COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 401, City Hall Philadelphia, Pennsylvania Thursday, October 29, 1998 11:30 a.m. PRESENT: COUNCIL PRESIDENT JOHN F. STREET COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DAVID COHEN COUNCILMAN FRANK DI CICCO COUNCILWOMAN HAPPY FERNANDEZ COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO COUNCILWOMAN ANNA C. VERNA MARIE B. HAUSER, CHIEF CLERK VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 (215) 561-2220. STATED MEETING - GREETING, INVOCATION
Good morning, ladies and gentlemen. The Chair notes that the hour has come and that a quorum is present. Council will come to order. Members will take their seats. Visitors will retire to the seats outside the rail. To give our invocation this morning, the Chair welcomes Reverend Ralph Chieffo who is the Pastor of the King of Peace Catholic Church. Father is here today as the guest of Councilwoman Clark. Members and guests will please rise. REV. CHIEFFO: Thank you, President Street, and thank all of you for the honor of being here. It certainly has been an exciting morning. I don't know whether to have an exorcism or a prayer this morning, but I think we'll somehow do both. And I was very shocked and saddened to hear and read in the Inquirer the other day that our dear Councilwoman Anna Verna had all kinds of excitement perpetrated against her, and I want to assure you on behalf of my parrish as well as a member of the Interdenominational Clergy Council is that if there's any ally in Grace Ferry, it's certainly our dear Councilwoman Verna as well as Councilman Kenney who along with President Street STATED MEETING - GREETING, INVOCATION have really fortified our efforts to bring healing and reconciliation. I thought I should be on the payroll with the City with all the numerous meetings I attended along with both councilpeople as well as all of you, and I want to thank you and I want to report to you that there are really signs of hope. Not only did our principal catch a little photo here of a young African young man here carrying a white fellow from the neighborhood, that's the kinds of things that are happening, not only among the children with the Sonny Hill Basketball League that councilpeople have really started, initiated, and supported our efforts, but also is that we sat down and formed an advisory council with adults in the community who are truly working along. Now we've hired Mr. Alfred Brown and also Mr. Steven Honeyman to work for a strategic plan as well as the formation of a Grace Ferry Community Development Corporation. They are the kinds of things that are happening because of Councilwoman Anna Verna and Councilmen Kenney and President Street and the Mayor. And we believe that, as I believe, that when people work together STATED MEETING - GREETING, INVOCATION as a team that maybe even the Phillies can come together and beat the New York Yankees next year. That's the kind of energy that we can do when we work together. I also have the liberty of inviting all of you to see our community at work, black and white and people of all goodwill to a covered dish social dinner. So you're all invited as our guests, no charge, and come and enjoy the future of Grace Ferry and also of our wonderful community. My parents were married for 48 years. They had one fight that lasted 48 years. However, when they wanted to teach us what is right and wrong and work for the good of my brother and sister, they had one mind and one heart, and that's what I'd like pray for you in this community today in this body of City Council. Saint Paul tells us in the Word of God that God has so instructed the body that there be no dissention in the body but that all the members may be concerned for one another. If one member suffers, all the members suffer with it. If one member is honored, then all the members share its joy. STATED MEETING - GREETING, INVOCATION So my dear stewards of the City of Philadelphia, let us bow our heads as well as hearts and hands and pray that we will offer our time and talents to our Heavenly Father so that we will prove worthy and reliable servants and one day be invited to join the saints in heaven. Heavenly Father, we praise you for choosing us to search your brothers and sisters in our City of Philadelphia. Bless us with your devine presence and protection so that we may respect and safeguard the life and liberty of every citizen.
Send us your Holy Spirit to guide and grace us with the gifts of wisdom, compassion, and understanding so that we can make right decisions with courage and conviction. Give us a steadfast and generous spirit so we may willingly make any personal sacrifice necessary for the common good. Bless us with a clear conscious that fosters integrity and justice among us so that we will do our best and allow you to help us to do the rest. Above all, help us to turn our mind and hearts to you throughout this day so that whatever we do, whether in thought, in word or deed, may always begin with your inspiration and be carried out by your gracious assistance and with STATED MEETING - GREETING, INVOCATION a lot of our own perspiration. We ask this through Jesus Christ, our Lord, who came to serve and not be served, and he taught us to pray, and I encourage you to join me in prayer. Our father, who art in heaven, hallowed be thy name. Thy kingdom come, thy will be done on earth as it is in heaven. Give us this day our daily bread, and forgive us our trespasses as we forgive those who trespass against us. And lead us not into temptation, but deliver us from evil. For thine is the kingdom, the power, and the glory forever and ever, amen. Again, I want to thank Councilwoman Clark for the invitation, and all of you. God bless you, and you're in our prayers in Grace Ferry.
The Chair thanks Reverend Chieffo for his inspiring remarks and invocation.
The next order of business is the approval of the journal of the meeting of Thursday, October 22, 1998. The Chair recognizes Councilwoman Augusta Clark.
Mr. President, I STATED MEETING - LEAVES OF ABSENCE REQUESTS move the adoption of the journal of October 22nd. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The journal of the meeting of Thursday, October 22, is approved. The Chair recognize is Councilwoman Verna.
Thank you, Mr. President. On behalf of the majority, there are no requests for leave of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Longstreth.
Brian O'Neill is away, Mr. President, on City business.
Leave will be granted. At this time we will dispense with the regular order of business in order to recognize visitors. To all of our visitors and guests with us this morning, we welcome you here and applaud STATED MEETING - PRESENTATIONS your interest in the civic affairs of our City. We certainly invite to you come again. At this time, the Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. We have three interns who are students, one tenth grader and two seniors at my alma mater John Bartram High School. They will be working with L & I one day a week through the School Board from now until the end of June. And certainly, we want them to know that we welcome them and their opportunity to find out how government works.
Thank you very much for being with us. It appears that we have a visiting school here. The Chair recognizes Councilwoman Tasco.
Mr. President, it's not my school. I had another announcement to make.
The Chair recognizes Councilwoman Miller. STATED MEETING - PRESENTATIONS
Thank you, Mr. President. The visiting school is from my district at Germantown and Upsal, a class from the Blair Christian Academy. I don't know the teacher's name. No one gave me that information.
I thank you very much for being with us. At this time the Chair recognizes Councilwoman Tasco.
Thank you, Mr. President. As you know, my long-time friend and chief of staff Marilyn Clyburn retired. We miss her very much. She contributed a lot to my success and to the success of the ninth councilmanic district and we will miss her tremendously. We have a new chief of staff and her name is Deborah Johnson, and I would like you to meet her and welcome her to City Council.
Is there any other STATED MEETING - PRESENTATIONS member of Council who has a visiting guest that you'd like to recognize at this time? Seeing no one, our first presentation today recognizes October 1998 as Human Sexuality Awareness Month. To make this presentation, the Chair appoints Councilwoman Tasco. The Chair invites Lisa Shelby to come and receive this resolution. Councilwoman Verna, please approach the Chair. (Councilwoman Verna assumes Chair.)
Thank you so much. It gives me great pleasure to present this resolution declaring October as National Family Sexuality Education Month and recognizing Planned Parenthood of Southeastern Pennsylvania for its education and training programs to promote positive sexual health. Whereas, since 1975 the National Family Sexuality Education Coalition has sponsored National Family Sexuality Education Month to provide information and support for sexual education within the family; and Whereas, over the years, Planned STATED MEETING - PRESENTATIONS Parenthood of Southeastern Pennsylvania has taken the lead in Philadelphia by presenting workshops, forums and training seminars to stimulate and encourage family communication around the multifaceted nature of human sexuality; and Whereas, Planned Parenthood of Southeastern Pennsylvania has developed a community education program on sexual health which has reached 5,000 students through city schools; and Whereas, the education department of Planned Parenthood has sponsored outreach to over 4,000 community representatives on sexual health, has developed a Latino health initiative which collaborates with Latino service agencies in delivering information on sexual health and has established a resource center and library open to the public which has over 3,000 visits; and Whereas, the two most stellar accomplishments in honor of family sexual education have been the creation of over 700 teen peer educators trained to provide workshops to fellow teens about sexuality and the founding of the Annual Training Institute which has trained over 1400 professionals in the areas of sexual health; and STATED MEETING - PRESENTATIONS Whereas, the 1998 agenda addresses communications with children ages 6 to 10 who are just discovering themselves and the world around them of different kinds of families as they make new friends and prepare for future experience; and Whereas, this initiative will be highlighted with two programs, one on October the 22nd to assist parents in understanding the sexuality of younger children, and one on October 29th to prepare teachers and community agency staff on a special sexuality curriculum for pre-adolescence. Now, therefore, resolved by the Council of the City of Philadelphia that the Council declare October as National Family Sexuality Month and recognize Planned Parenthood of Southeastern Pennsylvania for its education and training programs to promote positive sexual health. Resolved further that an engrossed copy of this resolution be presented to Lisa Shelby, vice-president for education of Planned Parenthood of Southeastern Pennsylvania, as an expression of the high regard for the organization's efforts to prepare our youth to understand human sexuality and STATED MEETING - PRESENTATIONS express themselves responsibly. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 8th day of October 1998. Signed by President Street, introduced by Marian B. Tasco, and sponsored by all City Councilmembers. I want to thank you so much, and congratulations for your wonderful program. (Applause.)
Good morning. On behalf of Planned Parenthood Southeastern Pennsylvania and the tens of thousands of women, children, and men for whom we provide services, I would like to thank Councilwoman Marian Tasco and the members of City Council for honoring National Family Sexuality Education Month. Two recent national studies, one from the Centers for Disease Control and the other from the Journal of the American Medical Association show that young people who have a strong connection with their family are less likely to become pregnant, STATED MEETING - PRESENTATIONS contract sexually transmitted infection, abuse drugs or alcohol, or drop out of school. These studies prove what we all know, that family plays an extremely important role in the health and well-being of our children. Planned Parenthood strongly believes that parents are the primary sexuality educators of their children and is dedicated to educating parents so that they can comfortably and accurately provide the information, values, and support their children need to make positive healthy decisions. It is difficult to talk about sex and sexuality especially, it seems, with our children. However, we know from experience working with families and now this exiting research proves that talking with them about sexuality is what's best for our children. Yes, talking about these issues can be difficult. It can be uncomfortable, even embarrassing to have these conversations with our children, but it is vital that we do so. It is the trusted caring adults in their lives that children need to help them sort through the negative, distorted and inaccurate messages that bombard them from TV, music videos, magazines, and billboards. STATED MEETING - PRESENTATIONS It is our responsibility to balance those messages with our values, our believes, our feelings about this most important subject. Conversations sparked by the nightly news, a soap opera, an Ophrah episode, or the newest Calvin Klein ad can be wonderful moments when we offer our children another point of view, our point of view as their parents. Children look to their parents to guide them through the confusing maze of messages, words, and images they constantly receive about sex. Thank you very much for joining Planned Parenthood in our effort to help prepare parents to be effective and comfortable in that role. (Applause.)
Our second presentation recognizes the birthdate of William Penn. To make this presentation, the Chair appoints Councilwoman Clark. The Chair invites Mr. Jay Meyers and Ms. Elaine Peden to come and receive the resolution.
Madam Chair, it is STATED MEETING - PRESENTATIONS my pleasure to read the City Council citation recognizing the legacy of William Penn on the anniversary of his birth, October 24th. I said citation, but I should have said resolution. Whereas, Philadelphians recognize the founding by William Penn of our city, birthplace of the nation; and Whereas, William Penn extended friendship and fair dealings to the Native American Indians and established our city and state as a haven for oppressed peoples of the world to whom he offered religious and civil liberties and high standards of justice; and Whereas, William Penn was far ahead of his time as an untiring advocate of representative government, city planning, penal reform, humane mental institutions, and public education for everyone, and one of the first statesmen to envision the unification of the American colonies; and Whereas, William Penn through his holy experiment introduced into our city and state a humanitarian code of law which was honored in 1751 by the casting of the Liberty Bell; and Whereas, William Penn's belief in the STATED MEETING - PRESENTATIONS nonviolent settlement of disputes among individuals, states, and nations continues to guide and inspire us today. Now, therefore, the Council of the City of Philadelphia does hereby recognize the legacy of William Penn, founder of the city and citizen of the first order on the anniversary of his birth, October the 24th. Signed by Augusta Alexander Clark, John Street, President, and cosponsored by every member of Council. Mr. William Penn, would you be good enough to tell us which of these birthdays we're celebrating today? REPRESENTATIVE OF
Good morning, Council President and Councilmembers and visitors. My, how time flies when you're having fun. The nonprofit inception of the Friends of William Penn began 30 years ago when I stop back and think, when I'm such a young girl, and continues to flourish. Our STATED MEETING - PRESENTATIONS accomplishments are numerous, too numerous to mention. However, one of the projects of high school artwork depicting the life and times of William Penn in City Hall Tower was up there for 12 years, and also one of our projects of making William and his second wife Hannah Penn US honorary citizens of the United States I think are worth crowing about. David Hart, he joined the Friends and his skills as a sculpture he made us this magnificent wooden statute of William Penn. We are very, very proud of it. And also as president of Solitude, William Penn's grandson's home in the zoo, we volunteers are committed to restoring the house to its original splendor. The City owns this house, Solitude, and we will be sending letters to all members of Council urging them to introduce bills for monies to speed up the refurbishing of this house, the only original Penn house in the zoo and in the Commonwealth of Pennsylvania. Thank you. And would we all sing happy birthday to William Penn. ("Happy Birthday" sang.) STATED MEETING - PRESENTATIONS (Applause.)
Good morning and thank you very much. My heavens, this is going to be an annual event. I can't believe it. But you know, it was 1644 when I was born at an early age. And since that time I have been reflecting on many things, and that of course are friends. Now, I don't think it's an accident that we Quakers are known as the Religious Society of Friends because friends are something that we cannot live without. And these words came to me whilst in prison. They're called "Thoughts of Solitude." Solitude. And they go thusly: There can be no friendship where there is no freedom. Friendship loves a free air and will not be pinned up in straight and narrow enclosures. It will speak freely and act so, too, and take nothing ill where no ill is meant. I repeat, and take nothing ill where no ill is meant. How many times have you said, "Oh, I wish I had not said that," because it was taken the wrong way. A true friend unbosoms freely, advises justly, assists readily, adventures STATED MEETING - COMMUNICATIONS boldly, takes all patiently, defends courageously and continues a friend unceasingly. So saith me. Thank you very much. God bless America, God bless you. (Applause.) (President Street resumes Chair.)
Next order of business is communications. The Chair recognizes the Sergeant at Arms for purposes of delivering the messages from the Mayor to the Chief Clerk. Chief Clerk will read the messages from the Mayor.
To the President and Members of the Council of the City of Philadelphia, there are now four vacancies among the nine Philadelphia appointees to the Board of Directors of the City Avenue Special Service District of Philadelphia and Lower Merion. The process by which the vacancies are filled is specified in the articles of incorporation for the district as approved by Bill No. 960561, approved STATED MEETING - COMMUNICATIONS December 18, 1996. Such vacancies are filled by resolution of City Council after a public hearing of the candidate nominated by the Mayor from a list of candidates submitted to the Mayor by the remaining members of the board of directors who were appointed by the governing body of the City of Philadelphia. Pursuant to that process, I hereby nominate the following candidates to fill vacancies in the Board of Directors of the City Avenue Special Service District of Philadelphia and Lower Merion: Charles M. , to fill a vacancy in the term ending January 5, 1999; Michael McMahon, to fill a vacancy in the term ending January 5, 2000; Dr. Linda Dunn to fill a vacancy in the term ending January 5, 2001; and Dean Adler to fill a vacancy in the term ending January 5, 2003. A resolution approving the action of the Boards of the Philadelphia Industrial Development Corporation and the Philadelphia Authority for Industrial Development to sell a certain parcel situate on the southeast corner of University Avenue and Civic Center Boulevard to the University of Pennsylvania and the Children's Hospital of Philadelphia. STATED MEETING - COMMUNICATIONS And a resolution approving the redevelopment contract in disposition supplement of the Redevelopment Authority of the City of Philadelphia for a portion of model cities urban renewal area identified house number and street address as 713 West Dauphin Street. An ordnance authorizing the Commissioner of Public Property on half of the City of the Philadelphia pursuant to the Urban Redevelopment Law PL991, May 24, 1945 to execute and deliver to the Redevelopment Authority of the City of Philadelphia without consideration a deed for 4501 Ridge Avenue. An ordinance amending Bill No. 960591A approved March 26, 1997, entitled, "an ordinance adding a new title to the Philadelphia Code" that upon enactment of other ordinances will contain all the technical codes governing the construction, occupancy, use, and maintenance of premises. An ordinance amending Section 20-101 of the Philadelphia Code entitled, "Residents Requirements" by providing that former United States military service personnel entering in the civil service need not be bona fide residents of the city when appointed but must establish and maintain bona STATED MEETING - COMMUNICATIONS fide residence in the city within six months after appointment. An ordinance creating the West Philadelphia Retail Tax Increment Financing District approving the project plan of the Philadelphia Authority for Industrial Development for the redevelopment of the West Philadelphia Retail Tax Increment Financing District. An ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within the area of the 27th ward bounded by Civic Center Boulevard, Convention Avenue, South Street, Schuylkill Expressway, North Drive, and University Avenue. An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-300 entitled Commercial Districts. An ordinance to amend the Philadelphia zoning maps by changing the zoning designations on the following areas of the city from partly class R-15 residential and partly class recreational to a single designation of Class RC4 residential.
And an ordinance amending an ordinance STATED MEETING - COMMUNICATIONS approved December 16, 1959, as amended which approved the urban renewal plan, the redevelopment proposal, and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of Market Street East urban renewal area. An ordinance amending an ordinance approved August 15, 1969, as amended which approve amended redevelopment proposal, the amended urban renewal plan, and the amended relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of Penns Port urban renewal area. An ordinance amending an ordinance approved December 15, 1969 as amended which approved the redevelopment proposal, the urban renewal plan and the relocation plan of the Redevelopment Authority to City of Philadelphia for a model city's urban renewal area. An ordinance amending Chapter 19-1500 of the Philadelphia Code entitled, "Wage and Net Profit Tax," and Chapter 19-2800 of the Philadelphia Code entitled, "Pennsylvania Intergovernmental Cooperation Authority Tax on Wages and Their STATED MEETING - COMMUNICATIONS Profits," by providing for the exclusion from those taxes of net profits earned by a business trust that qualifies as a regulated investment company. An ordinance amending Title 19 of the Philadelphia Code entitled, "Finances, Taxes and Collections" by adding a new Chapter 19-3200, entitled, "Keystone Opportunity Zone" to provide for the contingent exception, abatement or credit of certain taxes within specified geographical areas. An ordinance authorizing the City of Philadelphia to provide for an alternative funding mechanism for a portion of the unfunded actuarial accrued liability of the City of Philadelphia Retirement System pursuant to the Municipal Pension Plan Funding Stated and Recovery Act. An ordinance authorizing the issuance of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of the City of Philadelphia. An ordinance constituting the fourth supplemental ordinance to the restated general water and waste revenue bond ordinance of 1989 as supplemented. An ordinance constituting the fifth STATED MEETING - COMMUNICATIONS supplemental ordinance to the restated general water and waste water revenue bond ordinance of 1989 as supplemented. An ordinance constituting the sixth supplemental ordinance to the restated general water and waste water revenue bound ordinance of 1989 as supplemented. An ordinance authorizing the Director of Financing, Commissioner of Public Property to enter into certain agreements with the Philadelphia Parking Authority and to take other actions with respect to the Parking Authority as are necessary to enable the Parking Authority to proceed with commonly financed multi-site off-street parking facility. An ordinance declaring it is desirable to be the findings of the City Council that for many years the City of Philadelphia and the Civic Center Board of Directors, formerly known as the Board of Trade and Conventions have not be able in good faith to use those certain parcels of land, Civic Center land occupied by the Civic Center that were dedicated by ordinance approved June 27, 1895 and October 10, 1896. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS An ordinance authorizing the Commissioner of Public Property and Fairmont Park Commission on behalf of the City of Philadelphia to execute and deliver to the Philadelphia Authority for Industrial Development without consideration a deed conveying fee simple title city interest in these three tracks of land with the buildings and improvements thereon situate 21st and Hamilton Streets under and subject to the terms and conditions of the Philadelphia Industrial Commercial Development Agreement.
The message will be printed in the Journal. The Chief Clerk will read any other communications her possession.
The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Verna for a motion.
Thank you, Mr. President. I move that the Rules of Council be STATED MEETING - INTRO. OF BILLS, RESOLUTIONS suspended so as to consider all resolutions immediately after introduction. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The rules are suspended. All resolutions will be considered at the time of their introduction. The Chair recognizes Councilwoman Clark.
Mr. President, today I have five bills on your behalf and mine.
An ordinance authorizing the Commission of Public Property in Fairmont Park Commission on behalf of the City of Philadelphia to execute and deliver to the Philadelphia Authority for Industrial Development without consideration a deed conveying title to a City's interest in three tracks of land with the buildings improvements thereon situate in the vicinity of 21st and Hamilton Streets. An ordinance amending Title 14 of the STATED MEETING - INTRO. OF BILLS, RESOLUTIONS Philadelphia Code relating to zoning and planning by amending Chapter 14-300 entitled, "Commercial Districts", by amending Section 14-305 entitled C4 Commercial and C5 Commercial Districts. An ordinance to amend the Philadelphia zoning maps by changing the zoning designations of the following area of the city from partly class R15 residential and partly class recreational to a single designation of Class RC4 Residential. An ordinance amending an ordinance approved December 15, 1969, as amended which approved the redevelopment proposal, the urban relocation plan, and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of model cities urban renewal area by approving the 22nd Amendment of the Redevelopment Proposal. An ordinance authorizing the Director of Finance and Commissioner of Public Property to enter certain agreements with the Philadelphia Parking Authority and to take other actions with respect to the Parking Authority as are necessary to enable the Parking Authority to proceed with commonly financed multi-site off-street parking facility. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
Mr. President, I have two bills and one resolution.
An ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located in the 27th Ward and within an area bounded by Civic Center Boulevard, Convention Avenue, South Street Schuylkill Expressway, North Drive, and University Avenue from partly Class R15 and partly Class C3 Commercial to a designation of partly Class R15 residential. An ordinance declaring it to be the finding of the City Council that for many years the City of Philadelphia and the Civic Center Board of Directors formerly known as the Board of Trades and Conventions have not be able in good faith to use those certain parcels of land, Civic Center land, occupied by the Civic Center that were dedicated by ordinances approved June 27, 1895, and October 10, 1896 together the 1895 and 1896 ordinances for the STATED MEETING - INTRO. OF BILLS, RESOLUTIONS purposes set forth in the 1895 and 1896 ordinances and that in the future the City of Philadelphia and the Civic Center Board of Directors will not be able in good faith to use the Civic Center land for the purposes set forth in the 1895 and 1896 ordinances.
These bills will be referred to the appropriate committee. The Clerk will please read the title of the resolution introduced by Councilwoman Blackwell.
A resolution approving the action of the Boards of Philadelphia Board of Industrial Development Corporation and the Philadelphia Authority for Industrial Development to sell a certain parcel situate on the southeast corner University Avenue and Civic Center Boulevard to the University of Pennsylvania and the Children's Hospital of Philadelphia or their nominees and authorizing the City Solicitor to approve all instruments and documents necessary to effectuate the purpose of this resolution.
Mr. President, I move the adoption. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilman Cohen.
Mr. President, I offer one resolution on behalf of eight sponsors. And the chief mathematician in my office tells me that that represents a majority of the members present today, but in order to verify it, at the appropriate time I will be asking for role call vote.
A resolution opposing the November ballot question concerning the Constitutional amendment to deny bail in other than death penalty cases because it seriously jeopardizes the accused right to a presumption of innocence until proven guilty and further urging Philadelphia voters to vote no on this ballot question in the upcoming election.
The Chair recognizes Councilman Cohen. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
Is not sponsor of the resolution first entitled to the floor?
No, it is not a new ruling. He's raised a point of order, and a point of order takes precedent over any -
Thank you very much. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
I just have a question of the Chair as to whether it will still take nine votes to pass or the majority of the members present?
The Chair rules that a privileged resolution maybe passed by a majority of the members present.
Mr. President, I'm going to rise, and physically rise, as to speak on this amendment on this resolution. Ever since the Bill of Rights was passed in the United States back in the 1700s, there have been people of all kinds who for various reasons at various times have sought to subvert it. This amendment on the ballot subverts the Bill of Rights which is a basic part of our constitution. I've been heard in previous occasions to voice my concern that there are some folks these STATED MEETING - INTRO. OF BILLS, RESOLUTIONS days who no longer respect the Bill of Rights and who seek to find ways to avoid following its principles. The Bill of Rights didn't happen just because somebody wanted it to happen. It happened because the United States was a place where people came to escape persecution. Yet every effort to weaken the Bill of Rights just creates a brand-new threat of persecution to some group, generally minority groups of one kind or another. Back in 1791 when the Bill of Rights was adopted and made part of the Constitution of the United States, there were people whose voices spoke out against its provisions. But people have always recognized, at least the majority of the people have always recognized the United States as a haven for people who are oppressed for religious reasons, for political regions, or for social regions. Part of the process today in seeking to undermine the Bill of Rights is to what's called judge bashing to try to take away from the judiciary the independent power to objectively make determinations with respect to basic American principles. So today we're told all judges are very lenient, they let the prisoners and those may have STATED MEETING - INTRO. OF BILLS, RESOLUTIONS been thought to have committed a crime, judges just let me them roam freely. And people in this very body believe that nonsense. The jails in Philadelphia have more than doubled in population in the last ten years. The budget at the state level went up from a hundred million dollars to a billion dollars in order to support the prisons in Pennsylvania. And we can't under the current philosophy ever build enough jails because the moment the jails are authorized, the jails begin filling up because judges are being attacked from every source and judges have no way of talking back. So today we're told judges just release everybody, they do it automatically because judges for some reason are thought to love to have people out in society who just want to kill anybody or rob them or do any other unpleasant thing. But let me read to you from the Criminal Justice Rules of the Courts of Pennsylvania what a judge does before he ever makes a decision on bail, despite what certain groups in Philadelphia say to the contrary. First, the judge has to consider the nature of the offense charged and any mitigating or aggravating factors that may bear upon the STATED MEETING - INTRO. OF BILLS, RESOLUTIONS likelihood of conviction and possible penalty. Second, the defendants employment status and history and financial conditions. Third, the nature of the defendant's family relationships. Fourth, the length and nature of the defendants residence in the community and any past residences. Fifth, the defendant's age, character, reputation, mental condition and whether addicted to alcohol or drugs. Sixth, if the defendant has previously been released on bail, whether he or she appeared as required and complied with the conditions of the bail bond. Seventh, whether the defendant has any record of flight or avoid arrest or prosecution or of escape or attempted escape. Eighth, the defendant's prior criminal record. Ninth, any use of false identification. Tenth, any other factors relevant to whether the defendant will appear as required and comply with the conditions of the bail bond. Now, that does not seem to me that the judges are just releasing everybody.
But you never heard the District Attorney of the City of Philadelphia or the Mayor who is the previous district attorney, you never heard from either of them these conditions which are part of the STATED MEETING - INTRO. OF BILLS, RESOLUTIONS Pennsylvania Rules of Criminal Procedure and which govern and bind the judges. But judge bashing has one purpose. They want to terrorize the judiciary so the judiciary will put everybody in jail, load the prisons, reload them, and all of that adds up to a breakdown of our system in the United States of fairness in criminal trials of the guarantees of defendants to a fair trail. All us of us have great sympathy for victims of crime. That's why this Council has such a great record in support of town watch activities. We support it all the time. Yet, there was a hearing that I attended days ago in which individuals from the community came in and said this Council never does anything on behalf of victims. Mr. President, I rise in support of this resolution which says plainly and simply that it recommends to the voters of Philadelphia that this amendment, like the amendment relating to a jury system, that this amendment be voted on as a no amendment. And though I can't ever remember the last time Philadelphia Inquirer ever agreed with STATED MEETING - INTRO. OF BILLS, RESOLUTIONS anything I said, maybe they've reformed because this morning's editorial calls for a no vote on questions 1 and 2. I checked the date, I thought maybe it was 10 or 20 years ago, that this was an old paper lying around the house, but it wasn't. It was today's Inquirer. It astounds me that it takes this position, but maybe sanity has been restored in some small measure to the Inquirer editorial board. Mr. President, that's the reason for my motion to have this resolution adopted by the Council. And following the debate, I'm going to be seeking a role call vote. Thank you, Mr. President.
Mr. President, since 1791 when the Bill of Rights was approved in this city, a Bill of Rights that in essence said that this country was founded because citizens, all citizens who were not protected from the crown, and in essence they wanted to provide a set of reasons or laws and constitutional amendments to protect the citizens from the state. It's strange to me that the people who call themselves conservatives today keep on trying to push legislation and STATED MEETING - INTRO. OF BILLS, RESOLUTIONS constitutional amendments that keep on making the State ever more powerful and ever more intrusive in our rights. This is not about criminals. This is about giving the prosecutors, the state, an open-ended uncontested court in which they will make the decisions without having to prove, without having to prove that the individual that they're asking for the denial of bail is a threat to the community, is at risk to bail out and flee the jurisdiction. What they want is to take all discretion away from the judges, not have to go before any magistrate and prove anything substantive in order to begin filling up jails with people who may be innocent until proven guilty. And they have not been proven guilty, they've just been charged with a crime. So again, it's the conservative that want to keep on pushing the intrusion of the State into our lives. We have to vote no. Vote yes on the resolution, vote no on the amendment.
Mr. President, I do feel that apparently in the aftermath of the vote STATED MEETING - INTRO. OF BILLS, RESOLUTIONS last week on a resolution out of the Law and Government Committee that we urged the citizens to vote no on Ballot Question No. 2. I received the other day a copy of what is termed an interoffice memo dated October 22, 1998. It is from -- and there are handwritten initials next to it. I'm not a handwriting expert. I will take it that this is an accurate copy from Arnold Gorden, first assistant. It is to all assistant district attorneys and county detectives. It is regarding distributing Commonwealth rights and jury brochures. It reads, "The Pennsylvania District Attorneys Association has given us a thousand copies of hard hitting brochures in favor of Commonwealth right to a jury trial. We are looking for ways to distribute them around the city. If there are any assistant district attorneys or county detectives who would be willing to distribute these brochures in your neighborhoods or to community groups you're involved in, please contact my secretary, and that's Scott at extension 8705. We are aiming to begin distributing these brochures beginning Saturday, October 31st through election day, November 3rd. I urge each of you use your energy and creative talents to help in STATED MEETING - INTRO. OF BILLS, RESOLUTIONS any way you can. The opposition to our proposal has been organized and strong. The more we all can do to educate the public on this important issue, the better our prospects on election day." It appears, Mr. President that the district attorney's office has now turned into a full fledged political machine. There are certain questions of impropriety, if not illegality of the use of these public servants whose primary job is law enforcement and trying to protect the public are now being asked by the first assistant district attorney, I assume with the knowledge and approval of the district attorney, to become involved now in the political process and distribute flyers and brochures on their own behalf on their own cause out in our neighborhoods. This is a very serious matter, Mr. President. I believe it is unprecedented and needs to have a full explanation and investigation. I will assume that after today's action, if it is successful an effort maybe made to include their continued opposition to our urging voters to vote no on these ballot questions that materials maybe asked to be distributed by those same STATED MEETING - INTRO. OF BILLS, RESOLUTIONS assistant district attorneys and county detectives on this ballot question as well. Thank Mr. President.
Thank you very much. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. As is not necessarily the case, I find myself very much persuaded by the oral argument of both Councilmembers and have not decided yet how I'll vote, but I may be leaning that way. The reason that I've asked to be recognized is based on Councilmember Nutter's presentation. I think the that record should show that I believe that law permits court employees and other law enforcement people to be involved when it comes to ballot questions, not in the support of particular candidates for office, but on questions that are on the ballot, court employees, law enforcement employees, I believe legally have a right to be involved in those questions and to push for one way or the other. I think the court employees traditionally have been able to even work the polls on election day as it relates to a yes or no question on the ballot. Again, I'm not positive STATED MEETING - INTRO. OF BILLS, RESOLUTIONS that's the case, but it's been my experience, and perhaps we can get a ruling from perhaps either the Committee of 70 or the court system as to whether or not that's appropriate, but I think it might be appropriate and legal for those employees to be involved such ballot questions. Thank you, Mr. President.
Thank you very much. The Chair recognizes Councilwoman Clark.
Mr. President, I have not researched this. This has come by surprise to me. But I'm going to quarrel with Mr. Kenney's characterization of it being legal and appropriate. It may be legal. Whether it is appropriate to mount a full scale assault in favor of a position that is opposite from this Council is one that raises my hackles. I think that there are better ways to do it. And to organize on company time be against this Council might not be the smartest and wisest use of those resources.
Thank you very much. The Chair recognizes Councilman Nutter.
Thank you, Mr. President. I will be even briefer than before. I STATED MEETING - INTRO. OF BILLS, RESOLUTIONS respect and appreciate my colleague Councilman Kenney's raising the issue. I think it is an open question. But I don't think that it takes away from the fact that this is with regard to the district attorney's office possibly unprecedented level of activity. I do not know what those ADA's and county detectives will be doing Monday, the day before the election, or Tuesday the day of the election. I would hope that they would be either in their offices or in court protecting the public and making sure that justice is being done and not on some political campaign in support of the district attorney. If she wants to engage in that and use her time in that fashion, that's one thing. These people are trained professionals their works is in the court or their work is in the office dealing with citizens, not out on some mad mission with a ballot question. That is the primary issue, and I think it needs to be addressed as it relates to the appropriate use of those individuals. This Council took a particular position just last Thursday. It is maybe coincidence that this memo is dated last Thursday and possibly could be in direct response to the actions of the Council STATED MEETING - INTRO. OF BILLS, RESOLUTIONS from a district attorney who always complains that she cannot seem to get an adequate level of support for things that she wants to do. We might mention to the genius over there that if she would not engage in these kind of activities, there might in fact be a better relationship. So I believe that there is a cause and effect here. There is a legal question that needs to be looked into further. But even if not on the legal basis, there is a propriety issue that has to be addressed regarding the use of these fine public servants and their time. Thank you, Mr. President.
Thank you very much. Councilman Cohen, would you agree to be interrogated on two very simple questions from the Chair?
I look at this ballot question, it says, "Shall the Pennsylvania Constitution be amended to disallow bail when the proof is evident?" Who will make the decision as to whether or not the proof is evident?
The court. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
Then it says, "Or presumption great that the accused committed an offense for which the maximum penalty is life imprisonment." Who will make a judgment as to whether or not the presumption is great?
And then in the "or" part, "that no condition or combination of conditions or other imprisonment of the accused are reasonably assured the safety of a community." Is it fair to say that the three judgements that have to be made in this ballot question are all made by a judge?
And if all of these judgments are made by a judge and if under the current law all of the judgments that determine whether or not a person gets bail are made by a judge, how does it differ? I'm just trying to understand how it differs. Now all the judgments are made by a judge. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS We have a ballot question that says there are three other judgments that have to be made. You tell me that all of these judgments have to be made by a judge. And I ask you to tell us how it is this differs today, if this ballot question were to pass, how would the situation then be different from what it is today when all the bail judgments have to be made by a judge?
Mr. President, I'm being advised by two excellent advisors of the same conclusion, but before I deal with your specific answer, let me say your question raises the issue, isn't this just useless? Why is there a campaign for amendment to the Constitution if there is no need for such an amendment. Mr. President, as a matter of reality, this amendment if adopted creates a new standard for judges to follow. And that's the reason. It changes entirely the standards that I read, the ten standards I have, and a judge will feel compelled to deny bail in many cases where the judge were able to exercise his judgment based upon the current rules of judicial procedure where a judge may decide on bail, he will now feel subject to attack if he STATED MEETING - INTRO. OF BILLS, RESOLUTIONS grants bail, just as the same way today there is this effort by so-called Sentencing Commission which certainly sounds very respectable, they're appointed by the Governor and by leaders of the legislature, who propose to release the so-called record of judges all throughout the state solely for the purposes of judge bashing and intimidating judges. And they know that judges do not have the right to speak out publicly on any of this. It's a one-way fight. And when judges speak out, they spoke out like those four courageous judges did yesterday at the Sentencing Commission, as a result of which Sentencing Commission withdrew its recommendation at least for the time being that records be publicly distributed. Mr. President, you raised a legal technicality, but I think you're raising of that technicality has the effect of seeking to obscure the real purpose to the amendment that has led the people who support this amendment. And I must tell you, Mr. President, that two of my proudest days as a democrat have occurred on the days in the State Senate as State Senate of Pennsylvania when every democratic senator who voted on the issue voted no STATED MEETING - INTRO. OF BILLS, RESOLUTIONS on Question 1 and on Question 2. Those folks stood up for the rights of all people in the United States. Thank you, Mr. President.
I ask for a role call vote if it's the end of the discussion.
Any other member wishing to vote on the resolution? Those voting aye will be voting in favor of the resolution and against the ballot question. Those voting against the resolution will be voting in favor of the ballot question. The Clerk will call a role.
Councilwoman STATED MEETING - INTRO. OF BILLS, RESOLUTIONS Krajewski.
Aye. The ayes are 10. The nays are 5. The STATED MEETING - INTRO. OF BILLS, RESOLUTIONS resolution is adopted. The Chair recognizes Councilwoman Krajewski.
An ordinance amending Chapters 19-1500 and 19-2800 of the Philadelphia Code entitled, "Wage and Net Profits Tax and Pennsylvania Intergovernmental Cooperation Authority Tax on Wages and Net Profits" by exempting from the tax the first $600 of wages or net profits earned by minors and relieving employers of minors from the duties of withholding wage tax on the first 600 of compensation all under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. On your behalf I offer four bills and one resolution. Also on my behalf I offer four bills and one resolution. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
An ordinance amending Chapter 19-1500 of the Philadelphia Code entitled, "Wage and Profit Tax" and Chapter 19-2800 of the Philadelphia Code entitled, "Pennsylvania Intergovernmental Cooperation Authority Tax on Wages and Net Profits" by providing for the exclusion from those taxes of net profits and earned by a business trust that qualifies as a regulated investment company or that confines its activities to the maintenance and administration and management of intangible investments and activities of regulated investment companies. An ordinance amending Title 19 of the Philadelphia Code entitled, "Finances, Taxes and Collections" by adding a new Chapter 19-3200 entitled "Keystone Opportunities Zone" to provide for the contingent exemption, abatement or a credit of certain taxes within a specified geographical area designated with this new chapter under certain terms and conditions. An ordinance authorizing the City of Philadelphia to provide for an alternative funding STATED MEETING - INTRO. OF BILLS, RESOLUTIONS mechanism for a portion of the unfunded actuarial accrued liability of the City of Philadelphia Retirement System city retirement system pursuant to the municipal pension plan, funding, standard, and recovery act consisting of, I, the execution and delivery of service agreement between the City of Philadelphia and the Philadelphia Authority for Industrial Development providing for the funding for up to $1,250,000,000 of unfunded actuarial accrued liability of the City. An ordinance amending Sub-code PM of the Title 4 of the Philadelphia Code entitled, "The Philadelphia Property Maintenance Code" by extending the emergency nuisance abatement program to cover abandoned lots under certain terms and conditions. An ordinance authorizing the issuance of general obligation bonds to provide funds to refunds certain outstanding general obligation bonds to the City of Philadelphia authorizing the Mayor, City Controller and City Solicitor, a majority of them to sell the bonds at public or private negotiated sale. An ordinance constituting the sixth supplemental ordinance to the restated general water and waste water revenue bond ordinance of 1989 as STATED MEETING - INTRO. OF BILLS, RESOLUTIONS supplemented authorizing the bond committee or a majority of them to issue and sell at private sale to the Pennsylvania Infrastructure Investment Authority in one series water and waste water revenue bond to the City of Philadelphia. An ordinance constituting the fifth supplemental ordinance to the restated general water and waste water revenue bond ordinance of 1989 as supplemented authorizing the Bond Committee or a majority of them to issue and sell either at public or private sale in one or more series or subseries water and waste water revenue bonds of the City of Philadelphia. An ordinance constituting the fourth supplemental ordinance to the restated general water and waste water bond ordinance of 1989 supplemented authorizing the Bond Committee or a majority of them to issue and sell either at public or private sale in one or more series or subseries water and lease water refunding bonds of the City of Philadelphia. An ordinance authorizing the issuance of general obligation bonds to provide funds to refund certain outstanding general obligation bonds the City of Philadelphia authorizing the Mayor, City STATED MEETING - INTRO. OF BILLS, RESOLUTIONS Controller, and the City Solicitor or majority of them to sell bounds at public or private negotiated sale. A resolution commemorating the 110th celebration of St. Mary's Episcopal Church.
Move the adoption of the resolution. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The clerk will please read the title of the second resolution.
The resolution thanking the distinguished members of the Republican National Committee for their interest in the City of Philadelphia as a possible site for the 2000 Republican National Convention reaffirming Council's support of the efforts of Philadelphia 2000 to attract the GOP to Philadelphia and urging the RNC STATED MEETING - INTRO. OF BILLS, RESOLUTIONS sites selection committees favorable consideration of this great city as the site of it's 2000 national convention.
Move for the adoption of the resolution. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. I offer four bills and one resolution.
An ordinance amending Title 9 of the Philadelphia Code entitled "Regulation of Businesses, Trades, and Professions" by amending Chapter 9-200 entitled commercial activities on streets. An ordinance amending 20-101 in STATED MEETING - INTRO. OF BILLS, RESOLUTIONS Philadelphia Code entitled "Residents Requirements" by providing that active United States military service personnel entering into Civil Service positions in the police department need not be bona fide residents of the City when appointed but must establish and maintain bona fide residence in the City within six months after appointment. An ordinance amending section 20-101 of the Philadelphia Code entitled, Residence Requirements, by providing that active United States military service personnel entering the Civil Service need not be bona fide residents of the City when appointed but must establish and maintain bona fide residence in the City within six months after appointment. An ordinance amending Bill No. 960591A approved March 26, 1997 entitled an ordinance adding a new title to the Philadelphia Code and upon enactment of other ordinances will contain all technical codes governing the construction, occupancy, use and maintenances of premises, buildings, and structures in the City.
These bills will be referred to the appropriate committee. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS The Clerk will please read the title of the resolution introduced Councilman Kenney.
A resolution honoring the Civil Affairs Unit of the Philadelphia Police Department for thier outstanding work and expertise during the long odious SEPTA strike.
All in favor, let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Mr. President. I offer no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Nutter.
Mr. President, I STATED MEETING - INTRO. OF BILLS, RESOLUTIONS offer one bill.
An ordinance creating the West Philadelphia retail tax increment financing district, approving the project plan of the Philadelphia Authority for Industrial Development paid for the redevelopment of the West Philadelphia retail tax increment financing district being the area generally bounded by 52nd Street on the west, Jefferson Street on the north, West Park Side Industrial Park on the east, and the Amtrak right-of-way on the south, and making certain findings and declarations all in accordance with the Tax Increment Financing Act being the Act of July 11, 1990, PL465 No. 113 as amended and authorizing the Director of Finance and other officers of the city to execute documents and to do all things necessary to carry out the intent of this ordinance.
Mr. President, unfortunately I need to request leave at this time to attend to an item of business outside of the STATED MEETING - INTRO. OF BILLS, RESOLUTIONS chambers. With your permission I would like leave and be recorded as voting aye on all bills and resolutions.
Leave will be granted. The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
The chair thanks the Councilwoman. The Chair recognizes Councilman Ortiz.
The Chair thanks the Councilman. The Chair recognizes Councilman DiCicco.
An ordinance amending an ordinance approved December 16, 1969 as amended which approved the urban renewal plan and STATED MEETING - INTRO. OF BILLS, RESOLUTIONS redevelopment proposal and the relocation plan of the Redevelopment Authority in the City of Philadelphia for the redevelopment Market Street East urban renewal area by approval the 8th amendment of the redevelopment proposal. An ordinance amending an ordinance approved August 15, 1969, as amended which approved the amendment redevelopment proposal, the amended urban renewal plan, and the amended relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of Penns Port urban renewal area. An ordinance authorizing the revisions of lines and grades on a portion of City Plan No. 27S by striking from the city plan and vacating illegally open positions of Duworth (ph) Street and Wolf Street. An ordinance authorizing and Anna Grande owner of Giononi's Restaurant 721 through 723 Wharton Street, Philadelphia, Pennsylvania to construct and maintain one bench anchored onto the footway and two electrified private street lights and appurtenances in the north footway of Wharton Street and under certain terms and conditions. STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
These bills will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
The Chair thanks the Councilman. The Chair recognizes Councilman Longstreth.
The Chair thanks the Councilman. The Chair recognizes Councilman Rizzo.
The Chair thanks Councilman Rizzo. The Chair recognizes Councilwoman Miller.
Thank you, Mr. President. I'm requesting a leave for the balance of the session to attend to Council business outside of this chambers and would like to be recorded as STATED MEETING - REPORTS FROM COMMITTEES voting aye on bills and resolutions.
Leave will be granted. Next order of business is reports from committees. The Chair recognizes Councilwoman Clark for the report of the Council Committee on Public Property and Public Works.
Mr. President, the Committee on Public Property and Public Works reports two bills out of committee with a favorable recommendation and with the recommendation that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 980460 and 980682.
To the President Members of the Council the City of Philadelphia, the Committee on Public Property and Public Works to which was referred Bill No. 980460 entitled, an Ordinance Authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter in sublease agreement with the Philadelphia Authority for Industrial Development for use by the City and affiliated agencies of office space located STATED MEETING - REPORTS FROM COMMITTEES at 990 Spring Garden Street, Philadelphia, Pennsylvania. Bill No. 980682, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development without consideration of deed conveying fee simple title to a certain tract of City-owned land with the buildings and improvements thereon situated on the northeasterly side of 63rd Street, south of Eastwick Avenue, under certain terms and conditions. With respect to reports, it is considered the same and return to attach bills to Council with a favorable recommendation.
All in favor, let it be known by saying aye. Those opposed say nay. The ayes have it. The rules of council are suspended and these bills will be added to our STATED MEETING - REPORTS FROM COMMITTEES first reading calendar today. The Chair recognizes Councilman DiCicco for the report of the Council Committee on Streets and Public Services.
Thank you, Mr. President. Committee on Streets and Services reports the following bills out of Committee with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Streets and Services to which was referred Bill No. 980171, entitled an ordinance establishing a no truck parking regulation on Cayuga Street, both sides, from G Street to Castor Avenue. Bill No. 980172, an ordinance establishing a no truck parking regulation on M Street, both sides, from Erie Avenue to Cayuga Street. Bill No. 980173, an ordinance establishing a no truck parking regulation on Castor Avenue, both sides, from Erie Avenue to Cayuga STATED MEETING - REPORTS FROM COMMITTEES Street. Bill NO. 980176, an ordinance establishing a no truck parking on Hunting Park Avenue, both sides, from G Street to Castor Avenue.
Will Councilman DiCicco please approach the Chair? (Councilman DiCicco approaches.)
Bill No. 980194, an ordinance establishing a parking regulation on Tenth Street, both sides, from Catherine Street to Christian Street. Bill No. 980195, an ordinance establishing a parking regulation Eighth Street, both sides, Bainbridge Street to Fitzwater Street. Bill No. 980196, an ordinance establishing a parking regulation on Fitzwater Street, both sides, Eighth Street to Ninth Street. Bill No. 980197, an ordinance establishing a parking regulation on Wharton Street, south side, Ninth Street to Passyunk Avenue. STATED MEETING - REPORTS FROM COMMITTEES Bill No. 980198, an ordinance establishing a parking regulation on Ninth Street, both Sides, Bainbridge Street to Fitzwater Street. Bill No. 980199, an ordinance establishing a parking regulation on Second Street, east side, Fairmount Avenue to Green Street. Bill No. 980200, an ordinance establishing a parking regulation on Fourth Street, west side, George Street to Cambridge Street and on Fourth Street, east side, Cambridge Street to a point 200 feet south of Cambridge Street. Bill No. 980201, an ordinance establishing a parking regulation on Fourth Street, west side, Green Street to Wallace Street. Bill No. 980202, an ordinance establishing a parking regulation on East Girard Avenue, south side, Frankford Avenue to Shackamoxin Street. Bill No. 980205, an ordinance establishing a parking regulation on Ritner Street, south side, from Thirteenth Street to Juniper Street. Bill No. 980206, an ordinance establishing a parking regulation on Alder Street, STATED MEETING - REPORTS FROM COMMITTEES west side, Ritner Street to Wolf Street. Bill No. 980207, an ordinance establishing a parking regulation on Thirteenth Street, both sides, Jackson Street to Wolf Street. Bill No. 980208, an ordinance establishing a parking regulation on Thirteenth Street, both sides, Morris Street to Moore Street. Bill No. 980209, an ordinance establishing a parking regulation on Clarion Street, west side, Jackson Street to Wolf Street. Bill No. 980226, an ordinance establishing a parking regulation on Park Avenue, west side, Allegheny Avenue to Clearfield Street. Bill No. 980387, an ordinance establishing parking regulations on East Passyunk Avenue, from Wharton Street to Latona Street, both sides, from Wharton Street to Federal Street, both sides. Bill No. 980410, an ordinance establishing a parking regulation on Fifth Street, both sides, Catharine Street to Queen Street. Bill No. 980411, an ordinance establishing a parking regulation on Seventh Street, both sides, Fitzwater Street to Catharine Street. STATED MEETING - REPORTS FROM COMMITTEES Bill No. 980412, an ordinance establishing a parking regulation on Catharine Street, both sides, Seventh Street to Eighth Street. Bill No. 980413, an ordinance establishing a parking regulation on Clarion Street, west side, Tasker Street to Morris Street. Bill No. 980414, an ordinance establishing a parking regulation on Clymer Street, north side, Seventh Street to Eighth Street. Bill No. 980415, an ordinance establishing a parking regulation on Front Street, both sides, York Street to Dauphin Street. Bill No. 980416, an ordinance establishing a parking regulation on howard Street, both sides, Girard Avenue to Thompson Street. Bill No. 980417, an ordinance establishing a parking regulation on Juniper Street, both sides, Dickinson Street to Tasker Street. Bill No. 980418, an ordinance establishing a parking regulation on Kauffman Street, south side, Passyunk Avenue to Fifth Street. Bill No. 980419, an ordinance establishing a parking regulation on queen Street, both sides, Fifth Street to Sixth street. STATED MEETING - REPORTS FROM COMMITTEES Bill no. 980420, an ordinance establishing a parking regulation on Tasker Street, both sides, Thirteenth Street to Juniper Street. Bill No. 980421, an ordinance authorizing the revision of lines and grades on a portion of City Plan No.
307 by widening a portion of Juniper Street, on the easterly side, between Arch Street and Cherry Street, under certain terms and conditions, including the dedication to the City of the widened portion of Juniper Street. Bill No. 980447, an ordinance to amend Chapter 12-2400 of The Philadelphia Code entitled "Towing and Immobilizing of Parked or Abandoned Vehicles" by revising towing zone locations. Bill No. 980449, an ordinance establishing a parking regulation on Torresdale Avenue, east side, Wellington Street to a point 187 feet north of Wellington Street. Bill No. 980453, an ordinance establishing a parking regulation on Fitzwater Street, both sides, Nineteenth Street to Twentieth Street. Bill No. 980461, an ordinance establishing a parking regulation on Catharine STATED MEETING - REPORTS FROM COMMITTEES Street, both sides, Sixth Street to Seventh Street. Bill No. 980545, an ordinance granting permission to Edward Wilson, owner and operator of the newsstand located on the northwest corner of Sixteenth Street and John F. Kennedy Boulevard, to construct, use and maintain a conduit for fiber optic facilities in and under the north footway of John F. Kennedy Boulevard, the west footway of Sixteenth Street and the south footway of Cuthbert Street, for the purpose of supplying telephone service to said newsstand. Bill No. 980547, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 187 by striking from the City Plan and vacating the legally opened portions of Belgrad Street from Butler Street to Castor Avenue, under certain terms and conditions. Bill No. 980551, an ordinance amending Section 2 of the Ordinance (Bill No. 1119) approved July 24, 1995, entitled an ordinance authorizing the striking from City Plan No. 58 and vacating Shamokin street, from Eleventh Street to Ridge Avenue and reserving and placing on the City Plan a certain right-of-way for drainage purposes and water main STATED MEETING - REPORTS FROM COMMITTEES purposes, under certain terms and conditions, by extending the period for compliance with the authorization conditions therein to December 31, 1999. Bill No. 980615, an ordinance authorizing Joseph and Angela Schmidt, owners of the property located at 3100 Knorr Street, Philadelphia, PA 19149, to construct and maintain various encroachments onto and over the south footway or Knorr Street and the east footway of Hawthorne Street adjacent to 3100 Knorr Street, under certain terms and conditions. Bill No. 980617, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 295 by striking from the City Plan and vacating Codorus Road from Hendren Street to Spring Lane and by reserving and placing a right-of-way for drainage purposes and water main purposes within the lines of Codorus Road and Hendren Street to Spring Lane, all under certain terms and conditions. Bill No. 980618, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 295 of the area extending STATED MEETING - REPORTS FROM COMMITTEES generally northwestwardly from Spring Lane to the Philadelphia and Montgomery County Line between Bigonet Lane to the Southwest and Hendren Street to the northeast by striking from the City Plan Muncy Lane, Ayrdale Road and Buffalo Lane; by placing on the City Plan Sycamore Lane, Lantern Lane, Greenhill Lane and Buttonwood Place; and by reserving and placing on the City Plan certain rights-of-way for water main purposes and drainage purposes; all under certain terms and conditions including the dedication to the City, free and clear of all encumbrances of the beds of Sycamore Lane, Latern Lane and Buttonwood Place. Bill No. 980619, an ordinance authorizing the paving of Sycamore Lane, Lantern Lane, Greenhill Lane and Buttonwood place under certain terms and conditions. Bill No. 980647, an ordinance establishing a no motor home parking regulation on Woodbine Avenue, Fifty-First Street to Bryn Mawr Avenue, both sides. Bill NO.
980648, an ordinance establishing a no motor home parking regulation on Fifty-First Street, Overbrook Avenue to Woodbine STATED MEETING - REPORTS FROM COMMITTEES Avenue, both sides. Bill No. 980649, an ordinance authorizing the installation of stop signs on Manayunk Avenue at the intersection of Seville Street and Kingsley Street. Bill No. 980650, an ordinance authorizing the installation of stop signs on Acorn Street at the intersection of Hazlewood Street. Bill No. 980651, an ordinance authorizing the installation of stop signs on Lansdowne Avenue at the intersection of Fifty-Eighth Street. Bill No. 980652, an ordinance authorizing the installation of stop signs on Lebanon Avenue at the intersection of Georges Lane. Bill No. 980653, an ordinance authorizing the installation of stop signals at the intersection of Sixty-Second Street and Haverford Avenue. Bill No. 980654, an ordinance establishing a no tractor trailer parking regulation on Thirty-Third Street from Allegheny Avenue to Westmoreland Street, both sides.
If I could have your STATED MEETING - REPORTS FROM COMMITTEES attention, please. Members of Council, I have recommended to Councilman DiCicco and he has kindly and graciously agreed to offer a motion suspending the rules of Council on half of these bills so that we can vote 25 of the 50 bills on one day and then the other half will come up on another day so that we don't have to vote all 50 bills on one day. I appreciate his cooperation. So I'm going to have to ask the Clerk, does the Clerk have a copy of a card so that she can know which bills have to be read on first reading once these rules are suspended?
We need to get the Clerk a card. Why don't we give the Clerk the card that I never use. Off the record. (Discussion held off the record.)
We may now go back on the record. The Chair recognizes Councilman DiCicco for a motion.
Thank you, Mr. President. I move that the rules of Council be STATED MEETING - REPORTS FROM COMMITTEES suspended as to permit first reading on No. 980171, 980172, 980173, 980176, 980194, 980195, 980196, 980197, 980198, 980199, 980200, 980201, 980202, 980205, 980206, 980207, 980208, 980209, 980410, 980411, 980649, 980650, 980651, 980652, 980653 and 980654.
Council would you 980449? I thought I heard you say 649.
980649 which would have been read right after 980411.
I need you to approach the Chair because I have 980449 and I'm looking for 980649. I found it. We had an error that previously indicated 980449. It is 649. I have now found it. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed say nay. The ayes have it. The Rules of Council are suspended. As to Bill Nos. 980171, 980172, 980173, 980176, 980194, 980195, 980196, 980197, 980198, STATED MEETING - CONSIDERATION OF CALENDAR 980199, 980200, 980201, 980203, 980205, 980206, 980207, 980208, 980209, 980410, 980411, 980551, 980649, 980650, 980653, and 980654.
And 651. You put in 980551, it should have been 980651.
980651 as opposed to 980551. Then the Rules of Council are suspended as to those bills. All other bills will be printed and placed on our first reading calendar for our next meeting. The Chair recognizes Councilman Mariano for the report of the Council Committee on Labor and Civil Service.
Thank you, Mr. President. The Committee on Labor and Civil Service, the Chair moves that Bill No. 970212 be withdrawn on the sponsor's request.
The Chair thanks the Councilman. Next order of business is the consideration of the calendar. The Chief Clerk will STATED MEETING - CONSIDERATION OF CALENDAR read the bills on the first reading calendar.
Bill No. 980460, an ordinance authorizing the Commissioner of Public Property on the behalf of the City of Philadelphia to enter into a sublease agreement with the Philadelphia Authority for Industrial Development for use by the City and affiliated agencies of office space located at 990 Spring Garden, Philadelphia, Pennsylvania, and being subject to certain terms and conditions.
Bill No. 980682, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development without consideration a deed conveying fee simple title to a certain tract of City-own land with the building and improvements thereon situate on northeasterly side of 63rd Street, south of Eastwick Avenue under and subject terms and conditions of the Philadelphia Industrial and Commercial Development Agreement between the City paid and the Philadelphia Industrial Development Corporation respectfully reports. STATED MEETING - CONSIDERATION OF CALENDAR
Bill No. 980171, an ordinance establishing a no truck parking regulation on Cayuga Street, both sides, from G Street to Castor Avenue. Bill No. 980172, an ordinance establishing a no truck parking regulation on M Street, both sides. Bill No. 980173, an ordinance establishing a no truck parking regulation on Castor Avenue, both sides.
Bill No. 980176, an ordinance establishing a no truck parking regulation on Hunting Park Avenue, both sides.
Bill No. 980194, an ordinance establishing a parking regulation on Tenth Street, both sides from Catherine Street to Christian Street.
Bill No. 980195, an ordinance establishing a parking regulation on Eighth Street, both sides, Bainbridge Street to STATED MEETING - CONSIDERATION OF CALENDAR Fitzwater Street.
Bill No. 980196, an ordinance establishing a parking regulation on Fitzwater Street, both sides, Eighth Street to Ninth Street. PRESIDENT STREET Chair agrees.
Bill No. 980187, an ordinance establishing a parking regulation on Wharton Street, south side, Ninth Street to Passyunk Avenue.
Bill No. 980198, an ordinance establishing a parking regulation on Ninth Street, both Sides, Bainbridge Street to Fitzwater Street.
Bill No. 980199, an ordinance establishing a parking regulation on Second Street, east side, Fairmount Avenue to Green Street.
Bill No. 980200, an ordinance establishing a parking regulation on STATED MEETING - CONSIDERATION OF CALENDAR Fourth Street, west side, George Street to Cambridge Street and on Fourth Street, east side, Cambridge Street to a point 200 feet south of Cambridge Street.
Bill No. 980201, an ordinance establishing a parking regulation on Fourth Street, west side, Green Street to Wallace Street.
Bill No. 980202, an ordinance establishing a parking regulation on East Girard Avenue, south side, Frankford Avenue to Shackamaxon Street.
Bill No. 980205, an ordinance establishing a parking regulation on Ritner Street, south side, from Thirteenth Street to Juniper Street.
Bill No. 980206, an ordinance establishing a parking regulation on Alder Street, west side, Ritner Street to Wolf Street.
The Chair agrees. STATED MEETING - CONSIDERATION OF CALENDAR
Bill No. 980207, an ordinance establishing a parking regulation on Thirteenth Street, both sides, jackson Street to Wolf Street.
Bill No. 980208, an ordinance establishing a parking regulation on Thirteenth Street, both sides, Morris Street to Moore Street.
Bill No. 980209, an ordinance establishing a parking regulation on Clarion Street, west side, Jackson Street to Wolf Street.
Bill No. 980410, an ordinance establishing a parking regulation on Fifth Street, both sides, Catharine Street to Queen Street.
Bill No. 980411, an ordinance establishing a parking regulation on Seventh Street, both sides, Fitzwater Street to Catharine Street. STATED MEETING - CONSIDERATION OF CALENDAR
Bill No. 980649, an ordinance authorizing the installation of stop signs on Manayunk Avenue at the intersections of Seville Street and Kingsley Street.
Bill No. 980650, an ordinance authorizing the installation of stop signs on Acorn Street at the intersection of Hazlewood Street.
Bill No. 980651, an ordinance authorizing the installation of stop signs on Lansdowne Avenue at the intersection of Fifty-Eighth Street.
Bill No. 980652, an ordinance authorizing the installation of stop signs on Lebanon Avenue at the intersection of Georges Lane.
Bill No. 980653, an ordinance authorizing the installation of stop signals at the intersection of Sixty-Second Street STATED MEETING - 2ND, FINAL READING CAL. - 980712 and Haverford Avenue.
Bill No. 980654, an ordinance establishing a no tractor trailer parking regulation on Thirty-Third Street from Allegheny Avenue to Westmoreland Street, both sides.
The Chair agrees. The bills read by the chief clerk will be added to the our second and final reading passage calendar at our next meeting. Council will now consider bills on the second and final reading passage calendar. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. Bill No. 980712 on the second reading and final passage calendar is being called for consideration.
The Chair thanks Councilwoman Verna. The Clerk will read the title of the bill.
980712, an Ordinance amending Title 10 of th Philadelphia Code entitled "Regulation of Individual Conduct and Activity" by amending Chapter 10-300 entitled STATED MEETING - 2ND, FINAL READING CAL. - 980712 "Minors" by amending Section 0-303 entitled "Unlawful Conduct of Minors" and section 10-304 entitled "Unlawful Conduct of Parents" by amending the hours of curfew on certain days all under certain terms and conditions.
This bill having been read on two different days, the question now is shall bill pass finally? The Chair recognizes Councilwoman Blackwell.
Thank, Mr. President. Certainly I respect my colleagues and those who support this legislation. But quite frankly, in terms of quality and like bills that take away our rights, I've had it to here so certainly I will not supporting this legislation and hope that my colleagues will keep in mind when we have these kinds of things, everything dealing from noise to the number of people who can gather to people can get Section 8, that it's very, very dangerous to take away rights of citizens in our country. Thank you, Mr. President.
Is there anyone else? The Chair recognizes Councilman Cohen.
Mr. President, this STATED MEETING - 2ND, FINAL READING CAL. - 980712 just goes to show how people to generally think alike may differ. I think this bill is somewhat different. I will be voting for the bill. This is a bill that is tailored very carefully to a specific problem, a problem that we've dealt with in the City of Philadelphia and I think it deals very appropriately with the situation. I will, therefore, be voting for it, but I think that the concerns expressed by Councilwoman Blackwell are very important concerns. Whenever we impose any kinds of restrictions on conduct, those restrictions have to be supported by a very strong base as to why it is necessary on a temporary basis to make a restriction. Thank you. And I think Councilwoman Blackwell calls attention to our vigilance every time there is effort to restrict individual rights. Thank you.
The Chair recognizes Councilmembers in this order. Councilman Mariano.
Thank you, Mr. President. Mr. President, sometimes I wonder if I've been here too long or not long enough. But we went through this basically when I did the parental responsibility bill and at the beginning of that STATED MEETING - 2ND, FINAL READING CAL. - 980712 bill, the beginning of it was we raise the fines for people that are out past 10:30 on the weeknight and 12 o'clock on the weekend. Now, all this bill does is changes it from a weeknight to a weekend. It doesn't change any of the fines. It's just because it's mischief night and Halloween. All it does is it gives the police the same parameters where they can take that individual youth, take him home write him a citation right here. They came and testified when I did that bill. This doesn't change anything. It's the same thing the police can do if there's somebody out past midnight on weekend or 10:30 during the week. So it's the same thing, it's already a law. We're just changing it for these two nights. It's that simple. Thank you, Mr. President.
Thank you very much. The Chair recognizes Councilman Rizzo.
Mr. President, my concern -- I understand the objective, but my concern is the fact that there's a lot good kids out there who are not going to be throwing eggs and breaking car antennas and doing all the things that kids do on mischief night. I'm not going to vote STATED MEETING - 2ND, FINAL READING CAL. - 980712 for this because of the fact that I believe that there's kids out there that would like to be out without the guidelines, the parent accompanying the child or the other points that were made in the legislation. So I'm going to be voting no because I think it's unnecessarily restrictive. Thank you.
Thank you very much, Councilman. Anyone else? This bill having been read on two different dates, the question now is shall the bill pass finally? The clerk will call a role.
Councilwoman STATED MEETING - 2ND, FINAL READING CAL. - 980712 Krajewski.
Councilwoman Miller is voting aye. Councilman Nutter is voting aye. Councilman Ortiz.
Aye. The ayes are 13, the nays are 2. Majority of all members of Council having voted in the affirmative, the bill passes. This concludes our consideration of the STATED MEETING second and final reading passage calendar. Are there any speeches on the part of the members of the minority? Are there any speeches on part of the members of the majority? The Chair recognizes Councilwoman Tasco.
Thank you, Mr. President. Mr. President, for sometime now there has been much private discussion about the future leadership of this Council. In the last few days, this discussion has become public with varying opinions. However, the final outcome will ultimately be determined by the 16 members in this room. I want my colleagues and the citizens of Philadelphia to remember that I have not in the past, present, nor will in the future make any decisions based on ethnicity. We have had many spirited debates, never hitting below the belt. And I believe that we will continue our future deliberations in this mutually respectful manner. Over the past eight years, we have all worked hard to move this City forward. And while Ed Rendell is credited and called America's Mayor, we have always been America's City Council. STATED MEETING So when it comes down to making tough decisions about the future leadership of this Council, make no mistake about it. None of us have a reason to bring ethnicity into play, for each Councilmember has a record that speaks for itself. I thank you and I thank my colleagues.
Thank you very much. Anyone else wishing to speak? Seeing no one, the Chair recognizes Councilwoman Verna.
Thank you, Mr. President. I move the Council stands adjourned until Thursday November 12, 1998 at 10:00 a.m. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed say nay. The ayes have it. This Council stands adjourned until Thursday November 12, 1998. (Adjourned at 1:30 p.m.) C E R T F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of October 29, 1998, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public