duty with the United States Air Force; and, whereas, with his wife Joan, Mr. Baldini has raised two children and still resides in the Philadelphia area; and... COUNCILMAN DiCICCO: Whereas, Bill Baldini dogged dedication to the City of Philadelphia, his passionate pursuit of the facts, and his incomparable integrity is Stated - 3/17/05 truly appreciated by this body and all residents of Philadelphia. Now, therefore, be it resolved that the Council of the City of Philadelphia honors Bill Baldini for over 40 years of accurate news reporting and dedication to the City of Philadelphia. Cosponsored by myself, Councilman Kenney, Council President Anna C. Verna, and signed by all members of City Council. Congratulations. (Applause)

The Chair recognizes Mr. Baldini for remarks.

First of all, I would like to thank you you all for inviting me here, after you named a drive after me, the Baldini Way, does have a nice ring to it. But seriously, as I look around here, I get a chill and a smile at the same time because I can't help but remember things like John B. Kelly snoozing right over there (Indicating). And then I remember Thatcher Stated - 3/17/05 Longstreth sitting there (Indicating) with argyle socks and that Princeton bow tie. And then there was Mayor James H. J. Tate giving an honor to the Philadelphia Orchestra's Maestro Eugene Ormandy. And he said, Eugene, you really have a nice band there. It was a classic. Also can't forget the time Councilman John Street and Franny Rafferty decided to duke it out right here (Indicating). And Frank Rizzo... I remember him when he was Franny Rizzo. Worked for the Philadelphia Electric.

He's still Franny Rizzo.

And I remember Jim Kenney. He worked for Senator Fumo. So, I go back a long time. And I also recall when President Verna first came here as a rookie. And how can I forget Jannie Blackwell when she worked for her husband Lucien? Stated - 3/17/05

Thank you.

But most of you are rather new, but you missed a lot. Over the years this Council has had its ups and downs, but I think it has had more ups than downs. And there are many pieces of legislation that made this City a better place to live. And how can I forget Councilman DiCicco? I remember him when he worked in Traffic Court. Yes, there have been many ups and downs, as I said, but there have been more good things than bad. And the one thing that I appreciate the most in this resolution are the words that say, you're an accurate reporter. For a reporter, that is the best thing anyone can say about you. Thank you. Thank you. It's been my pleasure. (Applause.)

Council will be at ease. (Pause.) Stated - 3/17/05

I should say one more thing. Just one more. Considering all this and all the things we've covered, I'm just shocked you guys still talk to me. (Laughter.) (Pause.)

Again the Chair recognizes Councilman DiCicco who will present a resolution honoring Isaiah Zager. Would Mr. Zager and those accompanying him please join the Councilman at the podium. Councilman DiCicco is being joined by Councilwoman Brown, Councilman Kenney and Councilman Kelly. COUNCILMAN DiCICCO: For those of you who may not be familiar with the name Isaiah Zager, I'm sure most of you through your travels throughout Center City and South Philadelphia and other neighborhoods have seen on buildings, in particular houses and office buildings, mirror art, the little blocks -- I see a lot of heads shaking. Well, the gentleman we're honoring Stated - 3/17/05 today is the artist who has created all that wonderful art throughout the City of Philadelphia. And for a while there -- If you're familiar, he has his studio residence on South Street between 10th and 11th. And for a while there, it looked as though the garden, the art garden, the mirror garden, was in jeopardy of being sold and demolished. We've had some very heated discussions about that, but we were able to, through a number of different ways, save that garden for future generations. It's a wonderful place. It attracts a lot of tourists. So again, for those of you once I mentioned the mirrors on the walls, you understood what we were talking about. A resolution honoring artist Isaiah Zager for his 35-year commitment to make Philadelphia a... How do you pronounce that word? What's the right way of pronouncing your word here? UNIDENTIFIED VOICE: Labyrinthine. Stated - 3/17/05 COUNCILMAN DiCICCO: Labyrinthine. I want to make sure. ...labyrinthine mosaic museum, and his dedication to saving Philadelphia's Magic Gardens; Whereas, Isaiah Zager was born at Philadelphia's Orthopedic Hospital in 1939, and received his bachelor of arts from the Pratt Institute in 1959...

And whereas, in 1959, Isaiah was introduced to the folk art environment of Clarence Schmidt's My Mirrored Hope in Woodstock, New York. In 1960 at the Museum of Modern Art he witnessed a ground breaking exhibition that included assemblages of artists like Pablo Picasso, Jean Dubuffet, Curt Schwitters, Antonio Gaudi, alongside untrained brickaleurs Clarence Schmidt, Simon Rodia and Joseph Ferdinand Cheval, that gave him the rationale to include their concepts as manifestations of fine art. At a crucial time in his life, Isaiah discovered the influences that allowed Stated - 3/17/05 him to begin his life's work and truly help transform the City of Philadelphia; and...

Whereas, Isaiah returned to Philadelphia's South Street in 1968, when much of the street and the surrounding area was blighted. Over the past 35 years, Isaiah's creativity and zeal has helped revitalize South Street and make it Philadelphia's second most visited tourist attraction; and whereas, adults and children, residents and visitors marvel at Isaiah's more than 73 different mosaic murals throughout the City, including the Painted Bride Arts Center, the Eyes Gallery Facade and Interior, the Clay Studio's entrance way, Church of the Crucifixion, St. Maria Goretti's High School, Robbin's Bookstore and the South Street Magic Garden; and...

Whereas, Philadelphia's Mural Arts Program has commissioned Isaiah to create a 729 square foot mural at the intersection of Berks and 20th Streets, that will transcribe the Stated - 3/17/05 Institute for Safe Families pledge, a writ recited by men with histories of family violence. The piece will be made up of porcelain, glass, ceramic and mirror, and will contain 742 letters, each of which will be constructed from an equal number of focal point tiles; and whereas, Isaiah and his work have been recognized throughout the world, with public collections located at the Philadelphia Museum of Art, the Pennsylvania Academy of Fine Arts, the Hirschhorn Museum in Washington, D.C. He has also received awards from the Pew Charitable Trusts, the National Endowment of the Arts and has been honored with residencies in India, China and throughout the United States. He and his work have been included in several books, and he has been the subject of magazine articles and publications all over the world. COUNCILMAN DiCICCO: Whereas, in 1994, Isaiah opened his studio at 1020-22 Stated - 3/17/05 South Street. At the time the adjacent property, 1024 through 26 South Street, was an abandoned lot littered with trash and inhibited by rats. With the owner's permission, Isaiah transformed the properties into what they are today, a wonderment of ceramic, mirror and glass. Whereas, in May 2004, the owner informed Isaiah that he would have to destroy the iconic Magic Garden or purchase the property. Isaiah began a grassroots campaign and gathered over 14,000 signatures to help save the property. Recently, Isaiah has formed a non-profit organization to raise money for the garden, but in the meantime he has mortgaged his own home in an effort to save this artistic treasure from the wrecking ball. Now, therefore, be it... Resolved, that the Council of the City of Philadelphia honors artist Isaiah Zager for his 35-year commitment to make Stated - 3/17/05 Philadelphia a labyrinthine mosaic museum, and his dedication to saving Philadelphia's Magic Garden. Presented by Councilwoman Anna C. Verna, introduced by myself, Councilwoman Blackwell, sponsored by all members of City Council. Congratulations. (Applause.)

The Chair recognizes Mr. Zager for remarks.

It's wonderful to see you all here. Please, come and visit, and see what Philadelphia has in its alleys and in that garden. Thank you. (Applause.)

Council will be at ease. (Pause.)

I'd like to say one more thing. Councilwoman Blackwell came to visit me, and was the first Council person to take a tour of my world. (Applause.) Stated - 3/17/05

The Chair recognizes Councilman O'Neill.

I'd like to introduce a group of seventh grade students from the Benjamin Rush Middle School. They are getting a first-hand lesson in lobbying, although a little more from a distance maybe than they expected. Of all the people that brought signs with them to City Council, I think they're at least equal to the best behaved. And they're here with their teacher, Diane Powers. I'd like everyone to give them a big round of applause.

If they would stand. (Cheers and applause.)

Welcome.

They wanted to know if they could cast that ninth vote on the smoking bill. (Cheers and applause.).

But I told them I didn't think they could. Stated - 3/17/05

At this time the Chair recognizes Councilwoman Tasco who will present a resolution honoring the Delta Sigma Theta Sorority and the Alzheimer's Association. Would Dr. Scott Orien Reed and Dr. Green please join the Councilwoman at the podium. Would all of the other Deltas please join the Councilwoman at the podium. The Councilwoman is also being joined by Councilwoman Miller and Councilwoman Brown, who is also a Delta, I'm told. The Chair recognizes Councilwoman Tasco.

Thank you, Madam President. I'd just like to say, before we begin, that we love and respect St. Patrick's Day, but when the Deltas call, we have to wear red and white. (Laughter and applause.)

Honoring and commending Delta Sigma Theta Sorority, Stated - 3/17/05 Incorporated, and the Alzheimer's Association for their work to educate and promote awareness in the African American community regarding the impact of Alzheimer's Disease. Whereas, the Philadelphia Alumnae Chapter of Delta Sigma Theta Sorority, Incorporated, and the Delaware Valley Chapter of the Alzheimer's Association have partnered to raise awareness regarding the incidence and prevalence of the Alzheimer's Disease and its impact on the African American community; and...

Whereas, the conference is free and open to the public, and its objectives are to improve understanding and increase knowledge concerning Alzheimer's Disease, its symptoms and risk factors in the African American community, to increase the probability of early detection and diagnosis of Alzheimer's Disease among African Americans, to increase access to resources and care giving techniques available in the Philadelphia community and to enhance access to culturally Stated - 3/17/05 competent community services tailored to address the needs of African Americans.

Whereas, the conference and similar events provide an opportunity for education and early detection of Alzheimer's Disease, which is a significant strategy in decreasing the devastating the devastating impact of the disease on the African American community; Whereas, African Americans tend to be diagnosed with Alzheimer's much later in the disease progression, and consequently many African Americans are not able to take advantage of the treatments that can improve the quality of life and even delay the onset of more severe symptoms; and...

Whereas, according to the 2000 census, African Americans constitute 43 percent of the City's population, yet African Americans represent as much as 45 percent of the Alzheimer's cases in Philadelphia. Now, therefore, Resolved by the Council of the City of Philadelphia that we Stated - 3/17/05 hereby honor and commend Delta Sigma Theta Sorority, Incorporated, and the Alzheimer's Alzheimer's Association for their work to educate and promote awareness in the African American community regarding the impact of Alzheimer's Disease. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 3rd day of March, 2005. Signed by President Anna Verna, introduced by Marian Tasco, Blondell Reynolds Brown and Donna Reed Miller, and supported by all members of City Council. (Applause.)

The Chair recognizes Dr. Green for remarks.

Who happens to be Derrick Green's sister.

Good Morning, Council. And on behalf of the Philadelphia Alumnae Chapter of Delta Sigma Theta Sorority, Incorporated, we are honored and pleased to be here this morning. Stated - 3/17/05 Not only is it wonderful to be recognized for something that we do as a benefit to the community, but also to see that our City Council not only understands but believes in our efforts. We are so pleased to have this conference coming up on March the 26th at Thomas Jefferson University, to benefit those who are interested in finding out more information about Alzheimer's, not only to benefit the City of Philadelphia, but to our community at large. Thank you again and a few words from our President. (Applause.)

Good morning. What you should know is that Delta Sigma Theta has been in existence since 1913, so 92 years. In particular, the Philadelphia Alumnae Chapter has been around since 1927. So 78 years we've been around providing service to the community, things such as the Alzheimer's Conference, our Juanita Kidd Stout Youth Empowerment Conference, our Stated - 3/17/05 S.A.T. prep workshops, and forums on mandatory minimum sentencings, and predatory lending. So, thank you so much for this honor. And it just makes us be willing to do even more for the community. (Applause.)

Thank you for all of your wonderful work. Council will be at ease. (Pause.)

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 any messages from the Mayor.

To the President and members of the Council of the City of Philadelphia: I am transmitting for the consideration of your honorable body a draft of a resolution approving the redevelopment contract and disposition supplement of the Stated - 3/17/05 Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal area, and an ordinance approving the second amendment of the redevelopment proposal for the 44th and Aspen Urban Renewal Area, and an ordinance authorizing transfers and appropriation for fiscal year 2005 within the Grants Revenue Fund from the Director of Finance to the Department of Public Property, and an ordinance constituting the fifth supplemental ordinance to the amended and restated general airport revenue bond ordinance, authorizing the Mayor and the City Controller, the City Solicitor, or a majority of them, to issue airport revenue bonds for the City of Philadelphia in a maximum aggregate and principal amount not to exceed $125 million, and an ordinance constituting the sixth supplemental ordinance to the amended and restated general airport revenue bond ordinance, authorizing the Mayor the City Controller and the City Solicitor or a Stated - 3/17/05 majority of them to issue airport revenue bonds of the City of Philadelphia in a maximum aggregate principal amount not to exceed $230 million.

Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.

That's all I have, Madam President.

Thank you. The next order of business is the introduction of bills and resolutions. And again the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction.

Do I hear a second? Stated - 3/17/05 UNIDENTIFIED VOICE: Second.

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 indicate by saying aye. (Chorus of "ayes.")

Those opposed? (No response.)

The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I have no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell. Stated - 3/17/05

Thank you, Madam President. Today I introduce three bills, two for the administration and three resolutions, one of which is on your behalf.

Thank you. The Chief Clerk will please read the title of the first bill.

An Ordinance approving the second amendment of the redevelopment proposal for the 44th and Aspen Urban Renewal Area.

The bill will be referred to the appropriate committee.

And an ordinance constituting the sixth supplemental ordinance to the amended and restated general airport revenue bond ordinance.

The bill will be referred to the appropriate committee.

And an ordinance constituting the fifth supplemental ordinance Stated - 3/17/05 to the amended and restated general airport revenue bond ordinance.

This bill will also be referred to the appropriate committee.

And a resolution urging the United States House and Senate to not pass the Bankruptcy Abuse Prevention Act of 2005.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move for the adoption of the resolution. UNIDENTIFIED VOICE: Second.

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

Those opposed? (No response.) Stated - 3/17/05

The ayes have it and the resolution is adopted.

And a resolution honoring the tireless efforts and tenacious commitment of the City of Philadelphia's block captains.

Again the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move for the adoption of the resolution. UNIDENTIFIED VOICE: Second.

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. Stated - 3/17/05

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 30th and 36th wards of the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move for the adoption of the resolution. UNIDENTIFIED VOICE: Second.

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

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. Again the Chair recognizes Stated - 3/17/05 Councilwoman Blackwell.

Thank you, Madam President. I'm requesting to be excused for the remainder of this session because I have a funeral to attend for one of my family members, Charles L. Blackwell, Lucien's oldest surviving brother, and the patriarch of the Blackwell family. Before I leave, I ask that I be recorded as voting aye on bills and resolutions, especially Resolution 050120 and Bill Number 050107, Councilman Clarke's legislation which calls for referendum on gun legislation. I would also like to be recorded as aye, especially on Councilwoman Clarke's slavery bill, Bill Number 040133. I also ask to be recorded as voting no on Resolution Number 040818, the proposed Charter change for ethics reform, and Bill Numbers 040771, the ballot question, and 040772-A, the pay to play legislation. I truly believe this legislation Stated - 3/17/05 will be more harm than good for minority-owned businesses and potential vendors. Finally, I want to be recorded as voting no on Bill Number 050063, the smoking bill. As you know, I am not a smoker but feel that this penalizes one group of Philadelphians to help another, which is against my philosophy. Finally, Madam President, I'd like to thank my colleagues, Councilman Kenney and Councilman Kelly for the lovely flowers, and wish you all a happy St. Patrick's Day. Thank you.

Thank you very much. And you certainly have our condolences on the death of your brother-in-law. (Applause.)

The Chair recognizes Councilman Cohen.

Thank you, Madam Stated - 3/17/05 President. I offer one bill.

The Chief Clerk will please read the title of the bill.

An ordinance enacting a new Section 14-310 of The Philadelphia Code, entitled, Predatory Super Stores and amending Section 14-102, entitled Definitions, Entitled Criteria for Granting Zoning Variances and Enforcement to Prohibit the Development and Construction of Predatory Super Stores.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.

Madam President, I have no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Tasco. Stated - 3/17/05

Madam President, I have no bills or resolutions today.

Thank you. The Chair recognizes Councilwoman Miller.

Madam President, I have no bills or resolutions.

Thank you. The Chair recognizes Councilman Nutter.

Madam President, I have one resolution.

The Chief Clerk will please read the title of the resolution.

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 38th Ward of the City of Philadelphia.

The Chair again recognizes Councilman Nutter. Stated - 3/17/05

Thank you, Madam President. I move the adoption of the resolution. UNIDENTIFIED VOICE: Second.

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. I offer one resolution.

Thank you. The Chief Clerk will please read title of the resolution. Stated - 3/17/05

A resolution urging the General Assembly of the Commonwealth of Pennsylvania to enact House Bill Number 377 which lowers the mandatory school age in Philadelphia from eight to six.

The Chair recognizes Councilwoman Brown.

I move for the adoption. UNIDENTIFIED VOICE: Second.

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

Those opposed? (No response.)

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

Thank you, Madam President. Stated - 3/17/05 I have no bills or resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.

Madam President, I offer no bills or resolutions.

Thank you. Is Councilman DiCicco in the room? (No response.)

The Chair recognizes Councilman O'Neill.

Madam President, I have no bills or resolutions.

Thank you. The Chair recognizes Councilman Clarke.

Thank you, Madam President. I have two resolutions, one co-sponsored by Councilman Cohen and myself.

The Chief Clerk will please read the title of the resolution. Stated - 3/17/05

A resolution also naming the Benjamin Franklin Parkway at the intersection of 16th and the Benjamin Franklin Parkway as Avenue of Remembrance.

The Chair recognizes Councilman Clarke.

Move for the adoption of the resolution. UNIDENTIFIED VOICE: Second.

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

Those opposed? (No response.)

The ayes have it, and the resolution is adopted.

And 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 Stated - 3/17/05 of the Model Cities Urban Renewal Area.

The Chair recognizes Councilman Clarke.

Move for the adoption of the resolution. UNIDENTIFIED VOICE: Second.

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

Those opposed? (No response.)

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

Madam President, I have no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo. Stated - 3/17/05

Madam President, no bills or resolutions.

Thank you. Since there are no reports from committees today, and no bills on the first reading calendar, the Chair recognizes Councilwoman Blackwell. She's not here? Oh, she left. I'm sorry. Councilwoman Tasco. For the purpose of calling up the bills on the second reading and final passage calendar.

Thank you, Madam President. Today Bills Number 040132. I'm sorry. Forgive me.

133.

0401233-A, 040772-A, 040818, 040771, 050064, 050120, 050107, and 050063 are being called up for second reading and final passage.

All other bills are being held. Thank you very much. I believe we have a number of visitors with us who are very much interested Stated - 3/17/05 in Bill Number 050063, and I had suggested that this bill be called up first. And it was the consensus that we do that. Therefore, I would ask the Chief Clerk to please read the title of Bill Number 050063.

An ordinance amending Chapter 10-600 of The Philadelphia Code entitled Public Places, Prohibited Conduct, by prohibiting smoking in public places and in the workplace and providing for penalties, all under certain terms and conditions.

This bill having been read on two different days, the question now is shall the bill pass finally? The Chair recognizes Councilman Nutter.

Thank you, Madam President. Madam President, this is a critically important issue in our City. It is a matter of significant public health concern. Protection of workers in the Stated - 3/17/05 workplace in this Council on many occasions has taken the right action to protect people in their work environment. There are many other items of legislation that we've approved over the years, whether they affect people here in Philadelphia, issues of national importance and sometimes international importance. When we look at the actions of this Council, with regard to what seems like so long ago, but twenty-some odd years ago, when this Council was one of the first to take action on such issues as anti-apartheid legislation, divestiture of our pension system, in order to protect the rights of workers. But closer to home, many other issues have come up and this Council has taken action. I respect deeply the views of many who have expressed concern about this particular issue, the concerns with regard to potential impact in any negative fashion. And all I've been able to say is, Stated - 3/17/05 one, that's not been the case in many other cities across the country, whether smaller than us, same size or larger. But second and more important, the protection of workers should outweigh those additional interests and concerns. We know that the toxins in the particular product are the subject of much of the discussion of smoking. Just about everyone knows, possibly with the exception of one of the witnesses that we had at the hearing... (Laughter.)

Everyone knows that second-hand smoke creates disease and can kill people. I don't think there's any dispute about the science in that particular regard. And when we know it, I think we're compelled to take action. We know it. Everyone knows it. Many other cities know about it. Many other states know about it. Many countries across the world know about this grave threat to public health. Stated - 3/17/05 And it just seems to me that under that set of circumstances, and all the discussion and all the debate, not just recently... For some have said, why now? This is a discussion that's been going on literally in this City Council for now five years in one way, shape or form. It seems to me that the time to try to take action is this moment. And whether Philadelphia is the first -- and certainly we will not be the last -- but we are slowly moving in that particular direction. And so, in an effort to protect workers, to create an environment that is welcoming to all, with no disrespect to anyone else who wishes to pursue their pleasure, the pursuit of your pleasure, though, should not negatively affect someone else's health. And that has been the fundamental premise of this particular issue for some time. So I would only ask, if not implore, on behalf of working people in this City, regardless of their socioeconomic status, or Stated - 3/17/05 type of employment, or where they may work, or what we might think of the particular place, or how it might impact someone, I would only ask that we think about the people, the people that we serve, the people who are responsible for us being here, and how we represent best their interests to the maximum possible extent that we can within our power. We have the power to change lives. We have the power to save lives. And other than our uniformed personnel, many of us in public service do not get that opportunity to literally save lives. And that's what this is about. And if we can do that, if we can do that and look ourselves in the mirror next day and know that we did the best that we could, it seems to me that that is the essence of public service. It is the reason that I came here, to help people, to protect people, to help them in a time of need. We don't get those opportunities very often. I think we have that opportunity today. Stated - 3/17/05 Thank you, Madam President.

Thank you, Councilman. (Cheers and applause.)

The Chair at this time recognizes Councilman Mariano.

Thank you, Madam President. It was never my intention in life to be the yin to Councilman Michael Nutter's yang. And everything he said makes a whole lot of sense. And this is an issue that's time probably is not today. And I think there's been enough said about this issue on both ways. And I could never ever hope to speak as elegant as he did about workers' rights. But he's totally right. Someone has to be doing that. And this Council will be doing that. We're just not going to do it today. We're going to take this bill -I'll be voting against this bill, as everyone Stated - 3/17/05 knows. I suspect this bill will be an eight-eight vote, and it will fail, and we will redraft this bill. We will make it comfortable. Because one of the things that the good Councilman said is, it's right; it's about all the people. Everyone has rights here: Smokers, non-smokers, workers, business people. And I could safely say that from the background I came back -- I came from. I'm proud of my union roots. I'm proud of the things we've done for workers' rights. I'm proud of the things that the union movement has done for the people in this City, this state, and this nation. But we cannot do it on the backs of the people who try to make a living in these public houses. There's a compromise here. And I've seen a lot of good compromises in this Council. And I know. I've talked with Councilman Nutter a heck of a lot more than I would have liked to in the last couple of weeks. Stated - 3/17/05 And not that I don't like him. It's just that when you talk to him, it takes 20 minutes. I'm about a five-second guy and it's over with. (Laughter.)

In all seriousness, Michael is one of the most studious people here. And again, he's right about this issue. Just not today and not on these people's backs. Again, I'll be voting against this bill, but with the climate in this City and this nation, this is a thing that's going to happen. So the people that I'm fighting for and the other people are fighting for have to understand: This will happen, and it will probably happen sooner than later. It's just not going to happen today. Thank you, Madam President. Thank you, Councilman Nutter.

You're welcome. (Applause.) Stated - 3/17/05

The Chair recognizes Councilman O'Neill.

Thank you, Madam President. Just a few years ago, I think it was about four, we engaged this issue, and it didn't have enough votes. I was one of the reasons it didn't have enough votes at that time. And I felt very strongly. I was kind of where Councilman Mariano is today. I had more reasons -- Even though I felt in my heart that it should happen, I had all kind of reasons why it shouldn't. One, there were too many exceptions in the bill. I still believe that the best thing about this bill is it doesn't pick winners and losers. It doesn't pick those that got in the door and had their voices heard. It is across the board, it is fair, it treats everyone the same. (Cheers and applause.)

I also feared four years ago that Philadelphia couldn't Stated - 3/17/05 afford to be the test case. We didn't have the kind of economy that I felt could weather that kind of test. That test no longer exists. This issue has been tested in much bigger places than Philadelphia, and it's succeeded everywhere it's been tried. So, the test case is not an issue for me. The border crossing, as I call it, the business issue, how many people will leave and go somewhere else, whether it be Bucks, Montgomery County, South Jersey, particularly an issue for me, with my district bordering Bucks and Montgomery County. I really feared for the small job, small business that was close to those areas. I no longer have that fear. I'm convinced that people in my district, for instance, who would go to Bucks or Montgomery County -- and this could apply to anybody leaving to go to another jurisdiction -- will chase more people from those jurisdictions in two acts, who will get away from what will now be a lot Stated - 3/17/05 more smoke that they'll have to deal with in their public places. And also, there's people who don't come to the places in the City because of the smoke that's there who don't have to travel anywhere. They already live in the neighborhood where the business is. (Cheers and Applause.)

And the worker issue is primary, primary. We don't go in to an office building... (Applause.)

...you don't go in an office building in the City of Philadelphia where you smoke, unless you go to City Hall, that is. But hopefully that will change in the near future. People have gotten used to it. Smokers know when you can't smoke where you work, and you know a lot more than you did 20 or 30 years ago about the danger, both to you and to others around you from your smoking, you have to step outside, you know there's a familiarity now with that. Stated - 3/17/05 Even our airport. It was going to ruin all the businesses in the airport. It didn't do that. People stepped outside. People will step outside at their corner bar. They're not going to go to the corner bar in Bucks County. They're not going to stay home. People don't say to their family, I'm going down to Joe's to have a smoke. They have their smoke in the house or wherever else they want. But they know there are many places, oftentimes their own house. How many people now see someone step outside their own home who smoked for years inside their house? (Applause.)

My wife has a placard in our house. It says, if you're smoking, you better be on fire. (Laughter.)

And it's humorous, but it's a nice way of sort of breaking the ice that, I don't have any problem with your habit. Just don't smoke Stated - 3/17/05 here. And America, I think, has as one of its foundations that we're pretty good about somebody's behavior that we may not enjoy. It could be loud music that people like to play or a variety of other behaviors that we may not particularly care for. But we try to draw the line where it imposes on someone else. And I think that, along with the worker issue -- Because the workers don't have a chance. They don't have a choice in this. And they should have a choice. It shouldn't be whether they have to earn a living and have health problems. It should be that they have a choice to earn a living. And I think most people, when it comes down to that, and that's why it's been so accepted everywhere else, realizes that the restaurant and the bar is the last place you can blow smoke in somebody's face and get away with it. You can't do it anywhere else. People are used to it. It's not a big Stated - 3/17/05 imposition. Maybe somebody will smoke less. Maybe somebody who's smoking just needs one more issue to drive them over the edge to quit it. I've had a friend tell me he doesn't think this is ever going to pass. But he said, you know, if it did and I couldn't have a cigarette in a restaurant or if I'm sitting in a bar, he said, that might drive me to quit, he said, because I really need something. I've tried everything else. (Cheers and applause.)

So let me mention one other thing. There's a few children upstairs, seventh graders. They don't smoke yet. VOICE FROM THE AUDIENCE: Hope they don't.

Along with young women, young people generally are the targets of the smoking advertisement because everybody else has been quitting in large numbers. It's not a bad thing for kids, Stated - 3/17/05 instead of seeing smoking glamorized, to see that you have to go outside to smoke, because everyone knows it's bad. (Applause.)

And it teaches them that at an early age, that it's not something you want to imitate. It's not something that makes you cool, as many of us grew up with the impression it was and many kids are today. But by and large, we're ready for this. It's time. It's going to put some people in a bad way. They're going to have to be the exception here because it's worked everywhere else. I don't think it's going to be any different here. I think there are too many good reasons to do it, and I'm not convinced of any of the reasons that are the bad reasons. Thank you. (Applause and cheers.)

Thank you. Chair recognizes Councilman Kelly.

Yes. Thank you, Stated - 3/17/05 Madam President. It's not often that I disagree with my minority leader, but in this issue I do. I think that I understand this bill, and I think it's commendable that the sponsors of the bill want to, I think, legislate a healthier Philadelphia. There's no doubt that smoking is a very, very nasty and dirty habit. But I think that what I would like to do is, I would like to see this done on a level playing field. In other words, we're always targeting Philadelphia businesses. I would like to see that if the State of New Jersey, if our surrounding communities of Bucks, Montgomery, Chester, Delaware County, if they all had similar legislation, then I would think I would entertain and I would be receptive to this legislation. But I think there again, I think that we're always targeting this business in Philadelphia. Right now it's the most regulated business in Philadelphia. They Stated - 3/17/05 have -- They have to work under, of course, guidelines by the State Police, by the -- by the District Attorney's Task Force, by the Department of Licenses & Inspections, by the Department of Health, by the Police Department, and now by this City Council, because we're going to dictate the type of customers that they can have in their establishments. I wouldn't mind seeing that if this was -- if this was a statewide situation. I think I could go along with it. In fact, what I would like to see is, those people who were coming around the corridors of City Hall for the last few days or last few weeks, if they would go up to the corridors in our State Capitol in Harrisburg and try to get them to pass similar legislation. But right now I think it's time that we give some kind of relief to the tavern industries, to the restaurant industry, who really had to swallow a hard pill a few years ago when we created the ten percent over-the-drink tax. Stated - 3/17/05 And I think that with all of the things that they have endured over the years, I think now -- And I agree with Councilman Mariano. Now is not the time to put this bill in effect. So, therefore, Madam President, I am going to be voting no against this legislation. And I hope that all of my colleagues will agree with me and vote similar.

Thank you, Councilman. (Applause.)

Councilman DiCicco, your light was on. COUNCILMAN DiCICCO: No.

No? Okay. At this point I would ask the Chief Clerk to please call the roll. The Chief Clerk will please call the roll.

Councilwoman Blackwell voting no.

Councilman Clarke. Stated - 3/17/05

No.

Councilman Cohen.

Aye.

Point of order, Madam President.

The Chair recognizes Councilwoman Tasco.

I think Councilman Nutter has a point of order.

I'm sorry. I didn't see his light on. Councilman Nutter.

Thank you, Madam President. I didn't realize -- I'm sorry I was out of my seat, and I didn't realize you were starting to proceed. I wanted to make a couple few... That would be interesting if you could make a couple few comments. I'd like to make a couple of last comments. So, I don't know how you're going to handle... I know you started to vote. Can we...

I think that's your call. I don't think there's Stated - 3/17/05 anything that would prevent you from saying a few more comments about the bill.

I appreciate it. I want to go back to one thing. And my good colleague from the at-large, Councilman Kelly did make reference to the issue of when or that now was not the time. And this is not meant in any argumentative sense. But I think we know over history... And this matter will not measure up to some other historical matters that I could possibly go into, but in public service and especially in legislative bodies, there has always been the argument of when, which is usually then followed by now is not the time. For some of us, if at that time now is not the time, some of us would not be sitting in these chambers. (Applause.)

Now is not the time has often been used as a way of delaying certain actions. And I understand that. And I'm sure that that is not the Councilman's Stated - 3/17/05 intentions. But when is the time to look out for workers? When is the time to enact good public health policy? We've seen it time and time and time again. There was a time when it was okay to have asbestos in the workplace. And then someone decided that now was the time to protect workers from such a danger. So, I would only suggest that now is the time to try to look out for workers, to do the best that we can to continue to work together on these issues, but we know that there is a danger to workers in the workplace. We know that these toxic chemicals do exist. And we heard many of these same arguments over ten years ago. And the Councilman made reference to liquor by the drink tax. I was here for that. It was going to put people out of business. It was going to cause horrific harm to the industry. Again, as I said the other day, the facts are Stated - 3/17/05 liquor by the drink revenues are up 50 percent over that ten-year period of time. So, in many instances the fear and the doubt, the cataclysmic conclusions have not come true, and life has gone on, and people have made adjustments. And so, I just think it's important to point out for the record that we have this situation. There is a time to do it. And certainly, the time comes when this Council must take action. So, I only suggest, Madam President, that now would be the time.

Thank you. (Applause and cheers.)

I know that the roll call had been started. However, I notice that Councilman Cohen now has his light on. If no one has objections, we will at this time recognize Councilman Cohen.

Thank you, Madam President. I think it's good that we describe Stated - 3/17/05 this bill as a bill that is a workplace bill to protect workers. But to me it's far more than that. Important as workplace rights always are to me, it seems to me we're dealing with a matter of life and death of many people. And why there's this hesitation, I don't know. And if this isn't the time to save lives, I don't know whether or whenever there would be a better time. (Applause and cheers.)

I've noticed over the years, as the debates have strengthened and all of the reasons given by smokers -And I was a heavy four-pack-a-day smoker in my time. I know that the restaurants have much less smoking today than they ever did, because people have decided they wanted to live and not die. And by the people I mean not just the workers, but those who make the businesses alive, the customers. There's much less smoking not because of the law but Stated - 3/17/05 because of the fact that people have learned. Now it's time to apply what we've learned to those people who in this case seem to be slow learners, people who are willing to risk their lives... (Laughter and scattered applause.)

...every time they go out to a restaurant. I think the reason is the statistics are so clear that when you have general no smoking, all businesses improve economically because, there's a vast body of people who quietly express their support for the non-smoking ordinance by not going to a restaurant because they would go to a restaurant or to a tavern to enjoy wine, maybe a shot of whiskey, and good food, but they don't feel it's fair to risk their lives or their children's lives. So, let's dispense with the silly arguments about the fact that it hurts business. It doesn't hurt business. What hurts me -(Applause.) Stated - 3/17/05

What hurts me is that in this country the laws yet permit, though I don't think they will for much longer, a tobacco company to go on the air and to regularly talk on T.V. about smoking is bad for your health -- we have to tell you that -- but we are producing tobacco cigarettes, cigars and other things. And we want you to buy it. We want you to live a shorter life than you otherwise are entitled to. It makes no sense. I think it's not only a question of choice. I think we've been so delicate for so long to smokers that it's time to get tougher and to say, what you do in the privacy of your home may be your own business, but you don't have a right to go around and keep other people from visiting restaurants and taverns because of their health concerns, nor do you have the right to, when you go to restaurants and taverns, to make the air impure and make it unsafe for others. (Applause and cheers.) Stated - 3/17/05

Why are we passing the buck and being so nice to people who insist on their being able to smoke at a time when it may cause other people serious illness or death? I don't understand why we're being so polite. And I say I speak as a smoker. I challenge anybody here to out-surpass my past smoking history of four packs a day. I was the only one during World War II in Dutch New Guinea who was able to walk into a shower smoking a cigarette, complete the shower, walk out, and still smoking the cigarette. (Laughter.)

So I have earned my points as a smoker, and did that for many years. But I think it's time -- I haven't smoked now in 35 years. And I managed to survive. But would I have had I continued at that rate of smoking? I don't know. But I think it's time to stop being so nice and so polite to smokers. Stated - 3/17/05 They have a right, if they want to pursue the habit, to kill themselves. Nobody's saying you've got to stop smoking, but what we are saying is, you have no right to go out and pollute the public areas and endanger the lives of other people who choose to eat or drink at taverns and restaurants without being threatened with serious illness or death. Thank you. I think this -(Applause and cheers.)

-- is the time. I must say I have not heard a single good reason for us not to move today. I will, however, say this: I think having been a past smoker, it's probably difficult to make the final decision. And if a little delay would help them... But I think the time has got to be this session of City Council. If not today, it certainly must be done sometime between now and when we recess for the summer in June. Thank you very much. (Applause.)

The Chair Stated - 3/17/05 recognizes Councilwoman Tasco. Councilman DiCicco, can I see you a moment, please?

My light was on by mistake.

Excuse me. Councilwoman Tasco, your light was on. Did you want to be recognized?

No, Madam president.

Madam President.

Yes, sir. I was going to recognize you now. Councilman Rizzo.

We all know in this legislative body -- and I've been doing the arithmetic -- that eight-eight, the legislation fails. I'm in support of this legislation. I think the worst thing that can happen today, that we vote on this legislation; it fails. So, I'm going to ask the sponsor of this legislation to hold this legislation Stated - 3/17/05 today because I think it would be more damaging. And I support this. I planned to vote yes for this. But I can tell you that if we voted -- if it goes to a vote, and it's a tie vote, it fails. So, I'm encouraging the sponsor of this legislation to consider just delaying this or doing whatever is necessary to hold this vote today. And let's work on it. Let's see if there's some amendments that would be acceptable to the sponsor, but the last thing I'd like to see happen today is that this legislation fail. Thank you, Madam President. I don't know if the sponsor was here to hear that, but I hope he did.

I would ask the Chief Clerk to again start with the roll call.

Madam President.

Yes, Councilman Cohen. I'm sorry. Your Stated - 3/17/05 microphone is not on. We can't hear you.

I don't know where Councilman Nutter is, but he probably had to go for some urgent call. But as almost the second sponsor of the bill, because I've told Councilman Nutter on many occasions I thought it was time for the bill to move. And if he wasn't going to move it, maybe I would try to move it. I would accept the request made by Councilman DiCicco, with the one limitation that it's my view that this session of Council, between now and mid June when we recess, has to face this decision. And I urge those who are ready to vote no today to reconsider and join the growing number of Americans saying, it's time to end this menace. Let's stop curing tobacco, let alone smoking it in the wrong places. So, I favor very much this extension of time. And I know that Councilman Nutter, I feel confident would also support this motion by Councilman Rizzo. When I mentioned Stated - 3/17/05 Councilman DiCicco is requesting the delay, it was Councilman Rizzo.

The Chair recognizes Councilman Nutter.

Thank you, Madam President. Madam President, while I was out of my seat and was engaged in other conversation, I'm aware of comments made by Councilman Rizzo with regard to the matter before us. There have also been other conversations with members on the floor, who are both supporters and non-supporters. In view of those conversations, and notwithstanding the previous action, based on the comments from Councilman Rizzo and other members, I would request at this time that we hold the matter. (Groans.) We will be back in session. We will be back in session very shortly. And at our next session, Madam President, I would expect that this Council will take one of two Stated - 3/17/05 actions: We will either make adjustments or we will vote the matter at our next session. Thank you, Madam President.

You're welcome. At the request of the sponsor...

Madam President.

Yes. The Chair recognizes Councilman Kenney.

I concur with Councilman Nutter's statements.

Councilman, just a moment, please. I think you deserve a little more respect than you're getting.

I concur with Councilman Nutter's recent comments. I would, however, request that we don't lock ourselves into a week. I think that everybody wants to get to a place where everybody's comfortable, and that we accomplish the mission of the bill, but I don't know if it can be done in a week. And I just don't want to lock us into that Stated - 3/17/05 one. I don't want to drag it out forever, but I just think seven days may not be enough for our discussion. So, I'd just rather leave it open ended, with the idea of getting it done as soon as possible. Two weeks.

Councilman Nutter.

Thank you, Madam President. I appreciate the comments of my colleague. Due to the nature of our calendar, we are next in session on the 31st. That gives us actually two weeks. Under the circumstances, I would at least submit, based on the many discussions, that is more than enough time for to us try to figure out either one solution or the matter will then be back before us, and we should then just vote on the bill. So either make adjustments or vote the matter and take action.

Thank you, Stated - 3/17/05 Councilman. Councilwoman Tasco, your light is on. Did you want to be recognized?

Yes. I'd just like to say I concur with Councilman Kenney. And I'd say to the supporters of this bill that sometimes you have to kind of like wait till you know the time is right. And if Councilman Mariano said today is not the day, we might be, somewhere down the line, getting there. But in the end, as he said, we will get there. And as a supporter of this bill, I do support Councilman Nutter in holding it until further deliberations and considerations can take place.

Thank you. The Chair recognizes Councilman Mariano.

Thank you, Madam President. Councilwoman Tasco pretty much beat me to what I was going to say. But I have to agree with Councilman Kenney. Stated - 3/17/05 Next week is Easter weekend. I know some people may be going to, like, the southern council chambers in Miami. Not myself but a few other people. Councilwoman Tasco won't be. So, if we lock ourselves into two weeks. I mean, I'm ready to vote today. Some people are; some people aren't. So, we're willing to delay it, because we want to make a compromise and make everyone happy, if that's possible. But two weeks... It might not happen in two weeks. I just want everyone to be aware if it's three weeks or four weeks, it's still going to be happen. It's not going to be two years, but it's going to be... We don't know how this is going to go. It should go one way, but let's see. Just want to make that clear.

Very well. Thank you. The Chair recognizes Councilman Rizzo.

Thank you, Madam Stated - 3/17/05 President. I want to thank Councilman Nutter for accepting my recommendation on this very, very important legislation. And I believe if we have a bit more time, we can work on this and get it to where it's acceptable. Thank you.

You're welcome. The Chair recognizes Councilman Nutter.

Thank you, Madam Chair. In the realm of possibly speaking a little too quickly, recognizing that we are coming up on a religious holiday situation, which is the reason that we're not in session next week, but also recognizing some of the schedules of colleagues, I would amend my earlier comments to say that I would at least seek that we take more immediate action, with no particular -- I talked about the 31st. I know that's the session that we're next in on. But my only efforts there was to try to Stated - 3/17/05 put some sense of a end date somewhere between now... I like it to not be somewhere between now and infinity. So, somewhere between now and a relatively short period of time, whatever that time might be, but relatively short, out of respect to the people who care about this particular issue, and those who I know care about it but may not be able to support the matter in its current form, I would only ask my colleagues, to the extent that they are interested and available, that we get as much information as possible about their concerns and seek to resolve this matter once and for all in a respectful time frame. Thank you, Madam President.

You're welcome. So if there is no objection, the sponsor of Bill Number 050063 has requested that it be held. If there is no objection, that request will be abided by. Councilman Cohen.

I was waiting for Stated - 3/17/05 you to finish.

Okay. I'm now -

You may be taking -

I beg your pardon?

You may be resolving my question by your next few words.

What is your question?

Well, I wanted to know what Councilman Nutter proposed. He has an absolute right as sponsor of this bill to withdraw it from consideration today. That's all that's needed, and that's what ought to be done.

And that's what we're doing.

I don't know why we're fooling around.

And that's what we're doing, sir.

Yeah. That's Stated - 3/17/05 what I thought.

Okay. Fine. (Laughter.)

Councilman Clarke, your light is on. Did you want to be recognized?

Yes, Madam President. Madam President, because we started a roll call, I think I was recorded as voting no.

I know. And the roll call certainly will be deleted, in view of the sponsor's request.

Thank you.

Thank you. Okay. The next bill to be called for consideration is Bill Number 040133-A. I would ask the Chief Clerk to just wait a moment. We will wait until our guests leave. (Pause.)

I would Stated - 3/17/05 ask our visitors to please leave as quietly as possible. Again, I'm going to request that the Chief Clerk please read the title of Bill Number 040133-A.

An ordinance amending Section 17-104, entitled Prerequisites to the Execution of City Contracts, by adding a new subsection entitled Slavery Era Business Corporate Insurance Disclosure and recodifying Section 17-104, by incorporating various technical changes, 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 Chief Clerk will please call the roll. Yes, Councilman Kenney.

Yes. About this, I was waiting. I thought that perhaps one of the co-sponsors of the bill was going to say a few words. But I wanted to just go on record as Stated - 3/17/05 to thanking them... Could I have a moment? I would just like to read a little something for the record that I think is important to have said before we vote on this bill.

Very well.

I think --

Councilman, just a minute, please.

I think that the sponsors of the bill should be commended for their effort. And I know they've taken a little hit recently in some of the editorial pages. But I just think it's very important and I think it's and right and necessary that we disclose and acknowledge this great tragic sin of our nation which is slavery. The economy of our nation, the distribution of our wealth, is in many ways rooted in the practice of slavery. Corporations should disclose their involvement in slavery despite how long ago their company was involved. Some people say that this tragic sin happened so long ago Stated - 3/17/05 that we should just get over and it move on. And I think that's wrong. I think that's wrong. We will never get over it. The sin was too great. But we can begin to try to -

Councilman Kenny, just a minute, please. The noise level is much too high. Anybody having private conversations, I suggest you do it in the corridor.

Thank you, Madam President. I believe that corporations should disclose their involvement in slavery, despite how long ago their company was involved. Some people say that the tragic sin happened so long ago, people should just get over and it move on. That is wrong. We will never get over it. The sin was too great, but we can begin to try to redeem our nation by facing this issue, acknowledging the wrong, and trying to study how we try to make amends. Stated - 3/17/05 If that means the study of the issue of reparations in whatever form, then so be it. We made reparations, rightly so, to Japanese Americans wrongfully held during World War II. American slaves were held longer, treated harsher, had their families divided, and America built a strong economy on their backs. The only way to have the information necessary to try to redeem this sin is to have disclosure from corporations that were involved. (Applause.)

Now, some people say, we weren't here in America then. We never held slaves. We are not responsible. That's true. But when we came here, the economy of our nation was already firmly established through slavery. And since we are all Americans, we are still responsible for its redemption. It is important for legislation like this to face ourselves, to try to redeem our Stated - 3/17/05 nation. And unless we try to do so honestly, it will never happen. And this is a step in the right direction. And I think it's important for non African American elected officials and others to stand up and say things like this, so that we can face this problem and try to make whatever amends we can for what happened in our country's history. And I commend the sponsors for the bill, and I'm proud to vote for it. (Applause.)

Thank you. The Chair recognizes Councilwoman Brown.

I thank you, Madam President. I simply wanted to say a huge thank you to my colleague, Councilman Jim Kenney for his remarks. They need to be underscored, capitalized with exclamation points. And I do want to thank my co-sponsor of this bill, Councilman W. Wilson Goode, and Stated - 3/17/05 to acknowledge ATAC, Avenging The Ancestors Coalition, strong supporters of this piece of legislation. Thank you, Madam President.

You're welcome. (Applause.)

The Clerk will please call the roll. The Chief Clerk will please call the roll.

Councilwoman Blackwell voting aye. Councilman Clarke.

Aye.

Councilman Cohen.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney. Stated - 3/17/05

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

She's not in the room.

Councilman Nutter.

He's not in the room.

Councilman O'Neill.

Aye.

Councilman Ramos.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye.

Ayes are 14. Stated - 3/17/05

The nays are zero. A majority of all members having voted in the affirmative, the bill passes. (Applause.)

Is Councilman Nutter in the room? (No response.)

Madam President.

Councilwoman Brown.

While we wait for our colleague, Councilman Nutter, I would also like to acknowledge N'COBRA, another important organization here in our City that had an active voice offering testimony on this legislation. I thank them as well.

Welcome. Councilwoman Brown, would you like to cast your vote on Bill Number 0413 -- I'm sorry. 040133-A? Oh, I'm sorry. Councilwoman Miller.

I'm voting Stated - 3/17/05 yes. Aye.

So the record will reflect at the moment the vote is 15 to nothing. At this time I would ask the Chief Clerk to please read the title of Resolution Number 04 -

Madam Chair. Madam President.

Yes, Councilman Nutter.

Madam President, I apologize. I was out of my seat. I believe there was a vote that just took place on... I believe this is actually Councilwoman Reynolds Brown's bill.

Bill Number 040133-A.

Yes. Madam President, I wish to be recorded as voting aye.

Very well. The record will so reflect that. Again, I would ask the Chief Clerk Stated - 3/17/05 to please read the title of Resolution Number 040818.

A resolution proposing an amendment to the Philadelphia Home Rule Charter, relating to City leases, contracts, concessions and the provision of financial assistance, and providing for the submission of the amendment of the electors of Philadelphia.

The Chair recognizes Councilman Nutter for a motion.

Thank you, Madam president. Madam President, I move the adoption of the Resolution. UNIDENTIFIED VOICE: Second.

It has been moved and properly seconded that Resolution Number 040818 be adopted. Since Resolution Number 040818 proposes an amendment to the Home Rule Charter, it requires the approval of two-thirds of the members of this Council. At this time I would -- Councilman Stated - 3/17/05 Nutter, your light's on.

Thank you. Yes, Madam President. I only put my light on because at the appropriate time I just wanted to speak on the matter, but you were speaking.

Well, I think we're ready for the roll call. So, if you want to speak on it, I believe this would be the appropriate time.

This might be the time. Thank you, Madam President. Madam president, this particular resolution, which is a proposed amendment to our Home Rule Charter, is for the purpose of giving this Council the authority to legislate in the matter or in the area of contracts as well as concessions, and provides new definitions for what is or is not a one-year contract. That is the purpose of this particular amendment. There is, of course, a bill that would implement some of those Stated - 3/17/05 items. But on this particular matter the Charter change... I don't want to say merely, but the action of the Charter change is to allow for Council to legislate in a particular area. This is not the legislation, but gives this Council the power to legislate in this regard. And I just wanted to make sure that that distinction was clear. There is another -- There is a bill that deals with what those powers are and any process that might be created under this particular measure, but this is not the legislation that puts those procedures or provisions into place. And so, I would ask for support for this resolution, to at least get a question on the ballot, and allow us to have the authority to legislate in a particular area. We can certainly continue a discussion, if not a debate, on what that legislation should be. But I certainly believe, at a minimum, we should seek to enable a change to the Charter, to give us Stated - 3/17/05 the power to legislate in the particular area and put a question on the ballot. Thank you, Madam President. (Applause.)

You're welcome. Chair recognizes Councilwoman Tasco.

Thank you, Madam President. I am going to vote no on this resolution. And while it does give the public a say in what we could or could not do, I am mindful that there is another bill on the agenda that would lay out those powers. And I do not support what is in that legislation. And the reason I'm going to speak on that, so people -- I don't know whether that legislation comes up, depending on how this resolution fares. I want people to understand where I'm coming from, relative to all of this. And what I'd like to say is that as we move forward to our efforts to eradicate Stated - 3/17/05 the pay-to-play culture that has marred our City, we must enact reforms that address the root of this problem. In this regard, we must be careful that we do not adopt legislation that creates negative and unintended consequences, that will have a detrimental effect on Philadelphia's vital institutions that are not part of this problem. Although I commend Councilman Nutter in his exhaustive efforts to address this issue, I am concerned that these institutions will be negatively affected by the proposed legislation that may come up. And we have not had an opportunity to provide input into the discussion regarding ethics reform. If the proposed bill is called which will be allowed if this resolution is passed, non-profits, particularly in the health and human services community, will have to participate in an annual process which may be subject to Council approval by ordinance to provide professional services contracts. Stated - 3/17/05 Through this process, we risk harming the very constituents that these non-profits were formed to help. For example, and adolescent that was receiving behavioral health services in the Northwest may decide to stop receiving these services because he or she is unable to go to the new service provider based in West Philadelphia or some other place. And since the provider provides that -- that provider was providing multi services to the adolescents, he would not be providing this service. And it creates a non-continuity of services. Considering these issues and concerns, a broad discussion should be held regarding reform, so that the various entities and organizations in our City that will be affected by this legislation can have some input into the process. We spoke to Craig Hollman, who has been quoted a number of times in the local press, that this would be the best and the strongest campaign finance law. Stated - 3/17/05 He stated, and I quote, that pay-to-play really focuses on the for-profit business community. And I concur and believe that our reform should focus on the types of businesses that are at the heart of Federal corruption trials, and not at the non-profit corporations that are far removed from this type of fraud. So, that's why we voted on this resolution because it enables the Bill 040772, if passed.

Thank you. The Chair recognizes Councilman Cohen.

I have a question of Councilman Nutter. I did not understand that a resolution could authorize Council to have no powers. I believe it has to be a bill. So I would appreciate if you would explain what legislation is being presented today, in whatever form he wishes to, so that everybody understands what we're doing.

Sure. Stated - 3/17/05

Why are you presenting a resolution when we don't know what action is going to occur on a bill that the resolution controls?

Very well. The Chair recognizes Councilman Nutter.

Thank you, Madam President. Thank you, Councilman Cohen. In response to your question, as I know the Councilman is quite well aware, in order to amend the Philadelphia Home Rule Charter in accordance with the state statute, the changes to the Charter are made by a resolution. The provisions to enact law are in the bill that will come up later. That's, I believe, 040772. But as the Councilman knows, in order to get a question on the ballot, in order to amend the Home Rule Charter, there is a bill for the question -that's 040771 -- there is a resolution that's required to change the Home Rule Charter, as Stated - 3/17/05 we have in the past. That's Resolution 040818. 040818 is the matter that's in front of us right now. It is the resolution to propose changes to the Philadelphia Home Rule Charter which then allow for Council the authority to legislate, with regard to the issues of contracts or concessions, and provide a new definition for what is or is not a one-year contract. So this is a proposed change to the Home Rule Charter, and it must be done by resolution. There is a bill that then puts a question on the ballot that allows that resolution to go into effect.

Well, does the resolution authorize anything to be printed on the ballot?

No.

Does this resolution authorize?

No. Councilman, there is a Bill 040771 which contains the actual ballot question. Stated - 3/17/05 Passage of that bill will put a question on the ballot. But you also have to have the resolution passed as well. You can't have one without the other.

Well, doesn't -What needs the 12 votes?

The resolution. Any change to the Philadelphia Home Rule Charter requires a passage of a resolution by two-thirds vote.

And what you're proposing, you're proposing for action today to see whether or not there will be 12 votes. Is that it?

You have to have 12 votes for it to go forward, Councilman.

Okay. Thank you.

You're welcome. The Chair recognizes Councilman Goode.

Thank you, Madam President. Stated - 3/17/05 All the debate has started on Bill 040772. It's my understanding that we're actually voting on the Charter change legislation first. And I don't necessarily understand why any member of Council would not give us the power to deal with this issue, whether they agree with the provisions of Bill 040772 or not. I do accept what Councilwoman Tasco said, that she's against the Bill 040772; therefore, she will be against this resolution. So, not to speak too early on Bill 040772, but to address some of the comments she made, I agree with some of the opponents of this legislation that you can't legislate morality. But nonetheless, I do strongly support this measure and will be voting in favor of it. While we can't legislate morality, it is our responsibility as lawmakers to craft and enact rules and regulations to Stated - 3/17/05 promote fairness, equality and a level playing field. Without a favorable action today, there will remain an unethical status quo in the City, that did not begin with this administration, but must end now. The business of awarding no-bid contracts has been politicized and corrupted by not limiting campaign contributions in the process. Reform of this process is threatened today by discussion of the impact on no-bid contracts for non-profit organizations. That is disturbing to me. Today I speak as a former co-chair of the Greater Philadelphia Chamber of Commerce Non-profit Council and as a former Director of Non-profit Development for the City's Commerce Department. I know from experience the good and the bad about non-profits. Non-profits should not be put on a pedestal because of their stated charitable missions. As I said, I know both the good and bad. Stated - 3/17/05 Too many non-profits hide behind the label of charity and seek to maintain a similar unethical status quo. While they don't actually technically derive profits from their social service community development work, they financially benefit from the economically disadvantaged. They pay themselves what they want. They contract with whom they want. They don't always seek to change the condition of the population that they benefit from. Too many are, simply put, poverty pimps, poverty pimps hiding behind a charitable label, poverty pimps that don't practice inclusion and diversity in who they hire and who they gave contracts to, hypocrites. Not all, but far too many. We cannot hold up this reform process for them. In fact, Councilman Nutter has already amended this legislation to allow us to sort out what no-bid contracting needs to be done with non-profits and what doesn't. Particularly for the many that don't Stated - 3/17/05 practice economic inclusion, why should they receive no-bid contracts to provide services to the economically disadvantaged? There is a lot of reform that needs to take place in the City. Let's move forward. Maintain the status quo often means maintaining economic disadvantage. Why not make rules for new non-profits, led by women and people of color, to compete or even for-profit entities led by women and people of color? It's their tax dollars, too. At the heart of this issue for me is an absolute level playing field economically. I'll be voting yes, and in doing so and in commenting on Councilwoman Tasco's comments, will also say she has absolutely be a champion, in terms of exposing the lack of competition, in terms of social service contracts. Thank you.

You're welcome. Is there anyone else to be Stated - 3/17/05 recognized? The Chair recognizes Councilman O'Neill.

Yes, Madam President. Thank you. This may be our only chance to speak on this legislation today, I understand, if the resolution does not get 12 votes. And I just think it's imperative that we not walk away from this chamber without having enacted pay-to-play legislation. The ability -- And I think Councilman Goode stated it perfectly. I would hope that even if someone were against the particular bill and felt it needed amending later or felt there was some problems with it, would at least give the Council the right to vote on that bill. And so I hope people even thinking in the negative on the bill would consider voting for the resolution. This is something whose time came yesterday. And I believe we have to send a Stated - 3/17/05 message out, send it as loud and clear. If there is something in a non-profit area that we haven't done, that can be dealt with later. That's a tiny issue, not a small issue. It's a tiny issue. But let's also not look at non-profits as if they aren't big business because many of them are much bigger business than we traditionally think of our for-profits. And to think that they're not out in the world in many cases trying to do or doing the same thing as those for-profits that we all agree on, I think is just missing reality because for-profit sometimes is just a figure of speech for the tax return when the I.R.S. gets your return at the end of the year. But I think we have to send a message loud and clear. And I think the perfect time to do it is while the matter is going on as we speak and will be going on for the foreseeable future at 6th and Market, that we tell the public that we're going to deal with this, and we're going to deal with Stated - 3/17/05 it in a very strong way. Thank you.

You're welcome. Does anyone else wish to be recognized? (No response.)

Seeing no one, I would ask the Chief Clerk to please call the roll. The Chief Clerk will please call the roll.

Councilwoman Blackwell voting no.

Councilman Clarke.

No.

Councilman Cohen.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Kelly.

Aye. Stated - 3/17/05

Councilman Kenney.

Aye.

Councilman Mariano.

No.

Councilwoman Miller.

No.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ramos.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

No.

Council President Verna.

Aye.

The nays are 5. The ayes are 11. The resolution fails. Stated - 3/17/05

The resolution fails. I would now recognize Councilman Nutter as to what his position is regarding Bill Number 040771 and 040772-A.

Well, that's interesting. (Laughter.)

Thank you, Madam President. I think we're in one of those situations where if there's no change -

That the resolution -

-- to the Charter, then there's no ballot question, and there's no -

So you're going to just ask that both bills be held.

Took the words right out of my mouth.

Exactly.

Thank you.

Okay. Stated - 3/17/05 Thank you. At this time I would ask the Chief Clerk to please read the title of Bill Number 050064.

An ordinance amending Chapter 19-1500 of The Philadelphia Code entitled Wage and Net Profits Tax, by providing for the calculation of the credit against net profits tax, based upon net income tax liability, all under certain terms and conditions.

Thank you. This bill having been read on two different days, the question now is, shall the bill pass finally. The Chief Clerk will please call the roll. The Chief Clerk will please call the roll.

Councilwoman Blackwell voting aye. Councilman Clarke.

Aye.

Councilman Cohen. Stated - 3/17/05

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ramos.

Aye.

Councilwoman Reynolds Brown.

Aye.