COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, October 22, 1998 10:56 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 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 10/22/98 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 Larry L. Marcus, who is the pastor of the Greater Faith Baptist Church. Pastor Marcus is here today as the guest of Jannie Blackwell. Members and guests will please rise. (Members and guests rise.)
Shall we pray. Our Father and our God, we give thanks to you for this day, for you have provided another opportunity for us to better serve you and our fellow man. As these Councilmen, Councilwomen, and other leaders embark upon the challenges confronting this city, I ask you to grant unto each one wisdom, clarity of thought, insight, and foresight that would enable them to make wise 10/22/98 STATED MEETING - 10/15/98 JOURNAL APPROVAL decisions to better serve your people, without respect to one's race, creed, or economic condition. Father, we pray that you look upon every leader's family and bless them with your grace, your mercy, your peace, and your love. It is in the name of Jesus Christ that we ask these favors, amen. ALL: Amen.
The Chair thanks Reverend Marcus for his inspiring invocation. (Council stands at ease.)
The next order of business is the approval of the journal of the meeting of Thursday, October 15, 1998. The Chair recognizes Councilwoman Clark.
Mr. President, I move the acceptance of the journal of that date. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. 10/22/98 STATED MEETING - LEAVES OF ABSENCE The ayes have it. The journal of Thursday, October 15, 1998, stands approved.
The next order of business is leaves of absence. The Chair recognizes Councilwoman Verna.
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. The Chair recognizes Councilman Longstreth for requests for leaves of absence on the behalf of the minority.
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. 10/22/98 STATED MEETING - VISITORS, PRESENTATIONS At this time, the Chair recognizes Councilwoman Blackwell for the purpose of recognizing a visiting group.
Thank you, Mr. President. We are very pleased to introduce 21 students from the Evelyn Grace Christian Academy who are accompanied by their teachers, Mr. Phil Samson and Miss Danita Ames. We're so glad to have them.
Can we have this group please stand. (Group stands for recognition.) (Applause.)
Thank you for being with us. To all of our visitors and guests with us this morning, we welcome you here today and applaud your interest in the civic affairs of our city, and we certainly invite you to come again. Does any other Councilmember have a special guest to introduce at this time? (No response.)
Today, I believe we 10/22/98 STATED MEETING - VISITORS, PRESENTATIONS have one presentation. The Chair recognizes Councilwoman Tasco.
Thank you, Mr. President. As you know, this month of October has been officially designated by the City Council as Domestic Violence Awareness Month. Women Against Abuse is the most comprehensive domestic violence program in Philadelphia. It has given hope and support to approximately 180,000 women and children over its 23-year history. Women Against Abuse has sponsored a free legal clinic since 1997 and a transitional housing program since 1987. This year, Women Against Abuse undertook a collaborative effort with Allegheny University Hospital. They worked together to develop and present a tribute to the victims of domestic abuse. Using the concept of a quilt to recognize the loss of families of those who did not survive domestic violence, domestic violence shelter residents and those in the transitional housing assembled a quilt with the names of the 10/22/98 STATED MEETING - VISITORS, PRESENTATIONS deceased. I was present at this official unveiling in October -- in early October, and I wanted to share this quilt with you. So please allow me to introduce Mrs. Maxine Knox-Williams, executive director of Women Against Abuse, who will share with us the thoughts behind the quilt.
Good morning. Women Against Abuse is very pleased to present this quilt to City Council. This quilt represents all of the women and children who have fled their homes because of domestic violence. Each year, 45,000 cases of domestic violence are reported in this city alone, and there are thousands more across this nation that go unreported. Every 13 seconds, a woman in the United States is beaten by her current husband or partner. The single greatest cost to injury to women is domestic violence, exceeding the combined incidence of rapes, muggings and auto accidents. Therefore, it is up to all of us, men, women, everybody in the community, and the society 10/22/98 STATED MEETING - VISITORS, PRESENTATIONS to get together to break the silence and spread the word that there will be zero, zero tolerance to domestic violence. Again, I thank Councilwoman Tasco for inviting us and to the entire Philadelphia City Council to allow us to share our story at this forum. I will now ask our board member Stephanie Montgomery to also say a few words.
Good morning. I'll be very brief. I just want to thank City Council very much for its continued support of Women Against Abuse and domestic-violence issues. And, especially, we'd like to thank Councilwoman Tasco's office. Thank you.
We would like to ask President Street, would you come down to take a picture with us?
Can we have Councilmembers come, please. 10/22/98 STATED MEETING - COMMUNICATIONS (Pictures taken.)
Our next order of business is 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.
To the President and Members of the Council of the City of Philadelphia, I am transmitting herewith, for the consideration of your honorable body, the following: An ordinance authorizing the Philadelphia Authority for Industrial Development ("PAID") to file an application with the Office of the Budget of the Commonwealth of Pennsylvania, under the Capital Redevelopment Assistance Program, in an aggregate amount not to exceed $76,400,000, to assist in the development of the Associacion de Musicos Latinos Performing Arts Center, the Congreso de Latinos Unidos, Inc. Community Center, the Freedom Theater, the Gateway Visitors Center on the Mall in Independence 10/22/98 STATED MEETING - COMMUNICATIONS National Historic Park, the Lonnie Young Recreation Center, the Point Breeze Performing Arts Center, the Regional Performing Arts Center, the Please Touch Museum, the Rock School Ballet, and the Zoological Society of Philadelphia Primate Project. And an ordinance amending Title 4 of The Philadelphia Code entitled, "The Philadelphia Building Construction and Occupancy Code" by amending Chapter 9 of The Philadelphia Administrative Code, entitled "Fees," by authorizing the Department of Licenses and Inspections to provide for a specified fee, the accelerated review of plans associated with the issuance of building zoning and electrical permits, under certain terms and conditions. And a resolution agreeing to participate in the Convention Center Garage Tax Increment Financing District, if it should be created by the Council of the City of Philadelphia, in accordance with the Tax Increment Finance Act of July 11, 1990. And a resolution agreeing to participate in the St. James Court Tax Increment 10/22/98 STATED MEETING - COMMUNICATIONS Financing District, if it should be created by the Council of the City of Philadelphia, in accordance with the Financing Act of July 11, 1990. And a resolution agreeing to participate in the Jump Street Tax Increment Financing District, if it should be created by the Council of the City of Philadelphia, in accordance with the Tax Increment Financing Act of July 11, 1990. And a resolution agreeing to participate in the Brewery Park Tax Increment Financing District, if it should be created by the Council of City of Philadelphia, in accordance with the Tax Increment Financing Act of July 11, 1990. And that's the last one.
These messages will be printed in the journal. The chief clerk will read any other communications in her possession.
I have none, Mr. President. 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
The next order of business, then, is the introduction of bills and resolutions. The Chair recognizes Councilwoman Verna for a motion.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit consideration of all resolutions immediately upon introduction. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The motion carries. All resolutions will be considered at the time of their introduction. The Chair recognizes Councilwoman Clark.
Mr. President, today on your behalf, I introduce two resolutions and ask for their immediate consideration.
The clerk will please read the titles of the resolutions. 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
A resolution agreeing to participate in the Brewery Park Tax Increment Financing District, if it should be created by the Council of the City of Philadelphia, in accordance with the Tax Increment Financing Act of July 11, 1990, P.L. 465, No. 113, as amended, in the North Philadelphia Redevelopment Area, in an area generally bounded by 32nd Street on the west, Master Street on the north, 30th Street on the east, and Thompson Street on the south. And a resolution agreeing to participate in the Jump Street Tax Increment Financing District, if it should be created by the Council of the City of Philadelphia, in accordance with the Tax Increment Financing Act of July 11, 1990, P.L. 465, No. 113, as amended, in the North Philadelphia Redevelopment Area in an area generally bounded by 15th Street on the west, Cecil B. Moore Avenue on the north, Broad Street on the east, and Oxford Street on the south.
These resolutions will be placed on our second- and final-reading passage calendar at a future meeting. 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS These are tax increment financing resolutions. As most of you know from our previous experience, there is a long and arduous and sometimes complicated set of public hearings that have to be held on Tax Increment Financing Districts, including the adoption of this resolution. What we do is introduce it after our public hearing is held. But prior to the final vote, we act on a resolution, but we do not act on them at the time of their introduction. So what would I like to do is just hold them and vote on them at the appropriate time, after the ordinances which are required receive -am I right? Am I not right? (President Street consults with a staff person.)
I'm sorry, I am in error. They have to be approved prior to the public hearing, but we don't approve them prior to briefings and prior to the time when the whole Tax Increment Financing package for the district is -when that Tax Increment Financing District is 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS before the members of City Council. But they always want to get 'em introduced so that there can be -- they can all be in front of us and be properly sequenced. Just as -- by way of a brief explanation. So these resolutions will be held until the appropriate time. The Chair recognizes Councilwoman Blackwell.
Mr. President, I have one resolution that is cosponsored by Councilwoman Clark. And all Members of Council, excuse me.
The clerk will please read the title of the resolution.
A resolution calling for the City Council Committee on Education to hold joint hearings with the state officials and the Philadelphia City Council on charter schools, their role and relationships to the School District of Philadelphia, and their future impact on education in the Commonwealth of Pennsylvania.
All those in favor, 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted.
The Chair thanks the Councilman. The Chair recognizes Councilwoman Krajewski.
An ordinance authorizing the construction of a water main and appurtenant work required to provide public water service in a portion of Berkshire Street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Verna. 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
Thank you, Mr. President. I offer one bill on your behalf, and I also offer one resolution.
An ordinance authorizing the Philadelphia Authority for Industrial Development ("PAID") to file an application with the Office of the Budget of the Commonwealth of Pennsylvania, under the Capital Redevelopment Assistance Program, in an aggregate amount not to exceed $76,400,000 to assist the development of the Associacion de Musicos Latinos Performing Arts Center, the Congreso de Latinos Unidos, Inc. Community Center, the Freedom Theater, the Gateway Visitors Center on the Mall in Independence National Historical Park, the Lonnie Young Recreation Center, the Point Breeze Performing Arts Center, the Regional Performing Arts Center, the Please Touch Museum, the Rock School Ballet, and Zoological Society of Philadelphia Primates Project.
This bill will be referred to the appropriate committee. 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS The clerk will please read the title of the resolution.
A resolution finding that a negotiated private sale of general obligation bonds is in the best financial interests of the city.
This resolution will be referred to the appropriate committee. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. I offer one bill by request.
An ordinance amending Title 4 of The Philadelphia Code, entitled, "The Philadelphia Building Construction and Occupancy Code" by amending Chapter 9 of The Philadelphia Administrative Code, entitled "Fees," by authorizing the Department of Licenses and Inspections to provide for a specified fee, the accelerated review of plans associated with the issuance of building, zoning, and electrical permits, all under certain terms and conditions.
This bill will be 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
The clerk will please read the title of the resolution.
A resolution honoring and commending the accomplishments of Hyung Ki "Adam" Kim and saluting his continued commitment to the city of Philadelphia.
I move for the adoption of the resolution. (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 Nutter.
Thank you, Mr. President. I offer one bill and one resolution. 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
An ordinance amending Section 14-1807 of The Philadelphia Code, entitled "Appeals to the Court," to provide for the re-posting of the notice of the zoning hearing when the Court of Common Pleas remands to the Zoning Board of Adjustment for a full and complete record.
This bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution authorizing the Council Committee of the Whole to conduct hearings to examine governance issuances and personnel management practices of the police department, including, but not limited to, a review of the recommendations contained in reports prepared by the Integrity and Accountability Office within the Philadelphia Police Department and the Committee of 70; and authorizing the committee, in furtherance of such examination, to issue such subpoenas as may be necessary to compel 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS the attendance of witnesses and the production of documents to the full extent authorized under Section 2-401 of the Home Rule Charter.
Mr. President, I move for the adoption of the resolution. (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 Councilwoman Tasco.
Mr. President, I offer one resolution, and I'd like to speak on the motion.
The clerk will please read the title of the resolution.
A resolution petitioning Governor Tom Ridge, the Pennsylvania Supreme Court, and the First Judicial District to allocate funds for a Pennsylvania court study 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS commission to analyze the presence and impact of racial bias in the courts of Pennsylvania.
Mr. President, I move for the adoption of the resolution. (Duly seconded.)
It's ben properly moved and seconded. The Chair recognizes Councilwoman Tasco.
Mr. President and colleagues, I ask you to support this resolution in order to respond to a concern that many citizens and city officials raised at a recent hearing before the Philadelphia Human Relations Commission. Last week, former mayoral candidate Charles Bowser, Public Defender Ellen Greenlee, and many other residents in Philadelphia documented incident after incident of perceived bias in our court system and criminal justice process against minorities. There was a consensus that some dramatic action must be taken to correct 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS that bias. This resolution asks that any one of the entities which has the power within the state -- be it the governor, the Supreme Court, the First Judicial District of Pennsylvania -- take responsibility to conduct a study of our court procedures and policies, and that the interactions continue to occur. And we want this to be done with the purpose of rectifying both the overt and the hidden signs of racial bias in our courts. We need this information so that we can promote needed remedies, and we ask our colleagues to vote for this resolution, and I thank them for their support.
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 Ortiz. 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS
The Chair thanks the Councilman. The Chair recognizes Councilman DiCicco.
Thank you, Mr. President. I offer two bills and two resolutions.
An ordinance amending Chapter 12-2700 of The Philadelphia Code relating to permit-parking districts, by adding a new subsection designating a new permit-parking district.
This bill will be referred to the appropriate committee.
And an ordinance granting permission to Patricia Phelan, owner and operator of the news stand located on the traffic island at 13th Street, Passyunk Avenue, and Mifflin Street, to construct and use and maintain overhead electrical and telecommunication lines from an existing utility pole on the island over 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS and across the public right-of-way, for the purpose supplying electrical and phone service to her news stand, under certain terms and conditions.
This bill will be referred to the appropriate committee. The clerk will please read the titles of the resolutions introduced by Councilman DiCicco.
A resolution agreeing to participate in the Convention Center Garage Tax Increment Financing District, if it should be created by the Council of the City of Philadelphia, in accordance with the Tax Increment Financing Act of July 11, 1990, P.L. 465, No. 113, as amended, in the Center City Redevelopment Area, in an area generally bounded by 13th Street on the west, Arch Street on the north, Filbert Street on the south, and 12th Street on the east. And a resolution agreeing to participate in the St. James Court Tax Increment Financing District, if it should be created by the Council of the City of Philadelphia, in accordance with the Tax Increment Financing Act of July 11, 10/22/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS 1990, P.L. 465, No. 113, as amended, in the Center City Redevelopment Area, in an area generally bounded by Eighth Street on the west, Walnut Street on the north, St. James Court on the south, and Washington Square West on the east.
These resolutions will also be held till the appropriate time. The Chair recognizes Councilman O'Neill.
The Chair thanks the Councilman. The Chair recognizes Councilman Mariano.
The Chair thanks Councilman Mariano. The Chair recognizes Councilman Longstreth.
The Chair thanks the 10/22/98 STATED MEETING - COMMITTEE REPORTS Councilman. The Chair recognizes Councilman Rizzo.
The next order of business is reports from committees. The Chair recognizes Councilman Kenney for the report of the Council Committee on Rules.
Thank you, Mr. President. The Council Committee on Rules reports out one bill with a favorable recommendation and additionally seeks a rules suspension to allow for first reading today.
To the President and Members of the Council of the City of Philadelphia, the Council Committee on Rules, to which was referred Bill No. 980712, entitled an ordinance amending Title 10 of The Philadelphia 10/22/98 STATED MEETING - COMMITTEE REPORTS Code, entitled "Regulation of Individual Conduct and Activity," by amending Chapter 10-300, entitled "Minors," by amending Section 10-303, entitled, "Unlawful Conduct of Minors" and Section 10-304, entitled "Unlawful Conduct of Parents," by amending the hours of curfew on certain days, all under certain terms and conditions, respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Mr. President, I move that the rules of Council be suspended so as to permit first reading of Bill No. 980712. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. Then Bill No. 980712 will be added to our first-reading calendar today. The Chair recognizes Councilman Cohen for a report of the Council Committee on Law and 10/22/98 STATED MEETING - COMMITTEE REPORTS Government.
Mr. President, I offer the report of the Committee on Law and Government on Resolution No. 980660.
From the Committee on Law and Government on Resolution No. 980660: The committee, after hearing testimony on Resolution No. 980660, reports that it requests the full Council to recommend to the citizens of Philadelphia a vote of no on Ballot Question and at the election on November 3, 1999 (sic).
Mr. President, I move that the report of the Committee on Law and Government on Resolution 980660 and the committee's recommendation contained in the report be approved by the Council.
It's been properly moved and seconded. 10/22/98 STATED MEETING - COMMITTEE REPORTS
Council Cohen, there might be just a little bit of discussion.
There are some flashing lights. So before we call the roll, I would like to have an opportunity for these Councilmembers to speak.
Mr. President, if I could address the Chair of the Law and Government Committee, I just wanted to know if it wouldn't be wise to break up the provisions to the ballot question for separate votes. I would ask him if he would object to that.
Councilman Cohen, a request has been made by a member of the Rules Committee that three separate votes be taken. I don't know whether or not that's possible, given the way the report is structured.
Well, it was the 10/22/98 STATED MEETING - COMMITTEE REPORTS recommendation by the committee, and I'm asking that the committee's recommendation be approved. I have no authority to ask that it be split up.
Mr. President, the questions are quite different. Two have to do with the criminal justice system, and I believe the voting machines -- is that on here also?
Thank you very much, Councilman O'Neill. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. I apologize. At the time that the hearing was held, I was not in town. And I did read the report, but there's no mention of the 10/22/98 STATED MEETING - COMMITTEE REPORTS issue relative to Ballot Question No. 2, which, I believe, is the bail issue. If the Councilman would be so kind as to explain the position of the committee as it relates to the bail, 'cause I really would like to understand it.
In the work by the staff members preparing for the hearing, they received -
Is this on? I'll take it off and speak directly into it. Is that better?
Councilman Cohen, a point of order has been raised. The Chair recognizes Councilman Nutter 10/22/98 STATED MEETING - COMMITTEE REPORTS for his point of order.
Thank you, Mr. President. Councilman Cohen, just for the purposes of the discussion and to make sure that everybody is clear, Councilman Kenney asked about a particular question, but the number that he used might be different than where that question is actually going to be on the machine. Could you very briefly explain which number goes with which question, because the discussion would be confusing.
Question No. 1 on the ballot in the -- I'm not sure where it appears on the Jamestown machine. But on the Shoop (ph.) machine, which, I think, covers about two thirds of the city, it appears all the way on the right. There will be three questions. And incidently, for everybody's information, the questions appear first in English; and right under it is a Spanish translation. That's true in each of the questions. And it calls for a yes or no vote. Question No. 1 relates to the granting 10/22/98 STATED MEETING - COMMITTEE REPORTS or denial of bail. And Question No. 1 enlarges the authority of the courts and the prosecution to request the denial of bail wherever the charges amount to either a first-degree charge of murder or any offense which threatens the security of the community. It's a very broad grant of authority to the district attorney and for the court to request the denial of bail in cases which, under current law, permit the grant of bail at the judge's discretion. That's Question 1.
Does not the district attorney already have the authority to request the denial of bail now?
It does, but this would strengthen the request of the district attorney.
The district attorney can make any request they want, you know, during the course of a hearing, but this would 10/22/98 STATED MEETING - COMMITTEE REPORTS give the district attorney a basis in particular cases to request a denial of bail. Those who are practicing in the criminal courts and the judges know that it is the prosecutor who makes the charges. There's no limitation on the power of the district attorney to charge the commission of a whole series of crimes. And there are many cases dealing -(Inaudible interruption.)
Yes, it would amend the Pennsylvania constitution. And these questions, both 1 and 2, are amendments to the Pennsylvania constitution, and it would broaden enormously the power to deny bail. At the hearing, there were two basic approaches of those who oppose these amendments. The first was offered by Judge Bonavitacola and Judge Spaeth and supported by Diane Granlund of the mayor's Office on Prison Management. Those two judges spoke as to the financial costs. Judge Bonavitacola spoke of the enormous -- he didn't know how the court could possibly deal with the situation without further 10/22/98 STATED MEETING - COMMITTEE REPORTS increasing the already-horrendous backlog that exists. He said, in addition, it would break the budget and that there would have to be additional funds for additional courtrooms for additional district attorneys for additional public defenders for additional staff. Diane Granlund was representing the mayor's office, and we requested to know whether she was representing the city administration or speaking privately. She said she was asked by the administration to speak. I asked whether the views that she expressed had been approved by the administration; she said yes. And her point dealt with finances and prison overcrowding. On prison overcrowding, she stated the city currently was more than 500 over the new limit of 5600. There were over 6100 prisoners in jail on the day the hearing was held, Tuesday. She said there was no way they could possibly accommodate it, and the costs would be enormous if they tried to shift them to other counties.
I don't want to belabor the question because the issue of the bail was not in the report. 10/22/98 STATED MEETING - COMMITTEE REPORTS
I just want to know -- what I want to know is how the prosecutors would be further strengthened beyond their ability to request the denial of bail now if this -
Well, they would have a greater basis for saying that among the charges we have made is a charge that would possibly, if the person were convicted of it, could lead to a life sentence.
And it would strengthen the legal position of the district attorney.
The Chair recognizes 10/22/98 STATED MEETING - COMMITTEE REPORTS Councilman O'Neill.
Mr. President, my understanding -- and I'll be voting against the report. But on the question that was just being discussed, it was my understanding that yes, it is tougher to get bail in certain instances under this proposed change. But it is modeled on the federal system, and oftentimes cases are diverted to the federal system, or tried to get federal jurisdiction in an attempt to get federal jurisdiction, so they'll have that particular provision available. And so it's taking a federal rule that a lot of people are in favor of -- obviously not everyone -- and having the state bail rules modeled on the same provision.
One question. I think Councilman O'Neill is correct, and that's exactly the point that the city administration tried to make. 10/22/98 STATED MEETING - COMMITTEE REPORTS It would broaden the scope in terms of the bail question, but it also would increase the amount of time that people will spend in jail because they cannot make bail, thereby increasing the population of the prisons way over the cap. Right now, we're over 500, and if we institute this type of situation for Philadelphia County, we will not only have to build new prisons, but we would have to hire new guards, all of the supportive services that are contingent with that. And the key situation is, are we going to be able to raise taxes, raise money, and how are we going to pay for this in this situation. And can we keep people in jail without trial for prolonged periods of time?
Mr. President, I can't disagree with anything Councilman Ortiz said. I may disagree with him on the vote, but I would ask that we separate the two questions, because these provisions are meant to deal with those most violent people arrested. And what 10/22/98 STATED MEETING - COMMITTEE REPORTS happens after that shouldn't be decided based on budgetary concerns. So if there's a concern that this will increase the prison population, at least we know we're increasing it with not trivial defendants but with very serious and violent defendants. And the second is another discussion in terms of budgetary and how you reduce that cap or build more prisons. And I would just ask that we think about separating the two.
If I may, Mr. President. It were just that it was going to be for the violent criminal, I think the district attorney right now has ample power within the office and the court system to be able to take violent criminals and really deny them bail. The aspect of this amendment is that it's so broad and vague that it opens all sorts of possibilities, so that even an individual that has just been a burglar and has had no criminal activity that has been threatening, deadly harm of anyone can be chosen by that district attorney to 10/22/98 STATED MEETING - COMMITTEE REPORTS say, We want this person to be denied bail. It is too vague and too broad, and it's too much of a question to be put into the constitution. It is not a legislation; it is a constitutional amendment that we're approving.
If I can just respond briefly. Our bail system is weak. It bases the decision to grant bail on the threat of flight of the defendant. And oftentimes, there's no threat of flight. In fact, the threat is that the person's going to stay in the community. And I think it needs help. This would help the average citizen, the average law-abiding citizen, and it would certainly help the victims and the potential victims. And I ask that we vote against it and in favor of -- against the report in favor of the ballot question. Thank you.
The Chair recognizes 10/22/98 STATED MEETING - COMMITTEE REPORTS Councilwoman Blackwell.
Thank you, Mr. President. Certainly, many of us have had public meetings and ward meetings where we've had full discussions on this issue. At the hearings yesterday, we heard from many organizations -NOW, we heard from Women Against Rape and many other organizations on this issue, who are all opposed, certainly, to this legislation. This legislation would not make it difficult, but it would absolutely change the Pennsylvania constitution to deny bail to people who have been accused of certain crimes. Now, for example, in a domestic or an abused woman who's certainly been involved in a case where a spouse was murdered, it says not only are they denied bail, but the end of the sentence on the ballot states that people who are perceived to be a threat to the community can never come out of jail. Is that person then who murdered because she was a victim of violence, is she a threat to the whole community at large? It says it's for people who are perceived to be a threat to the 10/22/98 STATED MEETING - COMMITTEE REPORTS community. Amending the Pennsylvania constitution would say that a decision can be made that no bail can be given and that people can never get out of jail. Why have a system -- I frankly don't even know how it was constitutional to be on the ballot in the first place. I have no idea how you can say what people will do in the future and that you can say that people aren't allowed to get bail and that they're a danger to the community so that they can never get out of jail. Who has that right? That's why we have courts and why we have judges and juries in the first place. It's an absolutely horrendous bill. And, certainly, I ask that the Council support the amendments by the Law and Government Committee -to support the resolution by the Law and Government Committee.
Mr. President, the original resolution that was adopted by the Council, I believe, by a unanimous or a near10/22/98 STATED MEETING - COMMITTEE REPORTS unanimous vote dealt solely with the jury question. During the preparation by the staff for the hearing, they reported to me that many people felt that the two amendments were very closely intertwined; they both dealt with the same kind of matters in criminal prosecution. Therefore, at the outset of the hearings, I made a statement publicly -- it's on the record -- that because of the reports from staff members of the committee, the Chair would entertain discussion both on the jury question and on the bail question, and that any witness who wished to could testify as to one or both or do whatever they wanted to do to express their view. We made every effort to reach every organization of any kind in the city 'cause we were seeking to get the broadest possible point of view. Following the discussions, and they were about four hours, the bail question was discussed not as frequently as the jury question. Some witnesses were only prepared to speak on the jury question, but everybody had that right. It was the feeling of the committee that the two 10/22/98 STATED MEETING - COMMITTEE REPORTS questions were intertwined, and that's why there's a recommendation on both. Now, if I may deal with one question that Councilman O'Neill raised; that was the question of the federal system. The federal system is different from the state system. There was an attorney who had many years as a federal prosecutor, who testified as following, and I just hope everybody is paying attention. He said that the federal system is different. You have a five-year statute of limitations in every case. If a postal worker picks up a stack stamps and seals it and he gets indicted for a federal crime, it's a five-year statue of limitations. Tax cases is a six-year statute of limitations. Why? Because the federal system is charged with investigating and then prosecuting as a matter of deterrence. State crimes are much different. If a cop on the street sees a crime, he's got to take the criminal off, he's got to stop that crime. You arrest first on the state system, and you investigate, if at all, if you have to, you 10/22/98 STATED MEETING - COMMITTEE REPORTS investigate later. And the reason for that is the volume. The state police have got to do their job, they've got to stop the crime. The federal is very different. They have to investigate first. That is reflected in the federal rules and procedures. A federal judge may not participate in any plea negotiation; it's absolutely forbidden. The case can going on in federal for four or five years, and you don't get the judge involved until the very end. But the state judges are under a duty to try to resolve these case. And the prosecutor -- the former prosecutor recommended a vote of no on both amendments one and two. So we're not really adopting the federal system by these amendments; it's that the federal system deals with different kinds of cases than the state system, and that's why the systems are different.
Thank you very much, Councilman. In view of the discussion that has been raised. . .
I am asking for a 10/22/98 STATED MEETING - COMMITTEE REPORTS vote on the committee's recommendation. It was the committee's conclusion, following the hearing of the evidence, that Questions and are intertwined and interrelated, and it was the committee's recommendation that the vote be recommended to the people of Philadelphia via a no vote on Questions 1 and 2.
Councilman Cohen, the Chair rules that the report is inconsistent with the authority granted to the committee under the resolution, and that there can be no vote by the committee on any ballot question other than the ballot question which was the subject of the resolution authorized by the committee. Now, that's the Chair's ruling. If the Councilman wishes to, he can appeal the decision of the chair. And if the majority of the members vote to overrule the decision of the Chair, so be it.
The Chair recognizes Councilman Nutter. 10/22/98 STATED MEETING - COMMITTEE REPORTS
Mr. President, can we have a three-minute -- the mikes are much better on this side of the room. Can we have a three-minute recess, please?
No, the Chair -- we will stand at ease for two minutes.
A two-minute recess. And then we'll act on the Chair's rulings. (Short recess taken.) (Council proceedings resume.)
Council will come to order. The Chair recognizes Councilman Cohen.
Mr. President, after a caucus of the members of the committee who voted to report the bill out on Questions 1 and 2, there is full agreement to eliminate the question on the bail as an issue today. 10/22/98 STATED MEETING - COMMITTEE REPORTS So the report is being amended to take out Question 1. And the sole question will be -on the report of the committee, I am moving to amend the report of the committee to reflect the recommendation to be a vote no on Question 2. Is that clear? On the jury question.
So I don't want anybody to be surprised when I bring in a resolution next Thursday to deal with the other question. Mr. Chairman, I then move -- I'd like to call for a vote and ask for a roll-call vote soley on the jury question. Do all the members of the committee here concur in the request I'm making? 10/22/98 STATED MEETING - COMMITTEE REPORTS (Law and Government Committee members respond in the affirmative.)
All in favor, let it be known by saying aye. Is there any opposition to the motion?
That's on the motion of the Council in reference to the bail question related to the motion that you made?
The report has now been amended to delete any consideration of anything other than the jury-trial question.
My vote is to accept 10/22/98 STATED MEETING - COMMITTEE REPORTS the report of the committee to urge the citizens of Philadelphia to vote no on Question 2, relating to the prosecutor's right to ask for a jury trial.
Those voting aye will be voting in favor of the report; those voting no will be voting against the report. The clerk will call the roll.
And a vote of no will be urging the voters of Philadelphia to vote yes. Since the yes-vote has been characterized, I would hopefully could characterize the nay-vote equally. Thank you.
Councilwoman 10/22/98 STATED MEETING - COMMITTEE REPORTS Clark?
Councilman Nutter? 10/22/98 STATED MEETING - COMMITTEE REPORTS
Aye. The ayes are 12, the nays are 4. The majority of all Members of Council having voted in the affirmative, the resolution -- the report, as amended, is adopted.
The next order of business is consideration of the bills on the 10/22/98 STATED - FIRST-READING CALENDAR, BILL 980712 first-reading calendar.
Bill No. 980712, an ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by amending Chapter 10-300, entitled "Minors," by amending Section 10-303, entitled, "Unlawful Conduct of Minors" and Section 10-304, entitled "Unlawful Conduct of Parents," by amending the hours of curfew on certain days, all under certain terms and conditions.
The Chair agrees. The bill read by the chief clerk will be placed on the second- and final-reading passage calendar for our next meeting.
Council will now consider bills on the second- and final-reading passage calendar. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. There are no bills on the second-reading and final-passage calendar to be considered.
This completes our 10/22/98 STATED - ADJOURNMENT calendar for today.
Are there any speeches on the part of Members of the Minority? (No speeches on the part of Members of the Minority.)
Are there any speeches on the part of Members of the Majority? (No speeches on the part of Members of the Majority.)
Thank you, Mr. President. I move that Council stand adjourned until Thursday, October 29, 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 29, 1998, at 10 o'clock a.m. (Adjourned at 11:53 a.m.) C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, October 22, 1998, were reported and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter