COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, October 3, 2002 10:05 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN WILSON W. GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI 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 please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Most Reverend Michael F. Burbidge, Auxiliary Bishop of Philadelphia and Rector of St. Charles Borromeo Seminary. The Bishop is here today as the guest of Councilman Mariano. Members and guests will please rise. REV. BURBIDGE: Let us pray. Almighty God, we renew today our commitment to serve you, our city, our local communities, and all those entrusted in our care. We recognize our complete dependence on your help, and thus we seek your devine assistance. You ask that you abide with us, that you inspire our thoughts, pervade our imaginations, suggest our decisions, and order all of our doings. In word and deed, may we be public servants who work without ceasing for that justice which brings true and lasting peace. May we defend the sacredness of all human life and secure equality for every human being. May we protect the innocent and those in and help others to live together as sisters and brothers united in mind and heart. As we come before you today, we recognize that you are the source of all good gifts and the one in whom all things can be concurred. We know that we are only your instruments, and so with faith and confidence we trust the past to your mercy, the present to your love and the future to your providence. Amen.
The Chair thanks Bishop Burbidge for his inspiring invocation. Council will please be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of September 26, 2002. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of Thursday, September 26, 2002, stand approved.
It has been moved and properly seconded that the Journal of the Thursday, September 26, 2002, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries. The Journal of Thursday, September 26, 2002, stands approved. The next order of business is request for leave of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo. Are there any requests for leave of absence on the part of the minority?
Madam President, I have no requests for leave of absence. I'll let you know if that changes.
Thank you. with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council Session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time the Chair recognizes Councilwoman Tasco who will make a presentation declaring October 3, 2002, International Family Planning Day. Will Dayle Steinberg, President and CEO of Planned Parenthood of Southeastern Pennsylvania and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Tasco.
Good morning and welcome. It gives me pleasure to present this resolution declaring October 3, 2002, International Family Planning Day. Whereas, international family planning plays a key role in safeguarding women's health and improving women status; and Whereas, demand of international family the largest generation of people in history is entering or will soon enter their prime reproductive years; and
Whereas, Planned Parenthood Southeastern Pennsylvania joins with Si Mujer as a global partner to share information about service delivery, skills development, counseling, advocacy and funding; and Whereas, Si Mujer provides comprehensive reproductive health services and sexual education to an impoverished population in Managra, Nicaragua; and
Whereas, Planned Parenthood Southeastern Pennsylvania is committing to working in collaboration with the local Latino population; and Whereas, global partners strives to expand access and improve the quality of planning service in the United States and globally by building a lasting constituency in the United States for international family planning; now, therefore
Resolved by the City Council of the City of Philadelphia that the Council declare October 3, 2002, International Family Further resolved that an engrossed copy of this resolution be presented to Dr. Ana Maria Pizarro, and Dr. Georgina Paredes of Si Mujer, Nicaragua, and Dayle Steinberg, President and CEO of Planned Parenthood Southeastern Pennsylvania as an expression of the Council's high regard for both organizations efforts to increase awareness, funding, and political activism among Philadelphians on issues related to international family planning. Signed by Anna Verna, President of City Council and introduced by Marian Tasco, Frank DiCicco, Donna Reed Miller, and Angel Ortiz. (Applause.)
On behalf of Southeastern Pennsylvania and our global partner Si Mujer in Managra, Nicaragua, I have Dr. Ana Maria Pizarro here with me today. We thank the Council for its recognition for need for critical reproductive healthcare serves for women and families worldwide. Thank you very much. (Applause.)
Council will be at ease. I'm sorry. One of our guests would like to be recognized. Please do so.
(Though interpreter) I would acknowledge our thanks to this Council and all that the help that we get on behalf of the ladies adolescence and young women that are surely to be benefited from this alliance.
Thank you. Council will be at ease. (Council at ease.)
The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the message 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 today, October 2, 2002, I signed the following bills that were passed by Council at its Session on September 19, 2002: Bill AND RES. No. 020183A, 020225A and 020378. And I am transmitting for consideration of your Honorable Body a draft of a resolution entitled, 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 the Sarah Allen Urban Renewal Area; And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located on the southwest corner of American and Somerset Streets.
Thank you. 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 the introduction of bills and resolutions. The Chair at this time recognizes Councilwoman Blackwell.
Thank you, AND RES. Madam President. I move that the Rules of Council be suspended so to permit immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will signify by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President, I have no bills or resolutions day.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I have four resolutions, one AND RES. co-sponsored by Councilman Mariano, one co-sponsored by Councilman Goode and Councilman Mariano, and one co-sponsored Councilmembers Goode, Ortiz, Reynolds-Brown, Mariano, and myself.
Thank you. The Clerk will please read the title of the first resolution.
A resolution authorizing the City Council Committees on Finance and Transportation to hold hearings to examine SEPTA's Market Street Elevated reconstruction project in West Philadelphia.
Madam President, I move for the adoption. (Duly seconded.)
The ayes have it. The resolution will be referred to the AND RES. Committees on Finance and Transportation.
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 the Sarah Allen Urban Renewal Area.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and 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 AND RES. the next resolution.
A resolution recognizing the week of October 20 to 26, 2002, as Chemistry Week in the City of Philadelphia.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. And the resolution has been adopted. The Clerk will please read the title of the next resolution.
Madam AND RES. President, I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. And the resolution has been adopted. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Madam President, I offer one bill and one resolution.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the AND RES. revision of lines and grades on a portion of City Plan No. 1997 by striking from the City Plan Kingston Street from Richmond Street to Allen Street. The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution.
A resolution honoring St. George Parish on the occasion of their 100th anniversary.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and 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. AND RES. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the bill.
An ordinance authorizing the Commission of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located on the southwest corner of American and Somerset Streets.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I have I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one resolution. AND RES.
The Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 34th and 38th Wards of 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 say aye. (Aye.)
The ayes have it. And the resolution has been adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions this AND RES. morning.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Ortiz.
Thank you, Madam President. I have one resolution on behalf of Councilwoman Tasco and myself and two other privileged resolutions.
Thank you. The Clerk will please read the title of the first resolution.
A resolution authorizing the City Council's Committee of Public Safety and Public Health and Human Serves to hold joint hearings to investigate needs of domestic violence victims in Philadelphia and current response of Philadelphia's agencies is to domestic violence.
Thank you, Madam Chair. Over 18 months ago, the Council on Health AND RES. and Human Service and Public Safety held hearings on how women that had been raped in the City of Philadelphia and rape cases were handled by the Special Victims Unit. Those hearings were very successful, and I was hoping today to just announce that we had finally signed a lease on the new offices and locale of the Special Victims Unit that will now be located at the old Episcopal Hospital on Lehigh Avenue. But recently, the commitments that were made during those hearings about staffing levels of the Special Victims Unit and the coordination that was supposed to be taking place between the different city departments have not happened and have seemed not to have taken place. Because of that, I believe a mother and daughter were brutally killed during the last two weeks in Philadelphia. In order to begin looking at how coordination, working between the systems, is functioning in the City of Philadelphia is the reason why this resolution is so important. Just as the previous resolution brought about change and, I believe, a culture change within the Police Department, I believe that once you begin to AND RES. investigate and bring to light some of these issues that change is brought about and things begin to happen more expeditiously and effectively. So, Madam Chair, I move for the adoption of this 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 will be referred to the appropriate committee. The Clerk will please title of the second resolution.
A resolution recognizing the achievements of the Hispanic Bar Association of the Pennsylvania Legal Education Fund as it celebrates its 15th annual scholarship banquet on November 6, 2002.
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. And the resolution has been adopted. The Clerk will please read the next resolution.
A resolution recognizing the exemplary mission and work of the Greater Philadelphia Chapter of the United Nation Association and its corporate organizations as we celebrate United Nations Week 2002 during the week of October 18 to 27.
I move for the AND RES. adoption of the resolution, Madam President. (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 is adopted. Councilman Rizzo, your light is on. Did you want to be recognized?
The Chair at this time recognizes Councilman DiCicco.
The Clerk will please read the title of the first bill.
An ordinance authorizing the Federal Reserve Bank to construction, own, and maintain concrete planters, ballers, and removable ballers on the west footway of Independence Mall AND RES. West, north footway of Arch Street and east footway of Seven Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Borders Bookstore, a tenant of the property One South Broad Street to construct, own and maintain six rigid awnings projecting from the building One South Broad Street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
The Clerk will please read the title of the first bill.
An ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization" by adding a new Section 19-1801 providing for a cap on tax increases, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance amending AND RES. Section 19-1305 of the Philadelphia Code entitled "Authorization" for installment payment agreements wavering additions to tax and abating interests and penalties otherwise due pursuant to Section 19-1303.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you. The Clerk will please read the title of the resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia and the urban renewal area portions of Model Cities Urban Renewal area.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be AND RES. adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the resolution is adopted. I believe Councilman Longstreth will not be in today. Councilman O'Neill, do we have any knowledge of whether Councilman Longstreth will be coming in?
Thank you, Madam President. I'm here to inform you that Councilman Longstreth will need a leave of absence today.
Thank you. Leave will be granted. The Chair recognizes Councilman Rizzo.
Thank you. The Clerk will please read the title of the resolution.
A resolution honoring and for his distinguished tenure as President and CEO of the Greater Philadelphia Chamber of Commerce. (Vote on .)
Thank you. Our next item of business is reports from committees. And the Chair recognizes Councilwoman Blackwell for a report from the Finance Committee.
Thank you, Madam President. The Committee on Finance reports out six bills with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia. The Committee on Finance to which was referred Bill No. 020490, entitled an ordinance amending Section 19-1301 of the Philadelphia Code entitled "Real Estate Taxes," by providing that real estate taxes imposed under that section shall be based upon the assessed value of real estate as returned by the Board of Revision of Taxes in 2001; And Bill No. 020491 entitled, an 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by providing that real estate taxes imposed by the Board of Education of the School District of Philadelphia for tax year 2003 and thereafter shall be based upon the assessed value of real estate as certified by the Board of Revision of Taxes in 2001; And Bill No. 020493, entitled an ordinance amending Section 19-2900 of Title 19 of the Philadelphia Code entitled "Senior Citizens Low Income Special Tax Provisions," by expanding the coverage of this chapter to include senior citizens who are eligible to participate in the PACE NET Program; And Bill No. 020537, entitled an ordinance amending section 19-1301 entitled "Real Estate Taxes," by providing that the taxes levied on a property under that section shall not increase in any one year by more than a specific percentage as a result of the increase in the assessed value of that property; And Bill No. 020538, entitled an ordinance amending Chapter 19-1800 of the "School Tax Authorization," by providing that real estate taxes imposed by the Board of Education of the School District of Philadelphia on a property shall not increase in any one year by more than a specific percentage as a result of the increase in the assessed value of the property; And Bill No. 020577, entitled an ordinance amending Chapter 19-1300 of the Philadelphia Code entitled "Real Estate Taxes," adding a new Section 19-1306 providing for a cap on tax increases, under certain terms and conditions; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. Bill Nos. 020490, 020491, 020493, 020537, 020538, and 020577 will be placed on the First Reading Calendar for our next Session of Council. At this time, the Chair recognizes Councilman Kenney for a report from the Committee on Public Property.
Thank you, Madam President. The Committee on Public Property and one bill with a favorable recommendation.
Thank you. The Clerk will please read the report.
To the President and Members of the Council of the City of Philadelphia, the Committee on Public Property to which was referred Bill No. 020379, entitled an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire some or all of certain real estate parcels in Eastwick Section of the City of Philadelphia, all under terms and conditions, respectfully reports it has considered the same returns at attached bill to Council with a favorable recommendation.
Thank you, Madam President. I move that Rules of Council be suspended so as to permit first reading this day of Bill No. 020379.
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 Bill No. 020379 will be placed on the First Reading Calendar for today's Council Session. The next order of business is the consideration of the calendar. The Clerk will please read the First Reading Calendar. I believe we only have one bill and that is Bill 020397.
Bill No. 020379, an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire some or all of certain real estate parcels in the Eastwick Section of the City of Philadelphia, all under certain terms and conditions.
The Chair agrees. The bill just read by the Clerk will be 10/03/02 - STATED - 2ND READING, FINAL PASSAGE placed on the Second Reading and Final Passage Calendar for our next session. That concludes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today Bill Nos. 020411, 020482, and 020484 are being called up for second reading and final passage. Bill No. 020438 will be amended today. And all other bills are being held.
Thank you. The Clerk will please read the title of Bill No. 020438.
An ordinance enacting a new Chapter 19-3400 of the Philadelphia Code authorizing the Board of Revision of Taxes to grant tax deferrals to longtime owner-occupants of certain properties in the City of Philadelphia.
Thank you, Madam President. Madam President, I'd like to offer an 10/03/02 - STATED - 2ND READING, FINAL PASSAGE amendment to Bill No. 020438 that was distributed earlier. This particular amendment will essential change the percentage on the maximum allowable deferral from 5 percent to 10 percent to more accurately reflect the information that we received in the hearing with respect to the tax bills on the chart, that the majority of the households that were affected by the recent increase were in the 10 percent category. Additionally, with respect to the median income, we will raise it from 50 percent 80 percent to more accurately reflect the testimony particularly with respect to the Councilman Kenney who worked on the original state legislation and its intent to more reflect the moderate to middle income individuals in the City of Philadelphia.
I move for the adoption of the amendments. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will signify by saying aye. 10/03/02 - STATED - 2ND READING, FINAL PASSAGE (Aye.)
The ayes have it. And the bill has been amended. The Clerk will please read the title of Bill No. 020411.
An ordinance amending Title 4 of the Philadelphia Code, the Philadelphia Building Construction and Occupancy Code, Chapter 3 to amend Section A-303.2 to require notice of demolitions to residents of neighboring properties, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Councilman DiCicco. 10/03/02 - STATED - 2ND READING, FINAL PASSAGE
Council President Verna. 10/03/02 - STATED - 2ND READING, FINAL PASSAGE
Aye. The ayes are 16, the nays are 0. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020482.
An ordinance amending the Philadelphia Code to revise various requirements and prohibitions relating to Educational Housing Districts, by amending Chapter 10-1800, including revising the definition of the term "responsible party," adding certain requirements regarding cooperation with enforcement officials and making technical changes, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Councilman Cohen. 10/03/02 - STATED - 2ND READING, FINAL PASSAGE
Councilwoman Tasco. 10/03/02 - STATED - 2ND READING, FINAL PASSAGE
Aye. The ayes are 15, the nays are 1. A majority of all members having voted in the affirmative, the bill passes. The last bill to be called for consideration is Bill No. 020484.
An ordinance amending Chapter 9-2400 of the Philadelphia Code by adding requirements applicable to the landlords who rent to students in the Educational Housing Districts and by making technical changes, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 15, the nays are 1. A majority of all members having voted in the affirmative, this bill passes. That concludes the Calendar for today. Are their speech his on the part of the minority? (Pause.)
Councilman Rizzo, you introduced a resolution, and I believe we neglected to have a vote on it. Would you make a motion for the adoption, please.
That is Charley Pizzi's resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. And the resolution has been adopted. Are there any speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilman Cohen.
Thank you. I just wanted to note something that appears in the Inquirer in the last page of the first section this morning about what seems to be a very notable accomplishment by the Chicago City Council yesterday. It dealt with an issue that I did not know before, before the City Council in Chicago. It dealt with the general questions of reparations which we're hearing more of in many different forms. And apparently, the City of Chicago voted yesterday unanimously that before any company can do any business with the City of Chicago that it must disclose any dealings it had with reference to the slave trade in any fashion. It's by far the most far-reaching action taken by any legislative body that I know of in this the ferment about the general issue of reparations is reaching a new height in Philadelphia. I think all of us ought to study it because it may very well be a model that we're going to want to follow. Thank you very much, Madam president.
You're welcome, Councilman. Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Madam President, I move that Council stand adjourned until Thursday, October 10th at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that the Council stand adjourned until Thursday, October 10, 2002. All in favor say aye. (Aye.)
Those opposed? The ayes have it and Council will stand adjourned 10th. Thank you. (Council adjourned at 10:47 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of October 3, 2002, 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