COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Wednesday, September 23, 1998 10:40 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT JOHN F. STREET COUNCILWOMAN AUGUSTA A. CLARK COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DAVID COHEN COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN ANNA CIBOTTA VERNA COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN HAPPY FERNANDEZ COUNCILWOMAN MARIAN B. TASCO COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK DICICCO COUNCILMAN BRIAN J. O'NEILL COUNCILMAN RICHARD T. MARIANO COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN FRANK RIZZO MARIE B. HAUSER, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 9/23/98 STATED MEETING - GREETING, INVOCATION P R O C E E D I N G S.
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 their seats outside the rail. To give our invocation this morning, the Chair welcomes Reverend Ronald Paul Jaynes, who is the assistant rector at St. Paul Church. He is here today as the guest of Councilman Rizzo. Members and guests will please rise. (All rise.)
Let us pray. O God, you have ordained that men and women shall dwell together for their good in the life of the community. We pray your blessing upon all who are citizens and visitors to the city of Philadelphia. Give your grace to those who occupy positions of authority, and especially the members and staff of this City Council, that they may fulfill their responsibilities with wisdom and equity and in the fear of God. 9/23/98 STATED MEETING - APPROVAL OF 9/17/98 JOURNAL Grant that true faith, honest dealing, and mutual service may be the standard for our common life. And make us strong to meet every challenge which the coming day and days may bring. In your name we pray, o God. Amen.
The Chair thanks Reverend Jaynes for his inspiring invocation. (Council stands at ease.)
This is the approval of the journal of the meeting of Thursday, September 17, 1998. The Chair recognizes Councilman Augusta Clark.
Mr. President, I move the adoption of the journal of that date. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The journal of the meeting of Thursday, September 17, 1998, stands approved. 9/23/98 STATED MEETING - LEAVES OF ABSENCE
The Chair recognizes Councilwoman Verna for leaves of absence on behalf of Members of the Majority.
Thank you, Mr. President. On behalf of the Majority, there are no requests for leaves of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Longstreth.
Mr. President, I have no requests for leaves of absence.
At this time, we will dispense with our regular order of business to recognize visitors. To all of our visitors and guests with us this morning, the Chair welcomes you here today and applauds your interest in the civic affairs of our city, and we certainly invite you to come again. 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS I believe Councilwoman Blackwell would like to introduce some visiting guests with us. These are people that we all know, and we're always delighted to have them in our chamber. As a matter of fact, I think she might be doing something on their behalf right at the moment. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. We are very, very pleased to have legislation this morning that we will be introducing, dealing with the retirement and pension for policemen and firemen in the city, and we would certainly ask that they stand and be recognized. All of them are here, all the officers and those members of the rank and file who are here this morning.
Can we have these people stand. (Officers and firefighters stand for recognition.) (Applause.)
Thank you very much 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS for being with us. Will Councilwoman Verna please approach the Chair. (Councilwoman Verna approaches the Chair, assumes the Chair.)
Our first presentation honors Carolyn Gray. To make this presentation, the Chair appoints Councilwoman Clark. The Chair invites Miss Gray to come and receive the resolution. (Councilwoman Clark, Miss Gray, and others come forward.)
Councilwoman Blackwell, Councilwoman Blackwell, will you join us here.
Thank you. (Councilwoman Blackwell comes forward.)
I am so pleased today to read this resolution which recognizes an outstanding teacher, because we know how important education is to prepare our young people for productive citizenship in the new century. This resolution from the City Council of Philadelphia recognizes and honors Carolyn Gray 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS as Philadelphia's 1998 Teacher of the Year. Whereas this year in Philadelphia, the Teacher of the Year award is named for Dr. Ruth Wright-Haire, who died in January after more than half a century of service to Philadelphia's school children; and Whereas the Teacher of the Year award is sponsored by the School District, the Teachers Union, the Philadelphia Education Fund, and the Greater Philadelphia First Partnership for Reform; and Whereas Masterman's Carolyn Gray, a native of East Mt. Airy, is Philadelphia's 1998 Teacher of the Year; and. . .
Whereas Carolyn Gray, who considers herself a lifelong learner, dedicates herself to encouraging students to always learn new things; and Whereas Carolyn Gray brings energy and enthusiasm to her classroom, which always is looking for new and innovative teaching techniques; and Whereas Carolyn Gray demands higher-order thinking skills from her students at 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS Masterman, considered by some to be the best school in the district, and;
Whereas Carolyn Gray, who began teaching three decades ago in Dallas, Texas, returned to Philadelphia in 1986, teaching at Mann and then at the Hancock Elementary School; and Whereas she has taught science, social studies, literature, and classes for the mentally gifted at Masterman since 1992, she has spent her career helping children make the connections that will help them better understand their world; and Whereas Miss Gray's soft-spoken but demanding style brings out the best in her students and does honor to the memory of Dr. Ruth Wright-Haire; Now therefore resolved that the Council of the City of Philadelphia recognize and honor Carolyn Gray as Philadelphia's 1998 Teacher of the Year. This is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia, on the 28th day of May, 1998, signed by John F. Street, President, 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS introduced by Augusta Alexander Clark, and sponsored by every member of Council. (Applause.)
I'd like to take this opportunity to thank the Council for its recognition. I accept this award on -- or I guess the resolution on behalf of all teachers in the City of Philadelphia. With me today, I'd like to introduce, first of all my principal, Mrs. Barbara Bravo. (Applause.)
The vice principal, Mrs. McCrea. Mrs. McCrea put the Teacher-of-theYear packet together for me, while Mrs. Bravo made the nomination. (Applause.)
And my sister Vivian Lamar, who's here with me, and she gives me a lot of support and correction. (Applause.)
And also, I have two students. I have Meriam Lee. Meriam is currently 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS a 12th-grader. I had Meriam as a 7th-grader. She also wrote a letter on my behalf. And standing besides Meriam is Dan Moss. It was his mother's letter that Dr. Hornbeck read at the Teacher of the Year celebration, so he's representing the middle school, while Meriam is representing the high school. Thank you so much for everything. (Applause.)
Well, very briefly, I was, and I still am, in awe of having received this award. I know that it represents something very special in education to have your colleagues honor you in such a special way. It's also very heartwarming to receive the award when it first was given in the name of Dr. Ruth Wright-Haire. So I am still in awe of it, and everything is so incredibly exciting for me. And I want to thank everyone who supports teachers, who supports children, and who support parents. Thank you very much. (Applause.)
Council will be at 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS ease. (Council stands at ease.)
Our second presentation declares October as Domestic Violence Awareness Month. To make this presentation, the Chair appoints Councilwoman Tasco. The Chair invites Miss Karen Freeman and those with her to come and receive this resolution. (Councilwoman Tasco, Karen Freeman, and others come forward.)
This year marks the second annual "Let's Stop Domestic Violence Day" in Philadelphia. We have joined this national initiative in an effort to expose more people to the causes and signs of domestic violence while hoping that we can interrupt the relentless cycle of the many dysfunctional families enduring domestic violence on a daily basis. And with this in mind, we have asked Karen Freeman and Laurie Burns-Simms of the Let's Stop Domestic Violence Partnership to receive this resolution this morning, and we welcome them back 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS to City Council. This resolution declares October as Domestic Violence Awareness Month and designating October 1, 1998 as the second annual Philadelphia Let's Stop Domestic Violence Day. Whereas Philadelphia's four domestic violence service agencies documented that nearly 30,000 women requested help in 1995 to '96; and Whereas the University of Pennsylvania School for Communications conducted a survey which revealed that approximately in Philadelphia women report that they have been physically abused by a husband or boyfriend at some point in their lives; and Whereas Philadelphia has been selected as a pilot city for implementation of a three- to five-year model demonstration project to reduce the incidence of domestic violence; and Whereas local community-based organizations around the city have planned activities to educate citizens about domestic violence, including the distribution of literature, and canvassing, a community rally with the police commissioner, and community 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS presentations by the four domestic abuse programs; and Whereas the principal activity of October 1, 1998 will be a Market Street blitz, with a morning rally and the distribution of flyers and bumper stickers along the entire course of Market Street; Now therefore resolved by the Council of the City of Philadelphia that we hereby declare the month of October 1998 as Domestic Violence Awareness Month, and designate October 1, 1998 as the second annual Philadelphia Let's Stop Domestic Violence Day; Resolved further that an engrossed copy of this resolution be presented to Philadelphia Let's Stop Domestic Violence, a project of the Family Violence Prevention Fund, in collaboration with Women Against Abuse, Women in Transition, Lutheran Social Mission Society, and Congreso de Latinos Unidas, as an expression of the sincere gratitude of the Council for their efforts in sponsoring these timely discussions and activities across our city to combat domestic violence. Certification that this is a true and 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS correct copy of the original resolution adopted by the Council of the City of Philadelphia, on the 17th day of September, 1998, signed by President Street, introduced by Marian B. Tasco, and sponsored by all Members of City Council. Thank you again. (Applause.)
Thank you, Councilwoman Tasco, Councilwoman Verna, other Councilmen and women, ladies and gentlemen. We're very pleased to be here with you this morning, and I want to introduce the four women standing to my left who are holding up our banner. And we'll start on the right with Patrice Gamin, from Women in Transition; Cynthia Figueroa, from Congreso de Latinos Unidos, their Latina Domestic Violence Program; Beatrice Vierra, from Lutheran Settlement Bilingual Domestic Violence Project; and Lisa Nelson, the field coordinator for Philadelphia Let's Stop Domestic Violence. And, of course, to my right, Laurie 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS Burns-Simms, project coordinator for Philadelphia Let's Stop Domestic Violence. Thank you. (Applause.)
Council President, Councilmen and women, ladies and gentlemen, thank you for this opportunity to tell you that next week, on October 1st, Philadelphians and Americans across the country will join together to support victims of domestic violence and let batterers know that there's no excuse for domestic violence. Domestic violence touches every one of us. It fills emergency rooms and morgues. It keep employees from being able to work. It makes once-happy children fearful and angry. It destroys homes, and it destroys families. All Philadelphians must join together in this effort. Domestic violence does not discriminate. It knows no racial barriers, no economic barriers, no social barriers. Domestic violence exists in all neighborhoods, in all cities, and in all countries. Only by coming together can our communities and our city stop the epidemic of 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS domestic violence once and for all. Each and every one of us must take a stand and do what we can to reduce the incidence of domestic violence. On Thursday, October 1, Philadelphia's Let's Stop Domestic Violence, in collaboration with the four domestic violence programs here in Philadelphia -- Congreso de Latinos Unidos, the Lutheran Settlement House, Women Against Abuse, and Women in Transition -- will hold a rally for volunteers, who will then go out onto Market Street, from 11 to 2 p.m., to canvass the street with lifesaving information for victims and for the general public who want to do something about this epidemic. This resolution and recognition by the Council is greatly appreciated, but we hope that Councilmembers go further in demonstrating your commitment to do something about domestic violence. We ask all of you, all of City Councilmembers to commit one staff member for three hours to volunteer next Thursday for the Market Street blitz. A sign-up sheet will be passed around, if it hasn't already been so -- oh, 9/23/98 STATED - RECOGNIZE VISITORS, PRESENTATIONS will be passed around, for you to indicate your commitment. We'll follow up with your designated contact. The materials on your desks before you will give you more information about the Philadelphia Let's Stop Domestic Violence campaign, the agencies, and the work that's already very well-known to many of you, and the information, of course, about the Market Street blitz. Please join us and help us send a message that there is no excuse for domestic violence in your homes, in your neighborhoods, in your workplaces, and certainly no excuse for domestic violence here in the City of Philadelphia. Thank you. (Applause.)
The next order of business is communications. 9/23/98 STATED MEETING - COMMUNICATIONS The Chair recognizes the Sergeant-At-Arms for the purpose of delivering the messages from the mayor to the chief clerk. The chief clerk will read the messages from the mayor.
To the President and Members of the City Council of the City of Philadelphia, I am transmitting for the consideration of your honorable body a draft or a resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of Eastwick Urban Renewal Area, identified by house number and street address as 8008 Madison Avenue, and authorizing the Redevelopment Authority to execute the redevelopment contract with William Johnson. 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 of Model Cities Urban Renewal Area designated as Parcels 1, 2, 3, 4, 5, and 6. And to the President and Members of the City Council of City of Philadelphia, I am pleased 9/23/98 STATED MEETING - COMMUNICATIONS to advise you that I have signed throughout the summer 111 bills which Council passed in the month of June. And a memorandum from Rick Auerbach, senior attorney, July 22nd. Bills that have become law without the mayor's signature. On April 23, 1998, City Council passed Bill No.'s 970693, 980022, 980121, 980174, and 980175. I understand that these bills were presented to the mayor for his approval on April 28, 1998. These bills were neither signed by the mayor, nor returned, disapproved at the Council session held May 14, 1999 (sic), which was the first session of Council held not less than ten days after the date the mayor received the five bills. Therefore, under Section 2-202 of the Philadelphia Home Rule Charter, these five bills became law on May 14, 1999 -- I'm sorry, 1998, and certified copies of the bills should be prepared, so indicating. Please note that the mayor did sign Bill No. 980121 on June 24, 1998. However, the certified copy of Bill No. 980121 should still 9/23/98 STATED MEETING - COMMUNICATIONS indicate that it became law on May 14, 1998, pursuant to Section 2-202 of the Charter.
The messages will be printed in the journal. The chief clerk will read any other communications in her possession.
To the President and Members of the Council of the City of Philadelphia, I am returning herewith, as disapproved, Bill No. 970485, which was passed by Council at its session on June 18, 1998. The bill would prohibit automatic teller machine (ATM) surcharges by any banks designated as depositories for the City of Philadelphia. Let me begin by saying that I am sympathetic to the frustrations that Councilman Nutter, the Members of Council, and all of us, including me, feel over having to pay ATM surcharges, particularly the practice of charging an additional fee to non-customers for the exact same service. Notwithstanding this frustration, however, I want to explain the reason for my decision to veto the bill. First, if Bill 970485 were to become 9/23/98 STATED MEETING - COMMUNICATIONS law, it is extremely doubtful that the City of Philadelphia would be able to find a local bank to handle its operations. Indeed, our comprehensive review of ATM fees statewide reveals that there are only three small banks in the entire commonwealth that do not levy ATM surcharges; none of these locations in the eastern portion of Pennsylvania, let alone in Philadelphia. And not one of these institutions possesses significantly sophisticated checkprocessing systems to meet the needs of the City's payroll and payments accounts. The City issues more than one million checks each year, including 60,000 payroll checks or direct deposits and funds each month for 30,000 City employees. Smaller banks simply are not equipped to handle this body of activity with accuracy and efficiency. Second, the efficient operation of the City's finances demand that its depositories be sophisticated enough to receive and record in excess of 400,000 payments each month which come to the City from a variety of sources, including local residential and business taxpayers, the Commonwealth of Pennsylvania, the federal 9/23/98 STATED MEETING - COMMUNICATIONS government, and a variety of private and public grants. Our review, conducted under the auspices of the Finance Department, indicates that few small banks possess the requisite complex reporting systems to meet these needs. Again, none of these is located in or near Philadelphia, which means that there would be inevitable delay in the availability of City funds if any of these institutions were selected as depositories. Similarly, few small banks offer automatic account reconciliation or even direct-deposit services. As a result, delays in processing payments to and from the City would be inevitable. Given the volume and complexity of banking transactions in which the City is involved, it is imperative that the City engage the services of depositories that possess the necessary systems and services to handle the City's banking needs with speed, accuracy, and efficiency. Third, given the wave of mergers and acquisitions that have increasingly made banking a national enterprise, it is extremely unlikely that 9/23/98 STATED MEETING - COMMUNICATIONS a bank headquartered outside a city or a region, or one headquartered in another state, would be willing to abandon ATM fees in one jurisdiction alone. To demand that a regional or national bank abandon ATM surcharges only in Philadelphia simply ignores banking reality. Although the City is a significant client, generating fees of approximately $1 million annually, that figure pales in comparison to the revenues banks receive from the ATM surcharges in Philadelphia. In any other region in which the bank operates under these circumstances, it strains to believe that banks would forego these revenues in order to earn or maintain a designation as a City depository. Fourth, Bill No. 970485 requires banks to forego ATM surcharges, yet does not provide for a consistent and rational set of remedies in the event that a bank is found to have violated the ordinance.
Specifically, the bill provides that banks acting as City depositories, quote, shall not change that, quote -- I'm sorry -- shall not change any fee or surcharge, quote. But if a bank 9/23/98 STATED MEETING - COMMUNICATIONS is found to have violated the ordinance, the bill states only that, quote, Council may revoke the designation of such bank as its City depository, quote. In effect, the bill requires Council to enact separate legislation to revoke an offending bank's designation. Such a regulatory scheme could lead to inconsistent enforcement, one in which a bank theoretically could violate the provisions of the bill without being penalized for it, unless and until Council enacts legislation to revoke its designation as a City depository while other violators are being punished. I am convinced that Bill No. 970485 does not provide an effective solution to the problem of escalating ATM costs. To the contrary, Bill No. 970485 would have serious consequences for the City's financial operations, while also negatively impacting the City's employees and taxpayers. I believe that the answer to this problem lies in the enactment of federal legislation, as introduced by Senator Alphonse D'Amato of New York, to create a uniform and 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS consistently enforceable regulatory scheme to prohibit excess ATM surcharges. For all these reasons, I must disapprove Bill No. 970485. Respectfully submitted, Edward G. Rendell.
The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Clark.
Madame Chair, today I have two bills and one resolution on behalf of President Street.
The Chair thanks the lady. The chief clerk will please read the title of the bills.
An ordinance amending Section 19-201 of The Philadelphia Code relating to City depositories by clarifying and 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS updating the list of institutions in which the City is authorized to deposit funds, and by amending certain conditions.
The bill will be referred to the appropriate committee.
An ordinance authorizing the president of the Fairmount Park Commission and the executive director of the Fairmount Park to execute a lease covering that portion of Fairmount Park known as "River Field" with the Philadelphia Authority for Industrial Development for a term of 25 years, with one 5-year renewal option under which PAID shall execute a sublease with the Friends of River Field, Inc., a nonprofit corporation, organized under the laws of the Commonwealth of Pennsylvania.
The bill will be referred to the appropriate committee.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for properties situated in the 28th Ward of the City of 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS Philadelphia.
Councilwoman Clark, would you make a motion to suspend the rules of Council.
Madame Chair, I move that the rules of Council be suspended so as to permit immediate consideration of all resolutions introduced today. (Duly seconded.)
It's been properly noted and seconded. All those in favor will signify by saying aye. Those opposed? The ayes have it. The motion is so carried. We will now vote to consider the vote on your resolution. The Chair recognizes Councilwoman Clark.
Madame Chair, I move that this resolution be adopted. (Duly seconded.)
All those in favor will signify by saying aye. 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilwoman Blackwell.
Thank you, Madame Chair. I have one bill that I introduced, that is sponsored by -- it is signed by 15 members of City Council. It is cosponsored by myself as well as yourself, Councilwoman Verna, Councilman Nutter, Councilman Kenney, Councilwoman Krajewski, Councilman DiCicco, Councilman Rizzo, Councilman Mariano, and Councilwoman Clark.
Thank you. The clerk will please read the title of the bill.
An ordinance amending the Retirement System Ordinance, approved December 3, 1956, as amended; and amending the Municipal Retirement Benefit Plan 1987 Ordinance, which became effective January 8, 1987, as amended, by adding new sections to, in the case of both ordinances, provide for increases to the benefits of police and fire retirees, by providing 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS for cost-of-living increases and by allowing police and fire employees to purchase service credit based on a higher compensation, under certain terms and conditions; and making certain related technical amendments.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madame Chair. On your behalf, by request, I offer one bill. There are no bills for myself today.
An ordinance 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS 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-owned land, with the buildings and improvements thereon situated, on the northeasterly side of 63rd Street, south of Eastwick Avenue, under and subject to the terms and conditions of the Philadelphia Industrial and Commercial Agreement between the City, PAID, and the Philadelphia Industrial Development Corporation.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
Thank you. The clerk will please read the title of the bill.
To name Tot Lot, at 177 through 185 West Price Street, "The Rosalyn Freeman and Myrtle Scott Tot Lot."
The bill will be 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS referred to the appropriate committee. The Chair recognizes Councilman Nutter.
Thank you, Madame Chair. I offer one resolution on behalf of myself and Councilwoman Miller and many other members of City Council.
A resolution authorizing the Special Committee on Parks, Recreation and Cultural Affairs to hold hearings and conduct a full review of the operation and maintenance of the Recreation Department's facilities, including but not limited to type of programs, number of youth and adults served, hours of operation, and condition of facilities and equipment, current funding levels of programs, personnel, materials, supplies and equipment, and accountability and performance measures in place for both program and maintenance staff; And further authorizing the committee to evaluate programs and maintenance procedure available in other comparable municipal recreation departments; and to make recommendations on policy and funding changes.
The Chair 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS recognizes Councilman Nutter.
Madame Chair, I move the adoption of the resolution. (Duly seconded.)
All those in favor will signify by saying aye. Those opposed? The ayes have it. The motion is so carried. The Chair recognizes Councilwoman Fernandez.
Thank you, Madame Chair. I have no bills or resolutions this morning.
The Chair thanks the lady. The Chair recognizes Councilwoman Tasco.
Madame Chair, I have no bills or resolutions today. 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS
The chief clerk will please read the title of the Bill.
An ordinance amending Title 14 of The Philadelphia Code relating to zoning and planning by amending Chapter 14-1600, entitled "Miscellaneous," by amending Section 14-16-07, entitled "Special Controls for the Center City Commercial Area," and by amending Section 14-1803, entitled "Criteria for Granting a Special-Use Permit," by requiring a Zoning Board of Adjustment special-use permit for certain uses for properties fronting on the north side of Market Street between Front Street and Fifth Street, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Madame Chair, I 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Mariano.
An ordinance amending Section 10-611 of The Philadelphia Code entitled "Sidewalk Behavior," by providing that the 7th City Councilmatic District shall be covered by the prohibitions and penalties set forth in said Section 10-611 of The Philadelphia Code.
The bill will be referred to the appropriate committee. (President Street resumes Chair.)
The clerk will please read the title of the resolution introduced by Councilman Mariano. The Chair thanks Councilwoman Verna.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area designated as Parcel No.'s 1, 2, 3, 4, 5, and 5, also sometimes identified by house numbers and street addresses for Parcel No. 1 as 564 through 68 West Dauphin Street, 2222 through 42, and 2246 through 60 North Fairhill Street.
Mr. President, I move for the adoption. (Duly seconded.)
All those 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 Longstreth.
The Chair thanks the Councilman. 9/23/98 STATED MEETING - INTRO. BILLS, RESOLUTIONS The Chair recognizes Councilman Rizzo.
The next order of business is reports from committees; there are no reports from committees.
Council will now consider the calendar. The chief clerk will read the bills on the first-reading calendar.
Mr. President, we have none on the first-reading calendar.
Council will now consider the bills on the second- and final-reading passage calendar. The Chair recognizes Councilwoman Verna. 9/23/98 STATED - FINAL READING - BILL 980330-A
Thank you, Mr. President. Bill No. 980330-A is the only bill being called for consideration on the secondreading and final-passage calendar. All others are being held.
The Chair thanks the Councilwoman. The first bill for consideration will be Bill No. 980330-A. The clerk will please read the title of the bill.
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 of the City of Philadelphia for the redevelopment of Grays Ferry Urban Renewal Area, by approving the eighth amendment of the redevelopment proposal and the urban renewal plan, which provide inter alia for the expansion of the northwestern boundary to 36th Street between Wharton Street and Grays Ferry Avenue, certain additional land acquisitions; And provision of certain relocation 9/23/98 STATED - FINAL READING - BILL 980330-A services, as required by law, for the individuals, families, and business concerns which will be displaced.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilwoman Tasco? 9/23/98 STATED - SPEC. ORDER OF BUS. - BILL 970485
Aye. The ayes are 17, the nayes are 0. The majority of all Members of Council having voted in the affirmative, the bill passes. This is the only bill we have for consideration on our second- and final-reading passage calendar. Council will please stand at ease for a couple of minutes. (Council stands at ease.)
Council will please come to order. This is a special order of business. The mayor has transmitted to Council his veto of Bill No. 970485. At this time, Council will proceed to consider the possibility of reconsidering the votes by which that bill was 9/23/98 STATED - SPEC. ORDER OF BUS. - BILL 970485 approved. The Chair recognizes Councilman Nutter.
Thank you, Mr. President. Mr. President, I have a letter that I've just received a copy of, which is from the mayor. I'd like to read this letter into the record, and then I have some remarks that I'd like to make.
Thank you, Mr. President. This is a letter to the President and Members of the Council of the City of Philadelphia. "Last week, I submitted to the Council my veto of Bill 970485, which seeks to prohibit automatic teller (ATM) surcharges by any banks designated as depositories for the City of Philadelphia. "While I remain opposed to the legislation and commend those members of Council who support my veto, I would also note that the debate over the bill has raised a number of 9/23/98 STATED - SPEC. ORDER OF BUS. - BILL 970485 important issues. Among these are the frustrations that all of us share over having to pay ATM surcharges. But equally important has been the increasing awareness generated during the course of the ATM surcharge debate over the need for all of us to work together to develop ways to attract jobs and business opportunity to Philadelphia's financial services sector. "As the banking leaders noted as recently as yesterday when they met with Members of Council to discuss the bill, the Philadelphia region is home to more than 55,000 financial services jobs. It is imperative that we do all in our power to retain these jobs in today's highly competitive and ever-changing financial marketplace, while also working together to attract new jobs and opportunities for our citizens. "To that end, I will join with Council President Street to convene a working group comprised of City-elected and -appointed officials, as well as representatives of the Greater Philadelphia Chamber of Commerce and the banking industry to review these and other issues 9/23/98 STATED - SPEC. ORDER OF BUS. - BILL 970485 pertaining to the financial services industry. "It is my expectation that this working group also will develop recommendations to state and federal governments that will address the issue of ATM surcharges, including the practice of charging an additional fee to non-customers for the exact same service. In addition, I will ask the working group to develop recommendations for enhancing the business environment for businesses in the finance, insurance, and real estate services sector. "I want to thank the Members of Council for their support, and I look forward to working with you on these important issues. "Sincerely, Edward G. " Mr. President, all I can add to this is that I would also like to thank the Members of Council who have been supporters of Bill 970485. And regardless of where anyone may have ended up after the vote of this past June, I respect my colleagues, their interests, their concerns, and some of the things that they were told throughout the course of the debate. 9/23/98 STATED - SPEC. ORDER OF BUS. - BILL 970485 There was certainly a great amount of information. Unfortunately, as it happens in our process, there was also a fair amount of misinformation, but we understand the process. And I think that all Members of Council, certainly, and possibly even some people in the banking community, realized what the true impact of the bill is and what it is not. Having said all of that, and I certainly would anticipate participating in this working group should I be asked to participate, nonetheless, this is a very important issue. It is not something that can be swept under the rug, it is not something that this Body inappropriately took up, it is not something that this Body tried to slip through. The fact of the matter is that in June of 1997, this bill was introduced. There was no response from the banking community whatsoever, with the exception of one bank. There was no participation at a public hearing literally a year later, with the exception of one bank. There was no discussion over the summer, after this Council passed the bill 14 to 2. 9/23/98 STATED - SPEC. ORDER OF BUS. - BILL 970485 One bank did come to the public hearing, and I appreciate the participation of Dr.
Emma Chappelle from United Bank for her thoughts and her ideas, her concerns, and even some of her suggestions, and I would hope many of those issues will be taken up by the proposed working group. Now, there has been a lot of discussion over the past few days. This process, while not perfect, can in fact operate much more orderly than it has in this particular matter. And so I would hope, going forward, that we would have a much more sincere participation by the banking and business community on this particular issue. That is not meant to be reckless. We would not be irresponsible, but I think we do have an obligation to try to represent the interests and concerns of our various constituents. This is not a political issue; this is a people issue. It is unfortunate that many of my colleagues, on such a bill, would face either numerous phone calls and, at times, as I understand it, particularly threatening ones to them on such a bill. It is not -- it does not rise to that level. And if anyone suffered that 9/23/98 STATED - SPEC. ORDER OF BUS. - BILL 970485 unfortunate circumstance, I certainly regret it and never meant to put anyone in any particular danger or harm. My colleagues have been straight with me, they have been honest, and I respect their concerns. And for that reason and because we will have the opportunity to revisit these particular issues, there is no need to have a vote at this particular point in time. The members spoke in June, they demonstrated their concern and their interest by a vote of 14 to 2. Whatever happens after that is what happens, but we have spoken about this issue and I will leave it at that point. Thank you, Mr. President.
Thank you very much. This, then, completes our consideration of the special order of business.
Are there any speeches on the part of Members of the Minority? (No speeches on the part of Members of the Minority.) 9/23/98 STATED - SPEECHES
Are there any speeches on the part of Members of the Majority? The Chair recognizes Councilman Cohen.
Councilman Cohen, I think people are signaling that you use that microphone.
Because of the Jewish New Year holiday that began Sunday night -and, of course, we're still in that period until next Wednesday on Yom Kippur, but because of the holiday, I had the special opportunity to listen to a great deal of the president's tape. And it caused me to have many observations and numerous concerns, and I wanted to mention some of them. I've been a lawyer for more than 60 years. During the course, it's been a varied legal practice, but it did include for a good number of years representation of many defendants in criminal actions. Most people that don't have firsthand experience with the criminal process don't quite appreciate what occurs when grand 9/23/98 STATED - SPEECHES juries get into action. And when -- and in the only instance I know of in our legal system, most people face grand juries without counsel next to them. It's a foreboding experience even when having, as the president had, a counsel next to him. If you heard it, you heard sort of the voices of doom coming from the unseen members of Kenneth Starr's staff. I don't call him "Judge Starr," although he served some years on the Circuit Court of Appeals bench, because I think his action as an independent prosecutor disgraces the judiciary. I think he and his staff disgrace the legal profession by the way in which they've introduced something I never thought I would see again in my lifetime -- and that is the introduction of McCarthyism in its very worse form into the whole legal process. I don't know what other people's reactions are, but let me say for the record, in my judgment as to how President Clinton fared as a witness, I thought he did an outstanding job. I thought, despite all of the difficulties, he spoke out strongly on his views. 9/23/98 STATED - SPEECHES And he made it clear -- and I've never had any doubt -- that he is in fact the president of the United States, and not only the leader in the United States, but if you turned the knob and saw what happened at the United Nations Council, you saw the enormous respect that all of the world's leaders paid to him. There's never been any question in my mind that he's capable of leadership. And, as many of the Councilmembers know, I am not a lover of some of Clinton's policies; I've spoken out sharply in opposition to them. But the fact remains that, like nobody else, he stands up and stood up during his whole term and stands up now for senior citizens. His is the one clarion voice of top-government people calling for making certain that the Social Security system stays alive and strong, and senior citizens know they have a friend at the top level of government. Women know that, 'cause there's never been a president that ever gave the recognition to women as this president has by his actions. Minorities know that, because there never has been 9/23/98 STATED - SPEECHES a president who gave such recognition to all minorities and recognized them as total equals. There's never been a president that stood up for education as this president has. And there's no president that ever fought to get more police into our neighborhoods as this president has. I don't want to go through the whole litany. And those in the labor movement have never had a president who fights for the rights of ordinary working people. He's the one voice that says it's wrong for the law to provide, as it does today, that when working people are forced to go on strike as they seek higher wages, that the employer under the law today in the United States has the right to fire those workers. His is the one voice that says no to that and has called for a change. Yesterday there was a vote in the Senate, and the same folks who are leading the fight against the president also fought against the dollar increase in the minimum wage. 15 an hour, a still-below poverty rate; and yet, the great leaders, all of them that are carrying on 9/23/98 STATED - SPEECHES against the president, said no to that proposal.
I wanted to commend two of our three City Congressmen, Congressman Fattah and Congressman Brady, because they had both the foresight and the courage, the political courage, to stand up and vote no to that very awful resolution passed by the House of Representatives at the federal level that authorized the judiciary committee to release whatever it wanted to. And I thought what was released was a terrible thing to do. I don't know whether they were trying to introduce sex education or pornography because one could look at it whichever way they wanted. They didn't do what any lawyer is supposed to do. Before you know what evidence you're going to produce, you have to know what the issues are. And if you've been watching the TV programs, you know there's been no action by the house judiciary committee to even define broadly what constitutes an impeachable offense. The country is acting at the national level as if it were not a country ruled by law. They talk of crimes of the president. Mr. President, I must have missed something in my 9/23/98 STATED - SPEECHES law school days and in my practice. I've always been under the belief that no one can be convicted of a crime unless there was a trial and a judge or a jury found somebody guilty, that there is a presumption of innocence until that trial takes place. And so I'm dumbfounded to hear that the president committed crimes because it means we no longer have the presumption of innocence. I'm not going to go into all of the elements. One could speak for many hours, but I did want to make clear that in my judgment, the one who maybe committed high crimes and misdemeanors against the United States, against our form of government, is Kenneth Starr and his little band of -- I guess we have to call them "lawyers" because they have a legal license, but I thought their behavior was terrible. Thank you very much, Mr. President.
Thank you very much. The Chair recognizes Councilman Ortiz.
Mr. President, thank you. I concur with -- I concur with the statements of Councilman Cohen, and I believe that 9/23/98 STATED - SPEECHES it's time for our Democrats in the House to stand up for our president and begin acting as Democrats and as constitutional people who are there to defend the constitution. But I don't rise for that. Puerto Rico and the Dominican Republic have been hit probably by the worst hurricane that the Caribbean and that island have been visited with in the last 80 years. More than 30,000 people have been left homeless, there is no electricity across the island, there's no water across the island, the whole island is in essence without communications between the different towns and the different municipalities. We have great hardships because we don't know at this point how the Dominican Republic will fare and Haiti. But, obviously, Haiti and the Dominican Republic may be worse off than Puerto Rico at this point because the infrastructure of those two countries are not in as good condition as the ones in Puerto Rico. We have whole islands -- Viesques, Culebra -- that have been destroyed. We have schools that have been totally ripped apart by the 9/23/98 STATED - SPEECHES winds and the mudslides that have occurred. And today, I rise to ask the people of Philadelphia for assistance for Puerto Rico and Hispanola. and they can do that by sending a check, because that's what is needed at this point, to: Rescate 98 c/o Colcilio 7th and Fairmount Rescate is spelled R-E-S-C-A-T-E; and Concilio is C-O-N-C-I-L-I-O, at 7th and Fairmount. And we need -- we don't need food and clothing. What I think people need at this point in time is the financial wherewithal to begin putting their lives together. And in this hour of need, a lot of our citizens here in Philadelphia have many, many relatives in these two nations, in the nation of Puerto Rico and the nation of the Dominican Republic and Haiti. And we would hope that the citizens of Philadelphia would rise up, as they have done before, and come to the assistance of people that are in need. Thank you, Mr. President. 9/23/98 STATED - SPEECHES
Thank you very much, Councilman. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. My mike keeps falling apart, but we're trying to keep it together. I certainly concur with the statements made by both of my colleagues this morning. I find it very, very sad that in this country, when we have a president who's obviously doing a good job, because when all else fails, there are those in a democracy who would sink to this level to try to criticize him. So I think that it is important that we focus on that. We're not talking about his performance on domestic policy or across the world -- no criticism there. And so there are those who would sink to this low a level. So, certainly, I agree with all of those that I've spoken with across the city and in other states who are totally behind and supportive of our president. Thank you. 9/23/98 STATED MEETING - ADJOURNMENT
Seeing no lights, the Chair recognizes Councilwoman Verna.
Thank you, Mr. President. I move that Council stand adjourned until Thursday, October 8, 1998, at 10 a.m. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. This Council stands adjourned until Thursday, October 8, 1998, 10 o'clock a.m. (Adjourned at 11:54 a.m.) C E R T I F I C A T E I HEREBY CERTIFY that the foregoing excerpt of proceedings of the Council of the City of Philadelphia of Wednesday, September 23, 1998, was reported accurately by me, and that this is a correct transcript of same. RE: 9/23/98 STATED MEETING __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter