COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, September 12, 2002 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK J. DI CICCO COUNCILMAN WILSON W. GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Steve Avinger, Pastor of Greater St. Matthew Baptist Church. He is here today at my invitation. All members and guests will please rise. REV. AVINGER: God, as we consider the business of this government, we pause to recognize the God of creation, the one who has called this government into being. And even as we reflected on yesterday the tragedies of a year ago, we pause because we recognize our frailties without you. We continue to pray for the families of those who were directly and indirectly affected by those tragedies. We pray for this world and particularly this country that we live in, for our President and the leaders of our federal government. We pray for our Governor and the leadership of our state government, even the Mayor, the President of this Council and these Councilpersons. We ask for wisdom as they think through the affairs of this City which affect hundreds of thousands of us. We pray not only for for stability, for corporation, and for deep reflection. We honor you as we conduct this business, in the name of our Lord we pray. Amen.
The Chair thanks Rev. Avinger for his inspiring invocation. Reverend, thank you. The next order of business is the approval of the Journal of the meeting of June 13, 2002. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the Thursday, June 13, 2002, stand approved. (Duly seconded.)
It has moved and properly seconded that the Journal of the meeting of Thursday, June 13, 2002, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries. The Journal of the meeting ABSENCE, WELCOME of Thursday, June 13, 2002, is approved. The next order of business is requests for leave of absence. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning a leave of absence is requested for Councilman Cohen.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill. Is Councilman O'Neill in the room? The Chair recognizes Councilman Rizzo.
Madam President, I have no requests for leave of absence today.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia. I am pleased to advise you that I have signed all the following bills that were passed by Council at its session on June 6, 2002, except 010659, 020225, and 020256. And I am also pleased to advise you that I have signed all of the bills that were passed by Council at its session on June 13, 2002, except 020283. And I'm transmitting for the consideration of your honorable body a draft of a resolution entitled, "A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Haddington Urban Renewal Area." AND RES. And I am returning herewith Bill No. 010659 without my signature. Council passed this bill at its meeting on June 6, 2002. I cannot sign this bill at this time in light of the many competing spending priorities of the City and the limited resources we have to meet those priorities.
The messages will be printed in the Journal. The Clerk will please read any other communications in her possession.
Thank you. The next order of business is introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended to permit immediate consideration of resolutions at their time of introduction.
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will signify by saying aye. (Aye.)
The ayes have it and the motion carries. At this time we will consider a special order of business, a resolution recalling Bill No. 020225. The Chair recognizes Councilman Nutter.
The Clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 020225 entitled, an ordinance amending Title 14 of the Philadelphia code entitled "Zoning and Planning," by amending Chapter 14-200, entitled "Residential Districts," by making certain technical amendments under certain AND RES. terms and condition for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted requesting the Mayor's return of Bill No. 020225. All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has been passed. The Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia, I'm returning herewith as requested by your resolution adopted September 12, 2002, Bill No. 020225 AND RES. entitled, an ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning" by making certain technical amendments, under certain terms and conditions for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
The Chair recognizes Councilman Nutter for a motion that Council reconsider the bill by which Bill No. 020225 was passed.
Madam President, I move that Council reconsider the vote of Bill 020225 as previously passed by the Council.
All in favor, please signify by saying aye. (Aye.)
The ayes have it. A majority of all members having voted in the affirmative, the motion carries. The vote by which AND RES. Bill No. 020225 was passed has been reconsidered. This bill having been reconsidered is now before us. The Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I move the adoption of the amendments as circulated to Bill 020225. All members have received copies of the amendments.
It has been moved and properly seconded that the amendment be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and Bill No. 020225 has been amended. This bill will be placed on the Final Reading Passage Calendar for our next Session of Council. At this time the Chair recognizes Councilman O'Neill.
Madam President, I AND RES. understand the Mayor has sent up a similar request on Bill No. 020283 to have a recall for reconsideration. I'm prepared to do that. I don't have the written resolution in front of me. I understand it's a letter from the Mayor.
Excuse me. You're making a motion to reconsideration?
Yes, I'm making a motion to reconsider Bill No. 020283.
It has been moved and properly seconded -- a motion has been moved and seconded to adopt the resolution requesting the Mayor's return of Bill No. 020283. All in favor will signify by saying aye. Councilman, I think your request is that the Mayor should return the bill?
I move that the Mayor return the bill for Council's consideration. AND RES. Bill No. 020283 which has a technical problem, I'll be leaving on the Calendar until next week for an amendment.
It has been moved and seconded that the bill be recalled. All in favor will signify by saying aye. (Aye.)
The ayes have it and the motion carries. The Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City Philadelphia, I am returning herewith as requested by your resolution adopted September 12, 2002, Bill No. 020283 entitled, An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by making certain technical amendments, under certain terms and condition for the purpose of AND RES. reconsideration by the Council of the vote by which said bill passed Council.
The Chair recognizes Councilman O'Neill for a motion that Council reconsider the vote by which Bill No. 020283 was passed.
Madam President, I move that Council reconsider the vote by which Bill No. 020283 was passed. (Duly seconded.)
It has been moved and properly seconded. All in favor will signify by saying aye. (Aye.)
Those opposed? The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 020283 was passed has been reconsidered. This bill will be placed on the Second Reading and Final Passage Calendar for our next Session of Council. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one resolution on your behalf. AND RES.
Thank you. The Clerk will please read the title of the resolution.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the resolution has been adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce three resolutions, one co-sponsored by Councilman Nutter AND RES. and another cosponsored by Councilpersons Blondell Reynolds-Brown and W. Wilson Goode, and two bills. I also introduced 12 bills on your behalf.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by amending Chapter 14-2007 to start building structures and sites to City Council and the Mayor regarding the designation of districts of the City as historic.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 10-600 of the Philadelphia Code entitled "Public Places Prohibited Conduct," by amending Section 10-611 entitled "Sidewalk Behavior," by amending the enforcement and penalties provisions, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on 19th Street, AND RES. both sides, Fitzwater Street to Catherine Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Rosewood Street, east side, Snyder Avenue to Jackson Street.
This bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation of Rosewood Street, east side, Porter Street to Shunk Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on 16th Street, east side, Porter Street to Shunk Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Broad Street, west side, Bigler Street to Pollack Street.
This bill will be referred to the appropriate committee.
And an ordinance AND RES. establishing a parking regulation on Carlisle Street, west side, Ritner Street to Porter Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Colorado Street, both sides, Bainbridge Street to Fitzwater Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Catherine Street, both sides, 19th Street to 20th Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Fitzwater Street, both sides, 21st Street to 22nd Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Carlisle Street, west side, Porter Street to Shunk Street.
This bill, AND RES. too, will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Carlisle Street, west side, Shunk Street to Oregon Avenue.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Porter Street, both sides, Broad Street to 15th Street.
This bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Haddington Urban Renewal Area.
Madam President, I move for the adoption. (Duly seconded.)
It has been AND RES. moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. The resolution last been adopted. The Clerk will please read the title of the second resolution.
A resolution authorizing the Council Committee of the Whole to hold hearings on real estate taxation in Philadelphia and the potential of land value taxation to encourage development and discourage blight creation in the City and further authorizing the Committee to seek advice and recommendations on real estate tax policy and land value taxation from citizens, community groups, economists, business executives, officials from other jurisdictions.
Madam President, I move for the adoption. AND RES. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the final resolution.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor signify by saying aye. (Aye.) AND RES.
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilwoman Krajewski.
Madam President, I have two resolutions, one sponsored by myself and Councilwoman Miller.
Thank you. The clerk will please title of the first resolution.
A resolution recognizing September 2002 as Childhood Cancer Awareness Month and proclaim September 28, 2002, as Gold Ribbon Day in honor of childhood cancer patients, caregivers, survivors, and those children who have succumbed to the disease.
Move for the adoption of the resolution. (Duly seconded.)
It has been AND RES. moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has been adopted. The Clerk will please read the title of the second resolution.
A resolution honoring the memory General Friedrich Wilhelm von Steuben and designating the area of 22nd Street and Benjamin Franklin Parkway as "Steuben Paltz" in celebration of the 32nd Annual Steuben Day Parade to be held on Saturday, September 28, 2002.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. AND RES. All in favor signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the first bill.
An ordinance establishing a no truck parking regulation on Orthodox Street between Trenton Street and James Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a no truck parking regulation on Summerdale Avenue from Kendrick Street to Hoffnagle Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing no truck parking regulation on AND RES. Friendship Street between Loretto Avenue and Summerdale Avenue.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Wyoming Avenue, both sides, C Street to D Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development without consideration a deed of a certain tract of land with the buildings and improvements thereon located in Fifth and Huntington Streets.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Thank you. The Clerk will please read the title of the first resolution. AND RES.
A resolution declaring October 2002 as Human Relations Month in the City of Philadelphia.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has been adopted. The Clerk will please read the title of the second resolution.
Madam President, I AND RES. move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has been adopted. The Chair recognizes Councilwoman Miller.
Thank you. The Clerk will please read the title of the resolution.
A resolution declaring September National Alcoholic and Drug Addiction Recovery Month, and recognizing the first annual recovery walks to be held September 29, 2002.
The Chair recognizes Councilwoman Miller. AND RES.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. The resolution has been adopted. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer nine bills and three resolutions.
Thank you. The Clerk will please read the title of the first bill, please.
An ordinance amending Title 17 of the Philadelphia Code entitled "Contracts and Procurement," by adding a new chapter requiring the City Controller to prepare or cause to be prepared economic impact statements for certain development AND RES. projects.
The bill will be referred to the appropriate committee.
And an ordinance amending the Philadelphia Code to revise various requirements and prohibitions relating to Educational Housing Districts.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 9-2400 of the Philadelphia Code by adding requirements applicable to landlord who rent to students in the Educational Housing Districts.
This bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Philadelphia Home Rule Charter as approved by resolution of the City Council to provide for the creation, appointment, powers, and duties of an independent Philadelphia Public School Performance and Accountability Board to provide for certain actions by the Mayor relating to the work of such board and AND RES. to prove for a process by which local control of the School District may be returned to the citizens of Philadelphia.
The bill will be referred to the appropriate committee.
And an ordinance adopting the amendments to the Articles of Incorporation of the City Avenue Special Services District of Philadelphia Lower Merion to extend the terms of that authority, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Redfield Street, east side, Arch Street to Filbert Street.
This bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Ridge Avenue, west side, between Martin Street to Ripka Street, Ridge Avenue, east side, between Martin Street to Hermit Street.
The bill will AND RES. be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Millick Street, west side, Market Street to Arch Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Allegheny Avenue, north side, Henry Avenue to 32nd Street.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution.
A resolution proposing an amendment to the Philadelphia Home Rule Charter to provide for creation, appointment, powers, and duties of an independent Philadelphia Public School Performance and Accountability Board to provide for actions by the Mayor relating to the work of such board and to provide for the process by which local control of the School District may be returned to the citizens of Philadelphia and providing for the submission of the amendment to the electors of Philadelphia. AND RES.
Madam President, I believe that resolution needs to be referred to the appropriate committee.
I know, but I think we have to vote on it first. (Council President confers.)
This resolution will be referred to the appropriate committee. The Clerk will please read the title of the second resolution.
A resolution urging the Mayor and City Solicitor to fully defend the validity of the life partnership legislation authorizing City Council to file an amicus brief in support of the legality of these measures and requesting that the Law Department represent City Council in this matter; and if the Law Department declines to render such services to City Council, authorizing the retention of outside Council to provide such services.
The Chair AND RES. recognizes Councilman Nutter.
Thank you, Madam President. I move the adoption of the resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. The resolution has been adopted.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 4th Ward of the City of Philadelphia.
The Chair recognizes Councilman Nutter. AND RES.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. The resolution has been adopted. The Chair recognizes Councilwoman Brown.