COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, 10/25/01 10:15 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 10/25/01 STATED - GREETING/INVOCATION
Good morning. I note that the hour has come and that a quorum of this Council is present. 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 Father John Kelly of St. Albert The Great Parish. He is here today as the guest of Councilman Brian O'Neill. All members will please rise.
I will tell you that in the Catholic tradition, it is part and parcel to pray for elected and public officials daily, and so, if I take this opportunity to remind you that throughout the Catholic church, which is throughout the world, you are prayed for on a daily basis. And rightly so, because you hold the seat of power, and consequently, that power can affect the day-to-day living of numbers of people. There are times when power or authority can be misused or misrepresented, and our world since September the 11th, is mindful of that, with 10/25/01 STATED - GREETING/INVOCATION the threat of anthrax, with terrorism and violence that has been put upon us. There could be an inclination on the part of some to put aside the fact that that's out there and not us. And if that's the case, then perhaps you are threatened or fearful or concerned about some of the prospects that affect your day-to-day living: Redistricting, school issues, public school issues, the differences in race, religion, creed, personality, and gender. If in fact your peace is threatened, either locally or globally, then I invite you to pray with me a prayer made popular by a man by the name of Francis, who grew up in the Italian town of Assisi. This prayer has been known as "The Prayer of St. Francis." While the church prays for you, it's my privilege to pray with you this day. And so if you are so inclined, I ask you to repeat after me this popular and most effective prayer to issue in peace into your homes, into your heart, and ultimately into our world. Lord, make me an instrument of your peace. Where there is hatred, let me so love. Where there is injury, pardon. Where there is doubt, faith. Where there is despair, hope. Where there is 10/25/01 STATED - GREETING/INVOCATION darkness, light. Where there is sadness, joy. O, Divine Master, grant that I may not so much seek to be consoled as to console, to be understood as to understand, to be loved as to love. For it is in giving that we receive, it is in pardoning that we are pardoned, it is in dying that we are born to eternal life. Amen.
The Chair thanks Father Kelly for his very inspiring invocation. Council will be at ease. That was beautiful. (Council stands at ease.) (Proceedings resume.)
The next order of business is the approval of the Journal of the meeting of Thursday, October 18, 2001. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 18, 2001 stand approved. (Duly seconded.)
It has been and 10/25/01 STATED JOURNAL APPROVAL/LEAVES OF ABSENCE properly seconded that the Journal of the meeting of Thursday October 18, 2001 stand approved. All those in favor will signify by saying aye. Those opposed? The ayes have it, the motion carries. The Journal of the meeting of Thursday, October 18, 2001 stands approved.
The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning, there are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes -- is Councilman O'Neill here? (Councilman O'Neill not present at this time.)
The Chair recognizes Councilman Rizzo. Councilman Rizzo, are there any requests for leaves of absence? 10/25/01 STATED - PRESENTATIONS
Madam President, no requests from the Republicans for leaves of absence.
The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers this morning. On behalf of all City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilman DiCicco.
Thank you, Madam President. This morning, I have the honor and privilege of introducing a number of folks from Italy. Some of the folks here today I had the pleasure of spending some time with in my trip to Italy back in June of this year; they actually have become my friends as well as just guests today. They are here basically to promote what is considered one of the greatest archeological naval finds in history. In the city of Pisa, they have 10/25/01 STATED - PRESENTATIONS uncovered numerous ships that date back somewhere between 1500 and 2,000 years ago, and they're looking to do an exhibit in Philadelphia. They think that Philadelphia is the city that normally they would like to do it but is the city that is most appropriate for that type of exhibit. They are meeting with different folks from the state level as well as the city level, and people from the University of Pennsylvania, and I expect that in very short time, they will announce when that exhibit will take place. With us is today is Lorenzo Mot (ph.), who's been here before. He's the Council general from Italy. Mr. Mot? (Applause.)
Dr. Alberto Giannetti (ph.), who's the president of Central Broker, which is an international insurance company, and he's also a Councilperson, believe it or not, in Pisa, in the region of Umbria. (Applause.)
Also is Mr. Riccardo Spattolini (ph.), who is the president of the Alliance Club of Perrugia -- the women know about 10/25/01 STATED - PRESENTATIONS Perrugia; it's where that fantastic chocolate is manufactured. And he's also the executive director of the Society for Incom. Riccardo? (Applause.)
You got to see his house on the hill in Pisa, it's fantastic. Also Dr. Catia Conti (ph.). She is the -she's similar to a curator of all the museums in the region of Umbria, particularly the region of Perrugia. (Applause.)
We certainly welcome you and we hope you enjoy your visit with us. Thank you. at this time, the Chair recognizes Councilman Cohen. Who will make a presentation regarding the birthday of William Penn. Will Miss Elaine Peden and Jay Meyers and those accompanying them please join the Councilman at the podium. (Councilman Cohen and guests come forward.)
Thank you, Madam 10/25/01 STATED - PRESENTATIONS President. (Inaudible) ... Germantown in the heart of Philadelphia and the Commonwealth of Pennsylvania to join me in making the official presentation. Councilwoman Miller, would you be good enough to join me? (Councilwoman Miller comes forward.)
Good morning. Recognizing the legacy of William Penn on the anniversary of his birth, October 24th. Whereas, Philadelphians recognize the founding by William Penn of our city, birthplace of the nation; and Whereas, William Penn extended friendship and fair dealing to the Native-American Indians and established our city and state as a haven for oppressed people of the world to whom he offered religious and civil liberties and high standards of justice; and Whereas, William Penn was far ahead of his time as an untiring advocate of representative city government, city planning, penal reform, humane mental institutions, and public education for 10/25/01 STATED - PRESENTATIONS everyone, and one of the first statesmen to envision the unification of the American colonies; and Whereas, William Penn. Through his holy experiment, introduced into our city and state a humanitarian code of law, which was honored in 1751 by the casting of the Liberty Bell; and Whereas, William Peen's belief in the non-violent settlement of disputes among individuals, states, and nations continues to guide and inspire us today; Now, therefore, resolved by the Council of the City of Philadelphia that we hereby recognize the legacy of William Penn, founder of this city and citizen of the first order, on the anniversary of his birth, October 24th. Resolved that an engrossed copy of this resolution be presented to Jay Meyers and Elaine Penden, co-chairs of the Friends of William Penn, as evidence of the sincere sentiments of this legislative body. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 4th day of October, 2001, Anna C. Verna, President of 10/25/01 STATED - PRESENTATIONS City Council, introduced by David Cohen for Anna C. Verna, and sponsored by all members of City Council. (Applause.)
Members of the Council and our visitors, for the last 25 years, Council has honored us by allowing us to celebrate William Penn's birthday in City Council. Yesterday, October the 24th, was United States Nations Day, and William Penn talked about the formation of the United Nations over 250 years ago. William Penn indeed is a man worth remembering. Today, we have with us Sandra Sadowski; she's from the Society of Friends. She will say a few words. And also Brian Sullivan from the Old City Civic Association. So without further adieu, Sandra. (Applause.)
Thank you, Elaine. Thank 10/25/01 STATED - PRESENTATIONS you, Madam President. Thank you, one and all of the Council and honored guests. I am representing the Philadelphia yearly meeting of the religious Society of Friends and to share in this wonderful celebration of the 300th anniversary of William Penn, charter of privileges. William Penn wrote to the Marquis of Halifax, "I have led the greatest colony into America with the most happiest, the most prosperous beginnings found anywhere. Here in Pennsylvania would be a Utopia, a place where peace, prosperity, health, happiness, and just would prevail." In 1701, William Penn wrote to James Logan: "Let us do our duty and leave the rest up to God." william Penn felt responsible for everybody who came to Penn's Woods, or Pennsylvania. Without a war, without a revolution, people were assured for the first time in the world a -individual rights, the religious tolerance, being able to assemble, and also political self-determination. What is this all saying to us today? We must question whether we are living up to the ideals 10/25/01 STATED - PRESENTATIONS established by William Penn 300 years ago. From the looks of this Council, I would say you're doing a pretty good job. (Applause.)
Thank you, Elaine Peden and Council President Verna. My name is Brian Sullivan and I am a board member of the Old City Civic Association, but also in this 300th, this tricentennial year of Philadelphia, I am functioning as the director of the 300th anniversary project, which is a consortium of 40 different cultural and educational institutions throughout Delaware Valley. And what I would like to remind you of is that, in fact, this is the tricentennial of the City Council and city incorporation of Philadelphia. So you, ladies and gentlemen, as of today, October 25th, are celebrating your 300th anniversary. It was on this day that William Penn signed the Philadelphia City Charter, the copy of which is in City Hall. And also, he signed two other charters, which are very important not only to Pennsylvanians, but also to this country, to the 10/25/01 STATED - PRESENTATIONS foundation of this country. The second charter that he signed also on this day was his plan for the education of Pennsylvania's youth, and this means that Pennsylvania has an educational plan that is 300 years old as of today, making it the third oldest educational plan for the children of Pennsylvania and the third oldest plan in the country. The third charter which he signed, which has implications to us as citizens of the United States, is the Charter of Privileges, and that date we are celebrating on the 28th, this Sunday. And I wanted to let you know a little bit what is being done throughout the Delaware Valley to be able to celebrate this. We have been able to bring together educational institutions and schools. All of the school children have been able to benefit by having enrichment programs for their teachers that have been conducted by the Constitution Center -- even though they don't have a building, they are doing educational programs -- by the American Philosophical Society, by the Pennsylvania Academy of Fine Arts, and there are many other programs that 10/25/01 STATED - PRESENTATIONS have been also implemented for enrichment. The Pennsylvania Academy of Fine Arts, together with the Mural Arts Program, was able to design and paint a mural which is a depiction of "The Peaceable Kingdom," which was originally painted by Edward Hicks, inspired by William Peen's idea of living a peaceable life, and that is in the Fair Hill of Philadelphia. I invite you all to go to see that mural. And what is also very interesting is that this mural is painted by the great- great- greatgreat-grandson of Edward Hicks, Charles Henkin. And so it is a tradition of not only art but also a tradition of Quaker values that has been passed on in this family from generation to generation. There have been other programs, and I encourage you to support the educational programs that will continue. Yesterday and today, there are supplements to the Philadelphia Inquirer, which are available to school children throughout the Delaware Valley, a 16-page supplement for the benefit of the teachers as well as the children to enhance their curriculum and to better teach them about what the meaning of these three different charters are. 10/25/01 STATED - PRESENTATIONS And I would like to point out that there are some important references that are brought out by that charter that really make the charter privileges very important, and that is the first article which William Penn maintained that of all the articles in this chart could not be changed. And that is first, because no people can be truly happy, though under the greatest enjoyments of civil liberties if a bridge of the freedom of their consciences as to their religious profession and worship. This indeed is an article that we should all keep in mind, that we should think of children across Pennsylvania as knowing and knowing well, knowing as well as even the Declaration of Independence because, indeed, it was a forerunner to our Bill of Rights and our founding documents.
William Penn, in that sense, is truly one of America's founding fathers. Thank you. )
I'm Jay Meyers, and on behalf 10/25/01 STATED - PRESENTATIONS of my co-chair, Elaine Peden, I want to thank again the President of City Council and all members of the City Council and all of our attendee here today. I'm sure that William Peen would say today, in view of our national situation, the United States forever and Philadelphia forever. Thank you. (Applause.)
Council will be at ease.) (Council stands at ease.) (Proceedings resume.)
Thank you, Madam President. I asked to be recognized this morning to recognize someone who is in the room today who has been a good friend of the Council here. Many members of Council have relied on him in his position of government affairs person over at SEPTA. He is the brother of Judge Fran Kelly at Traffic Court and Father Kelly, who gave our invocation 10/25/01 STATED - PRESENTATIONS today. Joe Kelly, I want to recognize him not only for the work he does at SEPTA, but even more importantly, through a lot of hard work and effort and going to school at night, he is our newest member of the Pennsylvania Bar; he just passed his test. I just want to acknowledge him and give him our congratulations.
The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the clerk. The clerk will please read the messages from the Mayor.
To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that today, October 25, 2001, I signed all of the bills that were passed by Council at its session on October 11, 2001.
The messages 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, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS President. I move that the rules of Council be suspended so as to permit immediate consideration of the resolutions at the time of their introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
The clerk will please read the title of the resolution.
A resolution recognizing and commending the Ancient Egyptian Arabic Order of Nobles of the Mystic Shrine, which annually holds one of the largest African-American national conventions for its recent decision to hold its 110th Imperial Council session in Philadelphia from 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS August 17 to 21, 2001.
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 has been adopted The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce one bill on your behalf.
Thank you the clerk will please read the title of the bill.
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS Planning," by amending Chapter 14-1800, entitled "Zoning Board of Adjustment," by amending Section 14-1807, entitled "Appeals to the Courts," by amending language regarding appeals under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
The clerk will please read the title of the bill.
An ordinance authorizing Ben Franklin Foods Inc., tenant of the property 3801 Salmon Street, Philadelphia, to construct, use, and maintain two one-story building additions and a fence on and over the south footway of Salmon Street. 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
The Chair recognizes Councilwoman Tasco. (Councilwoman Tasco not present at this time.)
Thank you, Madam President. I offer three resolutions.
The clerk will please read the title first resolution.
A resolution recognizing October as "Breast Cancer Awareness Month" and emphasizing the importance early detection in African-American women.
Do I hear a 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS second? (Duly seconded.)
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 clerk will please read the title of the second resolution.
A resolution commending Jay and Elsa Effren for Halloween productions that have captivated both the young and old alike for over 30 years.
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 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS aye. Those opposed? The ayes have it and the resolution has been adopted The clerk will please read the third resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in 12th, 13th, and 59th wards of the City of Philadelphia.
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? The ayes have it and the resolution has been adopted. 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer four bills and one resolution.
The clerk will please read the title of the first bill.
An ordinance providing that no agreement, memorandum of understanding or other commitment for the operation and financing or management of the School District of Philadelphia which will substitute for or supersede the functions of the Board of Education or its successors or assigns.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 9-403 of the Philadelphia Code entitled "Motor Buses," by adding a provision which prohibits the loading and unloading of passengers at off-street locations on City Avenue from 47th Avenue to Belmont Avenue. 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS
This bill will also be referred to the appropriate committee.
And an ordinance amending Section 10-722 of the Philadelphia Code, entitled "Use of Dumpsters," by adding a new subsection providing for hours of collection on City Avenue from 47th Street to Belmont Avenue.
The bill will be referred to the appropriate committee.
And an ordinance establishing a no-truck-parking and tow-away zone regulation on Haverford Avenue from 68th Street to Brockford Road, both sides.
This bill will also be referred to the appropriate committee. The clerk will please read the title of the resolution.
And 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 4th and 38th Wards of the City
The Chair recognizes Councilman Nutter. 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS
Madam President, I move the adoption of 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 Brown.
Thank you, Madam President. I have one resolution today, and because of the magnitude of the issue, I would like the resolution read in its entirety.
Thank you. The clerk will please read resolution the resolution in its entirety.
A resolution calling on Governor Mark Schweiker to insist that Edison Schools, Inc. include in their report on the Philadelphia School District an assessment of where the School District stands currently with the Fattah 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS principles and that any plan for the future incorporate steps to improve the School District in terms of those principles. Whereas, improving the lives and education of the 215,000 public and charter school students in Philadelphia will have profound positive impact on the future of Pennsylvania; and Whereas, Edison Schools Inc. has been hired by the Governor to assess the Philadelphia School District and will produce a report in the near future; and Whereas, an appropriate solution to today's problems must address the opportunity gap and resources that is encountered by not only the Philadelphia School District but by urban and rural districts throughout the Commonwealth and the country; and Whereas, seven basics of quality education have been identified by Congressman Chaka Fattah that should be examined when determining the level of opportunities students are receiving from a school district; and Whereas, the seven basics of education that need to be measured for all students are: 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS Qualified teachers, smaller class sizes, rigorous academic standards, educational technology, up-to-date school libraries and textbooks, and school counselors; and Whereas, any report or plan that does not address these basics of education will be considered incomplete and flawed; and Whereas, Congressman Chaka Fattah has developed principles that must be examined, assessed, and planned for in order to adequately measure the state of opportunity and education for the students of the Philadelphia School District; and Whereas, the seven Fattah principles for a quality education are: 1) access to instruction and core courses from a fully qualified teacher; 2) access to rigorous academic curriculums, both basic and advanced; 3) access to textbooks and instructional supplies as current as their suburban counterparts; 4) classroom sizes substantially equal to their suburban counterparts; 5) access to a school with an up-to-date library staffed by certified librarian; 6) a student-to-computer ratio similar to suburban counterparts; and 7) access to 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS guidance in a ratio that is compatible with that of other students in suburban districts; now, therefore, be it Resolved by the City of City Council calls on Governor Mark Schweiker to insist Edison Schools, Inc. include in their report on the Philadelphia School District an assessment of where the School District stands currently with the Fattah principles and that any plan for the future incorporates steps to improve the School District in terms of those principles.
I thank you, 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 resolution has been adopted. 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you The Chair recognizes Councilman DiCicco.
The clerk will please read the title of the resolution.
A resolution recognizing November 2001 as "The Month of Ramadan."
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 adopted. 10/25/01 - INTRODUCTION OF BILLS, RESOLUTIONS 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.
Thank you. The Chair recognizes Councilman Clarke.
The clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance (Bill No. 990306) approved June 24, 1999, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 120 by striking from the City Plan and vacating Sharswood Street from 22nd Street to 23rd Street
This the bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth. 10/25/01 STATED - COMMITTEE REPORTS
Thank you. The Chair recognizes Councilman Rizzo.
The next order of business is reports from committees, and the Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out three bills with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia: The Committee on Finance, to which was referred Bill No. 010492, an ordinance amending Title 19 of the Philadelphia Code, entitled "Finance, Taxes and Collections," by creating a Rainy Day Fund to cushion the impact of unanticipated declines in City 10/25/01 STATED - COMMITTEE REPORTS revenues, all under certain terms and conditions; and Bill No. 010508, an ordinance amending Section 19-1303 of the Philadelphia Code, entitled "Authorization to Offer Exemption From Real-Estate Taxes on New Construction of Residential Property," all under certain terms and conditions; and Bill No. 010541, an ordinance amending Chapter 19-2600 of the Philadelphia Code, entitled "Business Privilege Taxes," by establishing a pilot program under which a credit against business privilege taxes will be given to certain businesses that contribute monies to community development corporations, undertaking economic development activities within the City of Philadelphia respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No.'s 010508 and 010541. 10/25/01 STATED - COMMITTEE REPORTS (Duly seconded.)
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 010508 and 010541. All in favor will say aye. Those opposed? The ayes have it, and Bill No.'s 010508 and 010541 will be placed on today's first-reading calendar. Bill No. 010492 will be placed on our first-reading calendar at our next session of Council. The Chair recognizes Councilman Kenney for a report from the Committee on Public Property and Public Works.
Thank you, Madam President. The Committee on Public Property and Public Works reports out four bills with favorable recommendations.
To the President and Members of the Council of the City of Philadelphia: The Committee on Public Property and Public Works, to 10/25/01 STATED - COMMITTEE REPORTS which was referred Bill No. 000316, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to certain properties located in the 5th Ward; and Bill No. 010347, an ordinance approving the sale of a certain lot or piece of City-owned ground with the buildings and improvements thereon erected, if any, situated at 826-28 New Market Street, all under certain terms and conditions; and Bill No. 010494, an ordinance amending Section 9-601, entitled "Garages, Parking Lots, Sales Lots and Sales Showrooms," of the Philadelphia Code to provide for the posting of signs listing the accepted methods of payments; and Bill No. 010553, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute a quick-claim deed or such other document or documents to convey some or all of the City's interest in a certain property commonly known as 3600-3700 South 26th Street, near Penrose, to American Premier Underwriters respectfully reports it has considered the 10/25/01 STATED - COMMITTEE REPORTS same and returns the attached bills to Council with a favorable recommendation.
Madam President, I move the rules of Council be suspended so as to permit first reading this day of Bill No. 000316, 010347, 010494, and 010553.
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 00316, 010347, 010494, and 010553. All in favor will signify by saying aye. Eye Those opposed? The ayes have it and the bills just read will be placed on today's first-reading calendar.
The next order of business is consideration of the calendar, and 10/25/01 STATED - FIRST-READING CALENDAR the clerk will please read the bills on the first-reading calendar.
Bill No, 010508, an ordinance amending Section 19-1303 of the Philadelphia Code, entitled "Authorization to offer exemption from real estate taxes on new construction of residential properties," under certain terms and conditions.
And Bill No. 010541, an ordinance amending Chapter 19-2600 of the Philadelphia Code, entitled "Business Privilege Taxes," by establishing a pilot program under which a credit against business privilege taxes will be given to certain businesses that contribute monies to community development, all under certain terms and conditions.
And Bill No. 000316, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to properties bounded by Buttonwood Street, North Ninth Street, and North Tenth Street, under certain terms and conditions.
The Chair agrees 10/25/01 STATED - FIRST-READING CALENDAR
And Bill No. 010347, an ordinance approving the sale of a certain lot or piece of City-owned ground, with the building improvements situated at 826-28 New Market Street in the City of Philadelphia, under certain terms and conditions.
And Bill No. 010494, an ordinance amending Section 9-601, entitled "Garages, Parking Lots, Sales Lots and Sales Showrooms" of the Philadelphia Code to provide for the posting of signs listing accepted methods of payment of parking fees at public parking garages and public parking lot entrances, under certain terms and conditions.
And Bill No. 010553, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute a quick-claim deed, or such other document or documents, to convey some or all of the City's interest in a certain property commonly known as 3600-3700 South 26th Street, near Penrose Avenue, all under certain terms and conditions. 10/25/01 STATED - SECOND READING - BILL 010542
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 up bills on the second-reading and final-passage calendar.
Thank you, Madam President. Today Bill No.'s 010542, 010569, and 010555 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. 010542.
An ordinance authorizing transfers in appropriations for Fiscal Year 2002 from the General Fund-the Director of Finance Provision for Other Grants to the General Fund to all City offices, boards, and commissions.
This bill having been read on two different days the question now is, 10/25/01 STATED - SECOND READING - BILL 010542 shall the bill pass finally? The clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 010569.
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 or commissions.
This bill having 10/25/01 STATED - SECOND READING - BILL 010569 been read on two different days the question now is, shall the bill pass finally? The clerk will please call the roll.
Councilman Nutter? 10/25/01 STATED - SECOND READING - BILL 010569
Aye. The ayes are 17, the nays are 0. A majority of all members having voted in the affirmative, this bill passes The final bill to be called for consideration is Bill No. 010555.
An ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by amending the provisions in Section 9-618 relating to the sale of spray paint containers and indelible markers to include the sale of etching acid to be made certain 10/25/01 STATED - SECOND READING - BILL 010555 technical changes.
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.
Councilwoman Miller? 10/25/01 STATED - SECOND READING - BILL 010555
Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. That concludes our calendar for today.
Are there speeches on the part of the Minority? (No speeches on the part of the Minority.) 10/25/01 STATED - SPEECHES
Are there speeches on the part of the Majority? The Chair recognizes Councilman Ortiz.
Thank you, Madam Chair. Madam Chair, last week, I spoke about 629 -- no. (Laughter.)
I spoke about done deals. And my speech was about everything that I was hearing out in the street in terms of the process that was going on behind closed doors about the public schools of Philadelphia. And that everywhere you turn, everyone said it was a done deal. I'm naive: I really refused to believe that it was a done deal. And, lo and behold, in the early part of this week, we read the stories -- not being consulted as a legislative body who appropriates money, but we read about it in the newspapers. That it was a done deal. That people met, the Governor came in, sat down with the Mayor and other folks, and said, This is it, we're taking over, we're going to name people until umpteen years into the next governor and the next governor's 10/25/01 STATED - SPEECHES election, and the people of Philadelphia will not be consulted about this drastic change. I mean, we're taking half, half of our charter, half of our Home Rule Charter, tearing it up, throwing it in the waste paper basket, and not consulting the parents or the people of Philadelphia about this change. Not consulting, not even asking. It's going to be done, whether you like it or not, because we deem it that you cannot govern yourself. And we take it. We take it. We're docile. Well, last night, I attended a rally, a meeting at Edison High School organized by students from Strawberry Mansion, Olney High School, Edison High, Kensington. They had parents. And they said they were not going to sit idly by and see their schools being taken over. In essence, they carried signs with them that said "We Are Not For Sale." The governor, or this new guy who is holding the chair for the next few months, said that he's got to put a little bit of money in there. Well, Blondell Reynolds just talked about -- in her resolution about, the issues that constitute reform in the public schools: Smaller classrooms, a curriculum that includes the arts, music, libraries 10/25/01 STATED - SPEECHES in the schools, books and technology, computers. New schools. Because we have schools that are over a hundred years old. They didn't talk about those things. They're not talking about those things. They're not talking about reforming and supplying their resources to educate our kids. They're talking about a grab for power and governance. Nothing else. And let us not fool ourselves that the system of Philadelphia is so bad off that we can make it better by Balkanizing it and dividing it into different fiefdoms. One public school system here governed by this corporate entity, another public school system over here governed by this public entity, one over here. Accountable to no one, only thing that body that the governor is going to name, but definitely accountable -- will not be accountable to the people of Philadelphia, to the citizens of Philadelphia whose taxes will go towards funding that system. It can't be a done deal. Yogi Barra said it's not a done deal until it's a done deal. That's right. 10/25/01 STATED - SPEECHES (Laughter.)
So I say, it ain't a done deal. This body has not spoken, the citizens of Philadelphia have not spoken, the parents of Philadelphia have not spoken, and definitely the students of Philadelphia have not spoken. So whoever thinks that this change is going to occur without us rising up -- I mean rising up, organizing, because this is the one issue, this is the one issue that is most primordial and important if we're going to make this city and turn this city around. The governor wants and he's putting a line of demarkation in the sand -- well, let's walk it and cross it. They have to reform the system and fund the system. Not divide it, Balkanize it, and destroy it. And definitely not giving it up to those individuals who put forward the lowest bid. We are not up for sale to the lowest bidder. If the governor wants to reform the public schools -- Jim Kenny put forward a resolution of about $75 million, they were willing to put some money up, let him put some really money up and reform the public schools, but the public schools of 10/25/01 STATED - SPEECHES Philadelphia, not the public school system in the corporate entity of North Philadelphia or West Philadelphia or South Philly -- of Philadelphia, with one city. Madam Chair, it ain't a done deal because we haven't spoken. Thank you.
Thank you, Madam President. After the invocation this morning, I spoke to the good father for a moment and said, "I don't feel too much like being a peaceful person today. " But during the session of the Council, I think I've changed a little bit in my perspective, for today at least. You know, Governor Ridge, I thought, tried to be a kindly man. I felt sorry for him, for his clear limitations, but I was sympathetic to him. He came from a part of Pennsylvania so far away from 10/25/01 STATED - SPEECHES Philadelphia that I could understand that he knew nothing about Philadelphia. And so for many of his comments and observations, I forgave him on the ground of ignorance. Then like me, and my esteemed colleague Councilman Longstreth, he wore hearing aids openly, did not try to hide it, and I thought that was great. And so I felt very kindly toward him. And so when he left, I wished him well. And I thought Well, now we're having a new governor, somebody who comes from one of the adjoining counties of Philadelphia, a Bucks County commissioner, a rich county compared to Philadelphia, a county whose people enjoy the fruits of Philadelphia. They come to visits us constantly for our great treasures, for our museums, for our theaters, for our art, for our zoo, for all of the historical richness that exists in Philadelphia. And I said, Here is a person who surely would understand Philadelphia and would know that there are no real mysteries about education and how young people good educated. It takes two things: It takes a good home life generally and it takes a good school system, and the two are intertwined. 10/25/01 STATED - SPEECHES And he comes from a county that spends the proper amount of money for education and they get good results, and he must wonder at how Philadelphia, despite so many of its people living in poverty, he must wonder about how we produce the wonderful schools that we do that win national acclaim and win national awards year after years. And he must say to himself, By God, I've got to help the other schools in Philadelphia because they deal with poverty, with kids that have broken homes, with kids whose parents are so busy at work -- if they have two parents, generally there's one parent and that parent is so busy trying to earn a living that that parent, usually a poor woman, doesn't have time to give the proper support. And so I'm sure this man from Bucks County, who bears an honorable name, because once there was a Senator Schweiker -- unfortunately, only a fifth cousin of the Governor; were he a first cousin, maybe this governor would be more sensitive. But I thought that the Schweiker name indicated some knowledge, some sensitivity, some understanding of urban issues, but apparently, none of that was present. Maybe this governor was picked for 10/25/01 STATED - SPEECHES Lieutenant Governor through the same political basis that many other lieutenant governors are picked, because they're nice people don't know enough or are not interested enough to care too much. But it turns out that even though he came from Bucks County, he seems to be very ignorant about Philadelphia. I thought this governor was going to not take advantage of the naivety of our mayor in making the suggestion that if an agreement is not reached, the State should take over the schools. I think Mayor Street made a severe error. He judged the Commonwealth to be interested really in the school system in Philadelphia, and I think he was dead-wrong, as Governor Schweiker's actions showed yesterday. But our mayor has shown he can recover from mistakes. ) COUNCILMAN COHEN -- which shows the Mayor can learn from his mistakes and correct them. And I hope this mayor again learns and again corrects a mistake and decides this time that 10/25/01 STATED - SPEECHES there will be no willingness to turn over the school system to Harrisburg, that it's got to remain part and parcel of Philadelphia.
It's outrageous to think that the Board of Education, which has been the bedrock of Philadelphia educational history for so many years, is suddenly going to disappear, that people are not going to have anybody from Philadelphia to talk to when they have problems about schools. Even though the Board of Education sometimes did not listen to the people, at least we could keep banging them, they were our people. But instead, the Governor apparently plans to appoint State people having no contact with Philadelphia to run the school system. I'm hoping the Mayor, as I said before, changes his view, but if not, heed the words that Councilman Ortiz said: Philadelphians will not lightly surrender their right to control their schools. And I can tell you, when Councilman Ortiz goes out on the streets of Philadelphia, if such an effort is made by the Governor to take the school system away from Philadelphia, Councilman Ortiz will not be alone. My steps maybe a little rickety from 10/25/01 STATED - SPEECHES time to time, but I'm going to tell you, Philadelphia is not going to permit anybody to take away the right of Philadelphia to make its determinations about the school system. And, yes, in addition, it's time we understand that the school system does not stand apart from every other aspect. We've got to understand that poverty, low wages, bad housing discrimination, all of that is part and parcel of the educational problem that we have in Philadelphia. And if necessary, Madam President, it may be that some of us are going to be thinking of not merely as a city, as part of the Commonwealth of Pennsylvania. But like our brothers and sisters in Puerto Rico, we may be fighting for Philadelphia separately for statehood. Thank you. Thank you, Madam President. )
Thank you, Madam President. Madam President, what I find very sad is 10/25/01 STATED - SPEECHES the way government is operating in Harrisburg. In the past, when legislation was offered, there was an opportunity for the public to have input, have its say. And what is very painful for us is that legislation is passed, passed in the dead of night, passed in one day, and the public doesn't have an opportunity to comment. It seems to me that our elected officials are elected by the people to represent the people and their views. Certainly, we understand that the public is not in favor of the notion of the State takeover or privatization, but no one is paying attention to what the public is saying. They're just, you know, taking action on their own, without input from the parents. Our effort here to engage the public in the debate was (indiscernible), which I think was a serious mistake. So therefore, Angel, I do believe it's a done deal. And the uprising is probably going to be too late. But it is a sad day when the elected officials, particularly those from Philadelphia who failed to listen to their constituents on an issue that is so important, and they hear no, a loud no, 10/25/01 STATED - SPEECHES but they're voting something different, yes, to legislation that's not supported by the public. Thank you.
Thank you The Chair recognizes Councilman Nutter.
Thank you, Madam Chair. I'll be very brief. I just want to point out to my colleagues that we have witnessed today, and you should mark this day as a day in which we have all had the opportunity to see oratorical Houdiniism at its finest. And I want to commend Councilman Cohen. I continue to learn from him as the days and weeks go by the ability to interweave two totally and distinctly different topics into the same speech. (Laughter.)
My hat is off to you Councilman. I have deep appreciation for your oratorical skills. Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I also will be brief. 10/25/01 STATED - SPEECHES But I know for the past couple of days, I've been home with my daughter, dealing with some illness and whatnot and reading the paper and just talking to people on the phone about the actions of the Pennsylvania House of Reps and the Pennsylvania Senate as it relates to the amendments to Act 46 and the potential, the strong potential, for implementation of those amendments and a total takeover of the Philadelphia school system. As the parent of a public school child and as an aunt and friend and a family member of a lot of public school children, I certainly am somewhat very appalled that there was no opportunity for public input. And I don't even know whether they really cared whether we had input or not or what our opinion was. But I'm sure this morning, when we were presenting the citation resolution to the William Penn group, to the Friends of William Penn, when he would wrote that charter 300 years ago and put together the educational plan for Pennsylvania, I'm sure that that plan did not say that public opinion, public -- the lack of public opinion or public comments, as it relates to a public institution such 10/25/01 STATED - SPEECHES as the school system, was something that any of our legislators would not desire. So I, too, will figure out as a parent first and as an elected official second what type of action I personally want to take and help to organize and make sure that the people do have a voice and that the issue of accountability is one that will absolutely be considered if there is a takeover of the Philadelphia public school system. Thank you.
Thank you At this time, the Chair recognizes Councilman Ortiz.
Thank you, Madam Chair. I left out one thing. It is incredible that through this process, the members of the School Board, the people most intimately related to the public school system, were kept in the dark about what was going on. And from what I read in the newspapers, they were not even consulted, they were not even interviewed. And I think Christine James-brown said that the time for being polite is over. I think it might be a done deal, it could 10/25/01 STATED - SPEECHES be a done deal but, goodness gracious, I don't want to use one of the words some of my other individuals used, we can't go down without a struggle. This cannot end without a fight. We cannot just turn over the system of education. We might as well turn over the government of Philadelphia, we might as well turn over this City Council, this mayor because they will be running and controlling all of the different institutions that we have. And if it's a done deal, when does it end and when do we say "enough." And when do we stand up to Harrisburg and say, "You are responsible for the public schools of this Commonwealth, public schools of this Commonwealth." The time for politeness, as Christine James-Brown said, is over. So it may be a done deal, but it's only a done deal if we accept it without a struggle. I think if the people of Philadelphia come up, and we with them, we with them, I don't think it's a done deal. Thank you, Madam.
Thank you. Are there any other speeches on the part 10/25/01 STATED - ADJOURNMENT of the majority? (No further speeches.)
Seeing none, the Chair recognizes Councilwoman Tasco
Thank you, Madam President. I move that Council stand adjourned until Thursday, November the 1st, 2001, 10 a.m.
It has been moved and properly seconded that Council stand adjourned until Thursday, November 1, 2001 at 10 a.m. All those in favor will signify by saying aye. Those opposed? the ayes have it and the motion carries Thank you. (Proceedings end at 11:20 a.m..) CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, October 25, 2001, are contained fully and accurately in the stenographic notes taken by me upon, and that this is a true and correct transcript of same. RE: STATED MEETING _______________________________, Josephine Cardillo Registered Professional Reporter and Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)