COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, October 30, 1997 10:50 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT JOHN F. STREET COUNCILWOMAN ANNA CIBOTTI VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN DAVID COHEN COUNCILWOMAN HAPPY FERNANDEZ COUNCILMAN JAMES F. KENNEY COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILMAN FRANK DiCICCO COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER MARIE B. HAUSER, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center Plaza, Suite 600 Philadelphia, PA 19103 (215) 561-2220. INVOCATION
Good morning, ladies and gentlemen. If I could have your attention, please. 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 the seats outside the rail. To give our invocation this morning, the Chair welcomes Dr. Katie Day, Associate Pastor of Church and Society at the Lutheran Theological Seminary. She is here today as the guest of Councilwoman Fernandez. Members and guests will please rise.
Let us join our hearts and minds together in prayer. Oh God, our creator, we pause as we begin this day of work and negotiation to remember who we are and whose we are, and to ask that you be with us today, keeping us focused on the deeper meanings and the higher purpose of all that we do. As those who have been entrusted with leadership, oh God, we get weary, distracted, or INVOCATION frustrated. Spirit of the living God, renew us. Where we see conflict, help us find reconciliation. Where we hear of those who have been injured, give us the wisdom and the will to seek justice. As we encounter the dispair of so many in our city, speak through us of true hope. We offer to you this day your city, Philadelphia, and all its inhabitants, representing a vibrant mosaic of peoples from the very young to the very old, from the Far Northeast to Southwest, from board rooms and bar rooms, hospitals and streets, schools and businesses. Enable us this day, all of us, to be compassionate servants of this city. Give to those in leadership the energy, the intelligence, the imagination, and the love to create and recreate a city where the humanity of all has the possibility of fulfillment. Amen.
The Chair thanks Dr. Day for her inspiring invocation. (Council members greet Dr. Day.)
The next order of APPROVAL OF JOURNAL/LEAVES OF ABSENCE the business is the approval of the Journal of the meeting of Thursday, October 23, 1997. The Chair recognizes Councilwoman Clark.
Mr. President, I move the adoption of the Journal of that date.
All in favor let it be known by saying aye. Those opposed say nay. It is carried that the Journal of the meeting of Thursday, January 23, stands approved. Next order of business is Leaves of Absence. The Chair recognizes Councilwoman Verna.
Mr. President, on behalf of the majority a leave of absence is requested for Councilwoman Krajewski.
The Chair thanks the Councilwoman. Leave will be granted. The Chair recognizes Councilman Rizzo on behalf of the minority.
The Chair thanks Councilman Rizzo. At this time we will dispense with our regular order of business to recognize visitors and guests. To all of our visitors with us, we welcome you here this morning and applaud your interest in the civic affairs of our city, and invite you to come again. Is there any member of Council who wishes to recognize a visiting guest or dignitary? Our first presentation today honors Mr. Marshall Freeman. To make this presentation, the Chair appoints Councilwoman Miller. The Chair invites Mr. Freeman to come and receive this resolution.
Good morning. Resolution honoring and commending Marshall Freeman for 28 years of dedicated service as Director of Minority Business Enterprise and Women's Business Enterprise, an Equal Employment Opportunity for the Redevelopment Authority for the City of Philadelphia. Whereas, Marshall Freeman has a long, PRESENTATIONS distinguished professional career at the Redevelopment Authority, beginning his tenure in January 1970; And whereas, Marshall Freeman was the Authority's first MBE/WBE Director. The office was established by the RDA Board, with the concurrence of former Executive Directors Michael Arno and Robert Hazen, with the assistance of Marshall Freeman, Honorable John M. Young, who is now a Common Pleas judge, and Robert Garrero, Esquire, RDA's General Counsel in 1984; And whereas, Marshall initiated and implemented successfully the Authority's and the City of Philadelphia's first MBE/WBE project participation requirements. This historical compliance obligation occurred on the J.C. Penney's Gallery I and Gallery II Projects in 1981. The participation levels for the MBE and WBE prime and subcontractors was in excess of 20 percent of the total cost of the Gallery Project, which exceeded the $125 million figure for construction; And whereas, during Marshall Freeman's 28-year career with the Authority, he has PRESENTATIONS been directly involved in and is most responsible for the Authority's achievements to date in the production of minority and women's business contracts. Contracting dollars achieved for MBE and WBE firms are projected to be in the range of millions; Whereas, the aforementioned dollars helped to develop some citywide projects such as the Ritz Carlton Hotel, North Philadelphia Train Station, Cecil B. Moore Apartments, Wister Townhouses, Blakestone Apartments, and all CDBG projects; And whereas, Marshall Freeman in 1996 was recognized professionally by the South African Black Contractor's Association program as a visiting expert. At the invitation of BCI/SABCAP, Marshall went to the Republic of South Africa to confer with and address the general membership of this organization. While in South Africa, Marshall met and worked with other international experts to review the National Government Procurement Policy and initiatives for the emerging black African. Therefore, the Council of the City of PRESENTATIONS Philadelphia does hereby commend and congratulate Marshall Freeman for his accomplishments and 28 years of excellence in office and as a dedicated public servant. Certification. This is a true and correct copy of the original Resolution adopted by the Council of the City of Philadelphia on the 11th day of September, 1997, signed by John M. Street, President, introduced by Donna Reed Miller, and sponsored by all Council members. (Applause.) (Councilwoman Verna assumes the Chair.)
Thank you so very much, Councilwoman Donna Reed Miller. To Council President John Street, to the other distinguished members of City Council, City of Philadelphia, I am so honored and privileged to stand before you to receive this citation. And less I be remiss in my remarks, I would like to thank the wonderful staff of the Redevelopment Authority, my colleagues who are here PRESENTATIONS today. And I would love for them to stand up. Would you please. (Members of staff stand.) (Applause.)
Also in attendance are some of the minority firms that I represented while I was at the Authority. Would you please stand up. (Members stand.) (Applause.)
And, of course, my dear, dear, dear wife, Melvie. Would you please stand up. (Applause.)
It was because of Council's diligence in '81, I believe, or when the legislation was being created, that the City of Philadelphia began enjoying tremendous success with Minority Business Enterprise participation in '84. And I would not have achieved any of the successes had it not been for this Council and for my colleague, Jim Rountree, who is in attendance, Marla Hamilton, Amelia Young, and Andy Jenkins, who was the former Executive Director of PRESENTATIONS the Redevelopment Authority, who appointed me to the position of Equal Opportunity Officer. So I just want to thank them very much. And also Christina Davis, my Administrative Assistant. So thank you very much for this reward. (Applause.)
Our second presentation declares October as Family Sexuality Education Month. To make this presentation, the Chair appoints Councilwoman Tasco. The Chair invites Miss Lisa Shelby to come and receive this resolution.
Good morning. It gives me great pleasure to present this resolution declaring October as National Family Sexuality Education Month. Whereas, since 1974 the National Family Sexuality Education Coalition has sponsored PRESENTATIONS National Family Sexuality Education Month to provide information and support for sexuality education within the family; And whereas, over the years, Planned Parenthood of Southeastern Pennsylvania has taken the lead in Philadelphia in presenting workshops, forums, and training seminars to stimulate and encourage family communication around the multifaceted nature of human sexuality; And whereas, Planned Parenthood of Southeastern Pennsylvania has developed a community education program on sexual health which has reached 5,000 individuals through city schools; And whereas, the Education Department of Planned Parenthood has sponsored outreach to over 4,000 community representatives on sexual health, has developed a Latino Health Initiative, which collaborates our Latino service agencies in delivering information on sexual health and has established resource centers and libraries opened to the public, which has over 3,000 visits; And whereas, the two most stellar accomplishments in honor of family sexuality education have been the creation of over 700 teen PRESENTATIONS peer educators, trained to provide workshops to fellow teens about sexuality, and the founding of the Annual Training Institute, which has trained over 1,400 professionals in the areas of sexual health. Now, therefore, resolve by the Council of the City of Philadelphia, that the Council of the City of Philadelphia declare October as National Family Sexuality Month. Further resolve that an engrossed copy of this resolution be presented to Lisa Shelby, Vice-President for Education of Planned Parenthood of Southeastern Pennsylvania, as an expression of the high regard for the organization's efforts to prepare our youth to understand human sexuality and conduct themselves responsibly. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 9th day of October, 1997. Signed by the President of City Council, John Street, introduced by Marian B. Tasco, and sponsored by all members of City Council. We congratulate you. And, again, PRESENTATIONS welcome, and thank you very much for all that you do. (Applause.)
Good morning. On behalf of Planned Parenthood, Southeastern Pennsylvania, and the tens of thousands of women, children, and men for whom we provide services, I would like to thank Councilwoman Marian Tasco and the members of the City Council for honoring National Family Sexuality Education Month. In celebration of this month, Planned Parenthood sponsored a poster contest for students in middle and high schools throughout the area. Students expressed their views of family communication around sexuality through posters. The winners were announced on Monday, and the winning posters are displayed in our Resource Center at 1144 Locust Street. Last night we had a program for over 30 parents to discuss the issues related to communication around sexuality and provided information and skills for those parents to be PRESENTATIONS better able to do so in their own families. Just this morning I appeared on Good Morning Philadelphia to discuss those same issues. And, of course, here I am today accepting this proclamation. So, sex and sexuality. As parents, we often want to run away from the idea of talking to our children about these topics. However, as parents we all want what's best for our children. Talking with them about sexuality is what's best for our children. Children who have honest, open communication with their parents become sexually active at an older age than their peers who don't talk with their parents, and are more likely to use birth control effectively when they do become sexually active. Yes, talking about these issues can be difficult. It can be uncomfortable, even embarrassing, to have these conversations with our children. But it is vital that we do so. It is our responsibility to do so. How else can we combat the plethora of negative, distorted, inaccurate messages that PRESENTATIONS bombard young people from TV, music videos, magazines, and billboards? How else can we balance those messages with our values, our beliefs, our feelings about this most important subject. Conversations held across the dinner table, at bedtime, while pouring orange juice in the morning are critical to our children's development into healthy, happy adults. Planned Parenthood strongly believes that parents are the primary sexuality educators of their children. Thank you very much for joining us in our effort to help prepare parents to be effective and comfortable in this role. (Applause.)
Thank you. Council will be at ease. (Council stands at ease.)
Thank you, Madam Chair. I would like to recognize and COMMUNICATIONS introduce residents from the Riverside Presbyterian Home at 23rd and Race. They are here not only observing City Council, but will be meeting with me and SEPTA representatives after the meeting regarding some concerns they have with SEPTA.
We certainly welcome you to City Council. Thank you very much. Would you please stand to be recognized. (Members stand.) (Applause.)
The 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 from the Mayor.
"October 27, 1997. To the President and Members of the Council of the City of Philadelphia. "I am pleased to advise you that I have today signed the following bills: Bill No. COMMUNICATIONS 970515 and Bill No. 970517, which were passed by Council at its session on October 16. "And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the West Philadelphia redevelopment area identified by house number and street address as 6000 through 6018 Baltimore Avenue, and authorizing the Redevelopment Authority to execute the redevelopment contract with 6000 Baltimore, L.P., and to take such action as may be necessary to effectuate the redevelopment contract and disposition supplement. "And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the south central urban renewal area identified by respective house number and street address as 1601 Christian Street and 802 South 16th Street. And authorizing the redevelopment authority to execute the redevelopment contract with Universal Court II Associates and to take such action as may INTRODUCTION OF BILLS & RESOLUTIONS be necessary to effectuate the redevelopment contract and disposition supplement."
The messages will be printed in the Journal. The Chief Clerk will read any other communications in her possession.
Thank you. The next order of business is introduction of bills and resolutions. The Chair recognizes Councilwoman Clark for a motion to suspend rules concerning the resolutions.
Madam Chair, I move that the Rules of Council be suspended so as to permit consideration of resolutions at the time of their introduction. (Duly seconded.)
All in favor will signify by saying aye. The motion is so carried. The Chair recognizes Councilwoman Clark for any bills or resolutions that she has to INTRODUCTION OF BILLS & RESOLUTIONS introduce.
The Chair thanks the lady. The Chair recognizes Councilwoman Blackwell. She is not here at the moment. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilman Kenney.
Thank you, Madam Chair. I have no bills or resolutions today.
Thank you, Madam Chair. I have no bills or resolutions.
The Chair thanks the lady. The Chair recognizes Councilman INTRODUCTION OF BILLS & RESOLUTIONS Nutter.
Madam Chair, I offer one bill and one resolution on behalf of the Council President, yourself, Councilwoman Verna, Councilman DiCicco, and myself. (President Street resumes the Chair.)
The clerk will please read the title of the resolution.
A Resolution authorizing the Committee on Commerce and Economic Development to hold hearings on issues surrounding new sport facilities, including but not limited to the condition and adequacy of existing stadiums and facilities, the economic impact of new facilities on the sports and entertainment industry, and financing strategies for new construction of sport facilities.
Mr. President, I move the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. INTRODUCTION OF BILLS & RESOLUTIONS Those opposed say nay. The resolution is adopted. Councilwoman Blackwell, your light is on.
The Chair recognizes Councilwoman Blackwell for the purpose of introducing bills and resolutions.
Thank you, Mr. President. I have two resolutions today.
The clerk will please read the titles of the resolutions.
A Resolution calling on the City Council Committee on Education and Public Safety to hold hearings to investigate the school district's plan to provide heat to all public schools and to disclose what their plans are for buildings with facilities and defective heating systems.
I move the adoption. INTRODUCTION OF BILLS & RESOLUTIONS (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The resolution is adopted. The clerk will please read the title of the bill introduced by Councilman Nutter.
An Ordinance to amend the Philadelphia zoning maps by changing the zone designations of certain areas of land located in the 38th Ward, and within an area bounded by North 35th Street, West Westmoreland Street, North 34th Street, and West Allegheny Avenue from Class R-9A residential to partly Class R-9A residential and partly Class L-4 limited industrial.
This bill will be referred to the appropriate committee. The clerk will please read the title of the second resolution introduced by Councilwoman Blackwell.
A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban INTRODUCTION OF BILLS & RESOLUTIONS renewal of a portion of the West Philadelphia redevelopment area, identified by house number and street address as 6000 through 6018 Baltimore Avenue, authorizing the Redevelopment Authority to execute the redevelopment contract with 6000 Baltimore, L.P., and to take such action as may be necessary to effectuate the redevelopment contract and disposition supplement.
All in favor let it be known by saying aye. Those opposed say nay. The resolution is adopted. The Chair recognizes Councilwoman Verna.
The clerk will please read the title of the resolution.
A resolution approving INTRODUCTION OF BILLS & RESOLUTIONS the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the south central urban renewal area identified by respective house number and street address as 1601 Christian Street and 802 South 16th Street, and authorizing the Redevelopment Authority to execute the redevelopment contract with Universal Court II Associates, and to take such action as may be necessary to effectuate the redevelopment contract and disposition supplement.
I move the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The resolution is adopted. The Chair recognizes Councilwoman Fernandez.
Mr. President, I have one resolution to introduce today, INTRODUCTION OF BILLS & RESOLUTIONS which is also sponsored by Councilman Kenney, Councilwoman Tasco, Councilwoman Blackwell, Councilwoman Miller, and Councilmen Cohen, Mariano, and Councilwoman Verna.
The clerk will please read the title of the resolution.
A Resolution authorizing the Philadelphia City Council Committees on Public Health and Human Services, Education, and Public Safety to conduct public hearings to examine the effect of truancy on the incidence of crime and to develop a coordinated strategy to protect youth from violence and crime in neighborhoods.
I move the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The resolution is adopted. The Chair recognizes Councilwoman Tasco. INTRODUCTION OF BILLS & RESOLUTIONS
The Chair thanks the Councilwoman. The Chair recognizes Councilman Ortiz.
The Chair thanks Councilman Ortiz. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Mr. President. I offer eight bills.
An Ordinance amending an ordinance approved January 3, 1992, establishing vendor locations in Center City pursuant to Subsection 9-204(8)(a) by deleting one location on South 5th Street and by creating a new location on South 5th Street.
This bill will be referred to the appropriate committee. INTRODUCTION OF BILLS & RESOLUTIONS
An Ordinance amending an ordinance approved January 3, 1992, establishing vendor location in Center City pursuant to Subsection 9-2049(a)(8) by deleting one location on the block facing 4th Street from Market Street to Chestnut Street east side.
The bill will be referred to the appropriate committee.
An Ordinance amending Title 9 of the Philadelphia Code of Ordinances entitled "Regulation of Businesses, Trades, and Professions," by amending Subsection 9-204(8)(a) by extending the ban on vending on Chestnut Street to Front Street. And an Ordinance amending Chapter 10-1200 of the Philadelphia Code entitled "Posting of Temporary Signs," by prohibiting the posting of certain temporary signs and political campaign posters in certain sections of the First Councilmanic District, including Fitzwater Street, both sides, from the east side of Broad Street to Front Street, under certain terms and conditions. An Ordinance amending Chapter 10-1200 of the Philadelphia Code entitled "Posting of INTRODUCTION OF BILLS & RESOLUTIONS Temporary Signs," by prohibiting the posting of certain temporary signs and political campaign posters in certain sections of the First Councilmanic District, including Sansom Street both sides, from the east side of Broad Street to Front Street, under certain terms and conditions. And an Ordinance amending Chapter 10-1200 of the Philadelphia Code entitled "Posting of Temporary Signs," by prohibiting the posting of certain temporary signs and political campaign posters in certain sections of the First Councilmanic District, including Catharine Street both sides, from the east side of Broad Street to Front Street, under certain terms and conditions. And an Ordinance amending an Ordinance approved June 25, 1997, Bill No. 970047 entitled "An Ordinance Granting Permission To National Fiber Network," a Delaware corporation registered to do business in Pennsylvania, and its successors, assignees, and agents, to construct, maintain, and operate, replace, and remove a telecommunications system in, under, and across the public right-of-way and city streets and/or place such telecommunications system within the existing INTRODUCTION OF BILLS & RESOLUTIONS facilities owned by Bell Atlantic PA, PECO Energy Company, Southeastern Pennsylvania Transportation Authority, Consolidated Rail Corporation, CSX Corporation, or other entity holding a grant pursuant to other city ordinances, all under certain terms and conditions, by listing additional permitted locations for such telecommunications systems, under certain terms and conditions. And an Ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located in the 5th Ward and within an area bounded by Lombard Street, 8th Street, Rodman Street, 7th Street, South Street, and 9th Street, from partly Class R-10 residential and partly Class C-1 commercial, to partly Class R-10 residential and partly Class C-1 commercial.
These bills will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
The Chair thanks INTRODUCTION OF BILLS & RESOLUTIONS the Councilman. The Chair recognizes Councilman Mariano, and notes his willingness to hold his nine bills until next week.
Thank you, Mr. President. I have no bills or resolutions at this time.
The Chair thanks the Councilman. The Chair recognizes Councilman Longstreth.
I have no bills or resolutions, Mr. President, on this occasion.
The Chair thanks the Councilman. The Chair recognizes Councilman Rizzo.
The clerk will please read the titles of the resolutions.
A Resolution honoring and commending Dr. Albert F. Campbell for 15 years INTRODUCTION OF BILLS & RESOLUTIONS of dedication and service to the Philadelphia Prison System. And a resolution honoring and commending M. Mark Mendell, Esquire, for 22 years of dedication and service to the Philadelphia Prison System.
Mr. President, I move for the adoption of these resolutions. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. These resolutions are adopted. At this time the Chair would like to recognize and welcome to City Council a group that is here from the Riverside Presbyterian Homes. Can we have the members of this group please stand. (Members stand.) (Applause.)
I am told that they were recognized. We can't go about recognizing WELCOME VISITORS people too much, now can we. Now you know that I am interested in recognizing you. And we appreciate their being here. I don't know what was said about their presence here, but they do have a significant concern about SEPTA. I understand that Councilwoman Fernandez, in her capacity as Committee Chairman of our committee that deals primarily with SEPTA, has agreed to meet with the group immediately after Council, along with a representative of SEPTA. And I am going to try to stop in the meeting myself for a few minutes. We appreciate your being here. We regard ourselves as being a very open and supportive Council of all of the concerned people in this city, not the least of which are our senior citizens. So we thank you for being here. And we will do our best to look into any concern that you have and try to see to it that it is resolved to the mutual satisfaction of you and whoever else you have a problem with. So thank you very much for being with us. REPORTS FROM COMMITTEES The next order of business is Reports from Committees. The the Chair recognizes Councilwoman Verna for the report of the Council Committee of the Whole.
Mr. President, the Committee of the Whole reports Resolution No. 970687 out of Committee with a favorable recommendation.
"To the President and members of the Council of the City of Philadelphia: "The Committee of the Whole Council to which was referred Resolution No. 970687, entitled Resolution approving a Venture Agreement between the Philadelphia Facilities Management Corporation and QST Energy, Inc., respectfully reports it has considered and amended the same, and returns the attached resolution to Council with a favorable recommendation."
This resolution will be considered along at the same time that we consider Bill No. 970647. REPORTS FROM COMMITTEES At this time 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 Bill No. 970275 with a favorable recommendation.
"To the President and Members of the Council of the City of Philadelphia: "The Committee on Rules, to which was referred Bill No. 970275, entitled An Ordinance authorizing the extension of the term of the Authority known as the South Street Headhouse District of Philadelphia, pursuant to the provisions of the Municipality Authorities Act of 1945, PL 382, as amended, approving the planned estimated cost to propose method of assessment and charges for and concerning business improvements and administrative services to the South Street and Headhouse areas of the City of Philadelphia, respectfully reports it has considered the same and returns the attached REPORTS FROM COMMITTEES bill to Council with a favorable recommendation.
The bill reported favorably will be printed and placed on our first reading calendar for our next meeting. The Chair recognizes Councilwoman Clark for the report of the Committee on Public Property.
Mr. President, the Committee on Public Property and Public Works reports out Bill Nos. 970270, 970361, 970456, and 970545 with a favorable recommendation, and with the recommendation that the Rules of Council be suspended so as to permit first reading this day.
"To the President and Members of the Council of the City of Philadelphia: "The Committee on Public Property and Public Works, to which is referred Bill No. 970270, entitled An Ordinance authorizing the Commissioner of Public Property to execute and deliver to Philadelphia Authority for Industrial Development, without consideration, the deed conveying fee simple title to a certain tract of REPORTS FROM COMMITTEES City-owned land, with the buildings and improvements thereon erected, situated on the northeast corner of 7th Street and Pattison Avenue, in the 39th Ward of the City of Philadelphia, under and subject to the terms and conditions of the Philadelphia Industrial and Commercial Development Agreement between the city, the Philadelphia Authority for Industrial Development, and the Philadelphia Industrial Development Corporation. "Bill No. 970361, an Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to a parcel of real estate, with any improvements situated thereon, located at 907 Hamilton Street, also known as 444 through 464 Percy Street, in the 5th Ward, under certain terms and conditions. "Bill No. 970456, an Ordinance authorizing the Commissioner of Public Property and the Director of Commerce, on behalf of the City, to amend a certain lease agreement dated April 17, 1990, between the City and the Redevelopment Authority of the City of Philadelphia, RDA, within the City lease to the RDA for further sublease to REPORTS FROM COMMITTEES Penn's Landing Corporation, certain piers and riverbed areas adjacent to Penn's Landing, by adding to the leased premises approximately 1,956 square feet of land located between Piers 25 and 27 North. "Bill No. 970545, An Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease between the City of Philadelphia, as sublessee, and the Philadelphia Parking Authority, as sublessor, for a portion of the building located at 3001 Market Street, Philadelphia, Pennsylvania, under certain terms and conditions. "And Bill No. 970519 has been reported from the Committee as withdrawn. The title is, An Ordinance authorizing the Commissioner of Public Property to convey to the Redevelopment Authority of the City of Philadelphia certain premises located at 2121 through 37 North Howard Street, and authorizing the Commissioner of Public Property to enter into or to execute such other instruments as may be necessary or desirable to effectuate the provisions of this ordinance, all under certain terms and conditions."
The Chair CONSIDERATION OF FIRST READING CALENDAR recognizes Councilman Kenney.
All in favor let it be known by saying aye. Those opposed say nay. The Rules of Council are suspended to permit first reading of Bill Nos. 970270, 970361, 970456, 970545, to be included and added to our first reading calendar today. This record will note that Bill No. 970519 has been withdrawn. Council will now consider bills on the first reading calendar. The clerk will please read the bills on the first reading calendar.
Bill No. 970270, An Ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia CONSIDERATION OF FIRST READING CALENDAR Authority for Industrial Development, without consideration, a deed conveying fee simple title to a certain tract of city-owned land, with the buildings and improvements thereon, erected and situated on the Northeast corner of 7th Street and Pattison Avenue in the 39th Ward of the City of Philadelphia, under certain terms and conditions of the Philadelphia Industrial Commercial Development Agreement between the City and the Philadelphia Authority for Industrial Development and the Philadelphia Industrial Development Corporation.
Bill 970361, An Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to a parcel of real estate, with any improvements situated thereon, located a 907 Hamilton Street, also known as 444 through 464 Percy Street, in the 5th Ward, under certain terms and conditions.
Bill No. 970456, An Ordinance authorizing the Commissioner of Public Property and the Director of Commerce, on behalf of CONSIDERATION OF FIRST READING CALENDAR the City, to amend a certain lease agreement dated April 17, 1990, between the City and the Redevelopment Authority of the City of Philadelphia, RDA, within the City lease to the RDA, for further sublease to Penn's Landing Corporation certain piers and riverbed areas adjacent to Penn's Landing by adding to the leased premises approximately 1,956 square feet of land located between Piers 25 and 27 North.
Bill No. 970545, An Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease between the City of Philadelphia, as sublessee, and the Philadelphia Parking Authority, as sublessor, for a portion of the building located at 3001 Market Street, Philadelphia, Pennsylvania, under certain terms and conditions.
The Chair agrees. The bills read by the Chief Clerk will be placed on the second and final reading calendar for our next meeting. The Chair recognizes Councilwoman LEAVE OF ABSENCE/CONSIDERATION SECOND & FINAL READING CAL. Tasco.
Mr. President, I ask to be excused for Council business. I would like to leave my vote on all bills and resolutions as yes.
The Chair thanks the Councilwoman. Leave will be granted. The next order of business is consideration of the calendar. Council will now consider bills on the second and final reading passage calendar. The Chair recognizes Councilwoman Verna.
Mr. President, Bill Nos. 970564 and 970647 on the second reading and final passage calendar are being called for consideration. All other bills are being held.
First bill for consideration is Bill No. 970647. The clerk will please read the title of the bill. I'm sorry; 970564. The clerk will please read the title of this bill.
An Ordinance amending Section 19-201 of the Philadelphia Code entitled CONSIDERATION OF SECOND & FINAL READING CALENDAR "City Depositories," by authorizing the city to deposit funds in Progress Bank under certain terms and conditions.
This bill having been read on two different days, the question is shall the bill pass. The clerk will call the roll.
Councilwoman Miller. CONSIDERATION OF SECOND & FINAL READING CALENDAR
Aye. The ayes are 16, the nays are zero. A majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 970647. The clerk will please read the title of the bill.
An Ordinance authorizing the Mayor to enter into an amendment to CONSIDERATION OF SECOND & FINAL READING CALENDAR the agreement authorized by ordinance -- I'm sorry. I am going to read this again. An Ordinance authorizing the Mayor to enter into an amendment to the agreement authorized by amendment approved December 29, 1972, Bill No. 455, as amended, between the City of Philadelphia and the Philadelphia Facilities Management Corporation relating to the operation and management of the Philadelphia Gas Works, under certain terms and conditions, by authorizing Philadelphia Facilities Management Corporation, on behalf of the City and the Philadelphia Gas Works, to enter into the electric supply business, under certain terms and conditions.
At this time I ask the clerk to read the title of Resolution No. 970687.
A Resolution approving a Venture Agreement between the Philadelphia Facilities Management Corporation and QST Energy, Inc.
Bill No. 970647, having been read on two different days, the question now is shall the bill pass finally. CONSIDERATION OF SECOND & FINAL READING CALENDAR At this time any Council member that has comments on anything that's in the bill, the resolution, or the exhibit attached to the resolution, should make those comments. So that all of the whole PGW/QST agreement is in front of us, and I would appreciate it now if you would have any and all comments that we have entered into the record at this time on both the bill and the resolution. The Chair recognizes Councilman Cohen.
Mr. President, I notice that neither the bill nor the resolution contains direct language which would provide that, in the event of any changes, that copies of the proposed changes, whether material or not, as found later, would be sent to all members of Council to give them an opportunity to look at it.
Well, I am not CONSIDERATION OF SECOND & FINAL READING CALENDAR able to find it.
What I want is for somebody here who is familiar with the agreement to point out the language. The Chair recognizes Councilman Nutter.
I believe Councilman Cohen is talking about Section G in the -
That was yesterday, Councilman. I think it is as of this morning. That was in an expanded section that talked about any amendment having to be given to the Chief Clerk's Office, the Council President, the City Solicitor, and the Chairwoman of the Philadelphia Gas Commission. They have three days to take some action. That action is to either determine, any of them individually, that the amendment is CONSIDERATION OF SECOND & FINAL READING CALENDAR material. If they make that decision individually and separately, they have to file notice with the Chief Clerk. The Council is then required to take some action within ten days by resolution. If neither of those three individuals determines that it is material, if they take no action, then the company and QST can proceed on the amendment.
Thank you, Mr. President. The issue that I was concerned about, I see, is in fact covered by a separate sentence that seems totally satisfactory. It reads, "The parties shall," at the same time that Councilman Nutter was referring to, "deliver copies to all members of City Council." With that matter, I just want to congratulate everybody on what I think proved an extremely productive series of Council hearings and produced an agreement that I think deserves everybody's support. Thank you, Mr. President.
Thank you very CONSIDERATION OF SECOND & FINAL READING CALENDAR much. Is there anyone else who wishes to speak on the bill or the resolution? The Chair recognizes Councilman O'Neill.
Yes, Mr. President. I think in spite of how much was accomplished in terms of protecting the ratepayers and the taxpayers, I do think we are voting on the beginning of the end of PGW, and I am willing to do that. Thank you.
Councilman O'Neill, your comments were not heard by other members of Council, and they wish to have them repeated.
Mr. President, I agree that the amendments greatly improve this legislation and protect the taxpayers and the ratepayers. But I do think that PGW's strategy is a flawed one, and it will be the beginning of the end that we're voting for for PGW. CONSIDERATION OF SECOND & FINAL READING CALENDAR Because I think once they put their toe in the electricity water, and get into that deregulated area, there is no hope for any protection of a monopoly in Philadelphia. And that's just my own personal feeling. Thank you. And I stated that at the first hearing.
Thank you very much. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. I am not sure that I don't agree with my colleague. And, you know, I am concerned. A lot of us have had a lot of concerns about how we do PGW, less said go into this other area. But certainly I don't know how we rectify that. And, so, I too will support this bill.
Thank you very much. Is there anyone else who wishes to be heard? CONSIDERATION OF SECOND & FINAL READING CALENDAR The question recurs shall the bill pass finally. The clerk will call the roll on Bill No. 970647.
Aye. The ayes are 16, the nays are zero. A majority of all members of Council having voted in the affirmative, the bill passes. The clerk will now call the roll on Resolution No. 970687. Those voting aye will be voting in favor of the resolution and, therefore, in favor of the contract.
Aye. CONSIDERATION OF SECOND & FINAL READING CALENDAR
Councilwoman Tasco is voting aye. SPEECHES/MOTION TO ADJOURN Councilwoman Verna.
Aye. The ayes are 16, the nays are zero. The resolution is adopted. This brings us to the end of our consideration of the calendar. Are there any speeches on the part of members of the majority? Are there any speeches on the part of members of the minority? The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. I move that Council stand adjourned until Thursday, November 6, 1997, at 10:00 a.m.
All in favor let it be known by saying aye. Those opposed say nay. This Council stands adjourned until Thursday, November 6, 1997, at 10 o'clock a.m. MOTION TO ADJOURN (Meeting adjourned at 11:45 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 Thursday, October 30, 1997, were reported fully and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING _____________________________________ DEBRA A. WHITEHEAD, RPR