COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, October 4, 2001 10:16 a.m. Room 400, City Hall Philadelphia, PA PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON 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, Deputy Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 10/4/01 STATED - GREETING/INVOCATION
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. The Council will come to order, please. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the chair welcomes Rabbi Avi Winokur from the Society Hill Synagogue. He is here day as a guest of Councilman DiCicco. All members and guests will
I want to thank you for this opportunity and this privilege to address you. There is a line in the -- in the beginning of the prophet Isaiah, Isaiah says that he's prophesied through four different kings, he's outlived four different kings. And so the Talmud takes that and says, "Oy, the burdens of leadership, they kill you." Your critics -- it may be the press, I don't know, they'll decide. Your critics outlive you, the burden of leadership is just too much. So there is a recognition in our tradition of just how difficult this burden is and how much work you put in. And it is really something that I hope that people will be grateful for. In coming new to 10/4/01 STATED - GREETING/INVOCATION Philadelphia, I certainly am. You are here in this beautiful building that -- that I just -- is absolutely gorgeous. And we're here during the Jewish holiday of Sukkot, which is all about the fragility of buildings. And unfortunately, we in this nation know about the fragility of buildings like we have never known it before in our history. Sukkot is a holiday in which Jews built a little structure that is supposed to be temporary, that is supposed to be fragile, that recalls our days of wandering in the desert, when Judaism was originally formulated. I think we have all learned almost the obvious lesson, and that it is not our buildings that count but it is what we do inside them that counts. I repeat the obvious because I think it is also important. Sometimes we overlook the obvious. In this beautiful, beautiful building, it's your work that really counts, and it is your work that is in many ways the response to those who would tear down this country. I want to conclude with the blessing that is found in the Talmud. Blessed are You, Lord, our God, who 9/20/01 JOURNAL APPROVAL commands us to engage in the needs of this community. And blessed are those who are so engaged. Amen.
Amen. The Chair thanks the Reverend for his inspiring invocation. Council will be at ease. (Council stands at ease.) (Proceedings resume.)
The next order of the business is the approval of the meeting of the Journal of Thursday, October, 2001. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, September 20, 2001 is approved. (Duly seconded.)
It's been moved and properly seconded that the Journal of the meeting of Thursday, September 20, 2001 stand approved. All those in favor will signify by saying LEAVES OF ABSENCE REQUESTS/VISITOR RECOGNITION aye. Those opposed? The ayes have it the motion carries and the journal of the meeting of Thursday September 20, 2001 stands approved.
The next order of business is requests for leaves 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.
There are no requests for leaves of absence from the Republicans.
The chair will dispense with the regular order of business to recognize guests and visitors joining us in chambers this morning. On behalf of all members of City COMMUNICATIONS 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 to you come again.
The next order of business is communications. The chair requests that the Sergeant-atArms deliver the messages from the Mayor to the clerk. The clerk will please reads messages from the Mayor.
To the President and Members of the Council of the City of Philadelphia: I am pleased to advise you that on October 3, 2001, I signed the following bills that were passed by Council at its session of September 20, 2001: Bill No. 010269, 010274, and 101369. And I am returning herewith as disapproved Bill No. 010527 passed by Council at its session of September 20, 2001. And I am returning herewith as disapproved Bill No. 010523. Council passed this bill at its session on September 20, 2001.
The messages INTRODUCTION OF BILLS, RESOLUTIONS will be printed in the Journal. The clerk will please read any other communications in her possession.
The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended so as 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. INTRODUCTION OF BILLS, RESOLUTIONS All in favor of the motion will say aye. Those opposed? The ayes have it and the motion carries The Chair recognizes Councilman Kenney for the introduction of bills and resolutions.
Thank you, Madam President. I offer one bill and three resolutions.
The clerk will please read the title of the bill.
An ordinance amending Section 19-2604 of the Philadelphia Code relating to tax rates, credits and alternate tax computation for the business privilege tax by reducing certain tax rates and by making technical amendments, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The clerk will please read the title of the first resolution.
A resolution authorizing City Council's Public Safety and Legislative Oversight committees to hold public hearings on the status and condition of the Philadelphia Fire Department's equipment and safety gear. INTRODUCTION OF BILLS, RESOLUTIONS
I move the adoption of the resolution. (Duly seconded.)
All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution will be referred to the appropriate committee. The clerk will please read the title of the second resolution.
A resolution authorizing City Council's Legislative Oversight Committee to hold public hearings on the potential effect of the Deferred Retirement Option Program on the City's workforce and City services.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be INTRODUCTION OF BILLS, RESOLUTIONS adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution will be referred to the appropriate committee. The clerk will please read the title of the third resolution.
A resolution authorizing City Council's Legislative Oversight Committee to hold public hearings on the management and oversight of the investment strategy in the growth of the City's municipal pension fund.
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? INTRODUCTION OF BILLS, RESOLUTIONS The ayes have it and the resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning, I introduce one bill on your behalf and one resolution on my own.
Thank you. The clerk will read the title of the bill.
An ordinance approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Grays Ferry urban renewal area designated as Parcel 150.
The bill will be referred to the appropriate committee. 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 of Philadelphia deeds located in the 6th, 34th, 46th, and 51st Wards of the City of Philadelphia. INTRODUCTION OF BILLS, RESOLUTIONS
Madam President, I move for the adoption. (Duly seconded.) COUNCIL PRESENT VERNA: It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Cohen.
Madam President, I offer one resolution on your behalf.
Thank you. The clerk will please read the title of the resolution.
A resolution recognizing the legacy of William Penn on the anniversary of his birth, October 24th.
Madam President, I move INTRODUCTION OF BILLS, RESOLUTIONS adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilwoman Krajewski.
The clerk will please read the title of the bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2002 within the General Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards, and commissions.
The bill will be referred to the appropriate committee. INTRODUCTION OF BILLS, RESOLUTIONS The Chair recognizes Councilman Mariano.
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 of Philadelphia deeds located in the 7th, 18th, 19th, and 23rd wards of the City of Philadelphia
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilwoman Tasco.
Madam President, I INTRODUCTION OF BILLS, RESOLUTIONS have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer one bill and two resolutions, and one resolution is cosponsored by Councilman Clarke.
Thank you. The clerk will please read the title of the bill.
An ordinance amending Section 5 of an ordinance (Bill No. 000259) granting permission to the Chestnut Hill Academy, 500 Willow Grove Avenue, to construct and use and maintain one water distribution line.
The bill will be referred to the appropriate committee. the clerk will please read the title of the first resolution.
A resolution honoring and commending native son John Cheyney for his contributions to the City of Philadelphia and congratulating him upon his induction into the Basketball Hall of Fame. INTRODUCTION OF BILLS, RESOLUTIONS
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the title of the second resolution.
A resolution declaring October 4, 2001 as "International Walk To School Day."
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be INTRODUCTION OF BILLS, RESOLUTIONS adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill and three resolutions.
Thank you. The clerk will please read the title of the bill.
An ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by revoking the authority of the Board of Education of the School District of Philadelphia to impose the liquor sales tax after a certain date, under certain terms and conditions.
The bill will be referred to the appropriate committee. The clerk will please read the title of the first resolution.
A resolution authorizing the Council Committee of the Whole to conduct hearings for the purpose of receiving testimony from INTRODUCTION OF BILLS, RESOLUTIONS representatives of the restaurant, hotel and hospitality industry and the Greater Philadelphia Chamber of Commerce in order to assess the impact of the severe downturn in the national and local economy on these industries in Philadelphia and the impact on the state and local taxes of these industries, and also asking that the General Assembly explore any options to enable the repeal of the Philadelphia School District's liquor sales tax by the enactment of a new revenue source that will replace the revenues raised by the liquor sales tax in order to help and improve the business climate and promotion of the restaurant, hotel and hospitality industries in Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? INTRODUCTION OF BILLS, RESOLUTIONS The ayes have it and the resolution will be referred to the appropriate committee. The clerk will please read the title of the second bill [sic].
A resolution authorizing the Council Committee on Commerce and Economic Development to hold hearings for the purpose of reviewing the operations, programs, and strategic plans of the public and quasi-public entities within the jurisdiction of the committee in order to evaluate their role in the promotion of commerce and economic development and employment within 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 those in favor will signify by saying aye. Those opposed? INTRODUCTION OF BILLS, RESOLUTIONS The ayes have it and the resolution has been adopted. And the resolution will be referred to the appropriate committee. The clerk will please read the title of the third resolution.
A resolution calling upon Mayor John F. Street and the City administration to fully extend health benefits and explore the differences in compensation to municipal employees who are called into active duty in the National Guard or other reserve components of the armed forces of the United States of America.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution will INTRODUCTION OF BILLS, RESOLUTIONS be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions today.
Thank you The Chair recognizes Councilman Goode.
Thank you, Madam President. I have one resolution on your behalf.
The clerk will please read the title of the resolution.
A resolution recognizing November 4 to 10, 2001 as "Chemistry Week" in the City of Philadelphia.
It has been properly moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. INTRODUCTION OF BILLS, RESOLUTIONS Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Ortiz.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I have three bills and one resolution cosponsored by all members of City Council and introduced on your behalf.
Thank you. The clerk will please read the title of the first bill.
An ordinance granting permission to CTSI LLC, a Pennsylvania liability company, its successors, assigns, and agents to construct, maintain and operate, replace and remove telecommunications system along, over, in, and under the public rights-of-way in the City streets.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to RCN Telecom Services of Philadelphia, INTRODUCTION OF BILLS, RESOLUTIONS a Pennsylvania corporation, its successors, assigns, and agents to construct, maintain and operate, replace and remove a telecommunications system along, over, and under the public rights-of-way in City streets.
This bill will also be referred to the appropriate committee.
And an ordinance granting permission to Level Three Communications, LLC, a Delaware limited liability company registered to do business in Pennsylvania and its successors, assigns, and agents to construct, maintain and operate, replace and remove a telecommunications system along, over, in, and under the public rights-of-way in City streets.
The bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution designating the week of Monday, October 1, 2001 through Monday, October 8, 2001 as "Christopher Columbus Week" in celebration of the festivities commemorating Columbus's historical voyage to the new world. INTRODUCTION OF BILLS, RESOLUTIONS
I move the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman O'Neill
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one resolution today.
The clerk will please read the title of the resolution.
A resolution honoring and INTRODUCTION OF BILLS, RESOLUTIONS commending Bernard Hopkins, IBF and WBC Middle-Weight Champion, for capturing the WBA middle-weight title and becoming the undisputed middle-weight champion of the world.
Thank you, Madam President. Madam President, that resolution is cosponsored by Councilwoman Donna Miller and myself and others members of Council. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Longstreth.
No bills or resolutions, Madam President. INTRODUCTION OF BILLS, RESOLUTIONS
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
The clerk will please read the title of the resolution.
A resolution directing the Department of Public Property to serve as the lead agency to coordinate a survey with all the City departments and agencies of all the facilities owned or operated by the City of Philadelphia to determine and provide for the capability of such facilities to display flags of the United States of America and the City of Philadelphia and to ensure the prominent display of such United States and City flags at such locations.
Do I hear a second? (Duly seconded.) COMMITTEE REPORTS
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted.
The next order of business will be reports from committees, and the Chair recognizes Councilman DiCicco for a report from the Streets and Services Committee.
Thank you, Madam President. The Committee on Streets and Services reports 15 bills out 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 Streets and Services to which was referred: Bill No. 000586, an ordinance revising parking regulations on Ninth Street, both sides, COMMITTEE REPORTS from Bainbridge Street to Fitzwater Street; and Bill No. 000587, an ordinance revising parking regulations on Fitzwater Street, both sides, from Tenth Street to Eleventh Street; and Bill No. 000588, an ordinance revising parking regulations on Fitzwater Street, both sides, from Eight Street to Ninth Street; and Bill No. 000644, an ordinance revising parking regulations on Watts Street, east side, from Ritner Street to Porter Street; and Bill No. 010265, an ordinance revising parking regulations on Carlyle Street, both sides, from Erie Avenue to Butler Street; and Bill No. 010266, an ordinance establishing parking regulations on Gravers Lane, east side, Germantown Avenue to Shawn Street; and Bill No. 010290, an ordinance establishing parking regulations Hicks Street, east side, Ritner Street to Porter Street; and Bill No. 010291, an ordinance establishing a parking regulation on Porter Street, both sides, 15th Street to 16th Street; and Bill No. 010292, an ordinance establishing a parking regulation on Rosewood COMMITTEE REPORTS Street, east side, Jackson Street to Wolf Street; and Bill No. 010293, an ordinance establishing a parking regulation on Rosewood Street, east side, Shunk Street to Oregon Avenue; and Bill No. 010294, an ordinance establishing a parking regulation on Shunk Street, both sides, Broad Street to 15th Street; and Bill No. 010295, an ordinance establishing a parking regulation on Shunk Street, both sides, 15th Street to 16th Street; and Bill No. 010296, an ordinance establishing a parking regulation on 15th Street, both sides, Ritner Street to Porter Street; and Bill No. 010505, an ordinance authorizing Irvin Berskin, owner of the property 2551 South Fifth Street, to construct and maintain a fence for a Dumpster enclosure on the east footway of South Fifth Street; and Bill No. 010525, an ordinance establishing a parking regulation on Murdoch Street between Pickering Avenue and Cheltenham Avenue respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation. COMMITTEE REPORTS
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day on the 15 bills that have just been read into the record.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No.'s 000586, 000587, 000588, 000644, 010265, 010266, 010290, 010291, 010292, 010293, 010294, 010295, 010296, 010505,and 010525. All in favor will signify by saying aye. Those opposed? The ayes have it and the bills just mentioned will be placed on today's first-reading calendar.
At this time, we will consider the calendar. The clerk will please FIRST-READING CALENDAR call the first bill up for consideration.
Bill No. 000586, an ordinance revising parking regulations on Ninth Street, both sides, from Bainbridge Street to Fitzwater Street.
And Bill No. 000587, an ordinance revising parking regulations on Fitzwater Street, both sides, from Tenth Street to Eleventh Street.
And Bill No. 000588, an ordinance revising parking regulations on Fitzwater Street, both sides, from Eight Street to Ninth Street.
And Bill No. 000644, an ordinance revising parking regulations on Watts Street, east side, from Ritner Street to Porter Street.
And Bill No. 010265, an ordinance revising parking regulations on Carlyle, both sides, from Erie Avenue to Butler Street.
And Bill No. 010266, an ordinance establishing parking regulations on Gravers Lane, east side, Germantown Avenue to Shawn Street.
And Bill No. 010290, an ordinance establishing a parking regulation on Hicks Street, east side, Ritner Street to Porter Street.
And Bill No. 010291, an ordinance establishing a parking regulation on Porter Street, both sides, 15th Street to 16th Street.
And Bill No. 010292, an ordinance establishing a parking regulation on FIRST-READING CALENDAR Rosewood Street, east side, Jackson Street to Wolf Street.
And Bill No. 010293, an ordinance establishing a parking regulation on Rosewood Street, east side, Shunk Street to Oregon Avenue.
And Bill No. 010294, an ordinance establishing a parking regulation on Shunk Street, both sides, Broad Street to 15th Street.
And Bill No. 010295, an ordinance establishing a parking regulation on Shunk Street, both sides, 15th Street to 16th Street.
And Bill No. 010296, an ordinance establishing a parking regulation on 15th Street, both sides, Ritner Street to Porter Street.
And Bill No. 0105015, an ordinance authorizing Irving Berskin, the owner of the property 2451 South Fifth Street, to construct and maintain a fence for a Dumpster enclosure on the east footway of South Fifth Street, adjacent to the property, all under certain terms and conditions.
And Bill No. 010525, an ordinance establishing a parking regulation on Murdoch Street between Pickering Avenue and Cheltenham Avenue.
The Chair agrees. The bills read by the clerk will be 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 bills for the second-reading and final-passage calendar to be considered.
Thank you, Madam SECOND READING - BILL 000629 President. This morning Bill No.'s 000629 and 000716 are being called up for second reading and final passage. All other bills are being held.
Thank you. The clerk will please read the title of Bill No. 000629.
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending language regarding appeals, 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.
All in favor? We'll do a roll call. Did I hear one aye?
Two. All of those in favor of tabling Bill No. 000629 will indicate by saying aye. I think we better have a roll call.