COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, November 13, 1997 11:15 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 JOAN L. KRAJEWSKI COUNCILWOMAN MARIAN B. TASCO COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN DAVID COHEN COUNCILWOMš˜ 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. 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 Reverend Daniel Sullivan of the Holy Innocents Church. He is here today as the guest of Councilman Mariano. Members and guests will please rise. REV. DANIEL SULLIVAN: Let us pray. Heavenly Father, we thank you for this opportunity that we have to gather in your name. We thank you for all the blessings that you have shared with us, individually and collectively as citizens of this great nation, Commonwealth, and City of Philadelphia. We thank you as we also acknowledge the responsibility that you have given us, responsibility to act justly when it comes to the treatment of our sisters and brothers, the responsibility to recognize in every Philadelphian INVOCATION the dignity of the precious gift of life that you have given them. In this, the cradle of liberty, may these men and women, the leaders of your people, strive always and in every way to make the rich blessings of this land available to all of your children, without regard to differences of any kind. Guide these leaders in their decision-making. Let their words and deeds reflect always the mind and heart of you, the source of all authority and goodness itself. Bless them for their willingness to serve your people, protect them from harm, grant them and all of us the gift of living forever in your peace. Amen.
The Chair thanks Reverend Sullivan for his inspiring invocation. (Council members greets Reverend Sullivan.)
The next order of business is the approval of the Journal of the meeting of Thursday, October 30, 1997. APPROVAL OF JOURNAL/LEAVES OF ABSENCE The Chair recognizes Councilwoman Clark.
Mr. President, I move the acceptance of the Journal of October 30, 1997. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it, and the Journal of the meeting of Thursday, October 30, 1997, stands approved. The next order of business is Leaves of Absence. The Chair recognizes Councilwoman Verna.
Mr. President, on behalf of the majority there are no requests for leave of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Longstreth.
WELCOME VISITORS Mr. President, I have no requests for leave of absence from the minority.
The Chair thanks Councilman Longstreth. At this time we will dispense with our regular order of business to recognize visitors. To all of our visitors and guests with us this morning, we welcome you here and applaud your interests in the civic affairs of our city and certainly invite you to come again. At this time the Chair recognizes Councilwoman Krajewski for the purpose of recognizing visitors and guests.
Thank you, Mr. President. I am pleased to welcome here today a group of 4th grade students from the Forrest Elementary School. They are joined by their teachers, Lois Bell, Linda Cafe, and classroom mate Doreen Shilling. (Applause.)
Will this group please stand. (Members of class stand.) WELCOME VISITORS
Thank you very much for being with us. At this time the Chair recognizes Councilwoman Miller.
Thank you, Mr. President. I am pleased to announce a visiting group from the 8th district, AMY Northwest School of Humanities. The entire 6th grade class, they are seated on both sides of the balcony. And they are studying city government, how it is made up and how it works. They are accompanied by teachers Kristen O'Neill, Katie Miles, Lawrence Kaplan, Renee Robinson, Cecilia Victory, Dottie Birmgardener. And we welcome them. (Applause.)
We thank you all for being with us. Our first presentation today honors the 76th Coastal Artillery Anti-Aircraft Unit. To make this presentation, the Chair appoints Councilman Nutter. The Chair invites PRESENTATIONS Mr. James Arthur Grant, Sr., and those with him, to come and receive this resolution.
Thank you, Mr. President. This is a Resolution honoring and commending the members of the 76th Coastal Artillery Anti-Aircraft Unit for their dedication and service to our country. Whereas, the 76th Coastal Artillery Anti-Aircraft unit was formed on August 19, 1940, in West Fairmount Park; And whereas, the original members of this unit were volunteer enlistees; And whereas, this was the first unit of its kind for African-American servicemen; And whereas, this unit received training at Fort Brag, North Carolina, for 16 months, and then returned to Philadelphia to protect and serve the residents of this city from December 9, 1941, until June of 1942; And whereas, from June 1942 until August 1945, the unit was sent abroad to defend our country during World War II and was stationed at various islands in the Pacific; PRESENTATIONS And whereas, the members of this unit are preparing to celebrate their 60th Anniversary in the Year 2000; And whereas, this unit has never received any official recognition by the City of Philadelphia for their service to our citizens and our country. Now therefore resolved by the Council of the City of Philadelphia that we hearby honor and commend the members of the 76th Coastal Artillery Anti-Aircraft Unit for their dedication and service to our country. Further resolve that an engrossed copy of this Resolution be presented to Mr. James Arthur Grant, Sr., on behalf of the members of the 76th Coastal Artillery Anti-Aircraft Unit as a symbol of this legislative body's gratitude. Signed by Council President Street, sponsored by all Council members, and introduced by myself as Councilman for the 4th District. (Applause.)
The Chair recognizes Mr. Grant for remarks. MR. JAMES A. GRANT, SR.: May I say PRESENTATIONS thank you to all of Philadelphia, to the Council, mostly to the Mayor, who recognized my letter and sent it on to Michael Roper. And Michael carried it on to Michael Nutter, my Councilman. And here we are today. I am grateful to everybody. But one thing I can say, all of this won't shelter the hurt that I received while I was in Service. I tried to serve my country the best that I could, but I was hurt. And even the Congressional Medal of Honor, I don't think, would wipe away the tears that I received while I was in the Pacific. But I do thank everybody. I trudged along through those lonely years until this day. And I thank all of you for this much honor that I have received this morning. And I hope if any of the rest of the Unit is here, would they please stand. It is such a shock to me. We came back from the Pacific in 1945, and we formed an organization called the 76th Anti-Aircraft Veteran Unit. We served until most of the fellows started dying out, and we closed it out. PRESENTATIONS And after so many of the fellows was dying, I thought I'd write to the Mayor and ask him if he would recognize this Unit before we all die. I was asking for our 60th Anniversary in 2000. But he said, "No, we'll do something about it before then." Which was all right with me. And here we are. And I thank you very much. (Applause.)
Our second presentation commends TEACH, the Tobacco-Free Education and Action Coalition for Health. To make this presentation, the Chair appoints Councilwoman Fernandez. The Chair invites Ms. Ruth Ever and those with her to come and receive this resolution. And I also understand there are some representatives of the Department of L & I, including its illustrious Commissioner, who are here. We would like them to come forward at this time. PRESENTATIONS
Good morning. This is a Resolution commending the Tobacco-Free Education and Action Coalition for Health, also known as TEACH, for their efforts in reducing the illegal sale of tobacco products to minors in the City of Philadelphia. And we are also recognizing their very effective partnership with the Department of License & Inspections to dramatically reduce the numbers of incidences where minors in our city are being illegally sold tobacco products. Whereas, since 1994, TEACH has diligently worked to raise the awareness of the ease in which a minor could purchase tobacco products in the City of Philadelphia, even though a state law prohibited merchants from selling tobacco to minors; And whereas, through underaged buying surveys done by the young people with us here today in TEACH, TEACH was able to demonstrate that Philadelphia had the worst illegal tobacco rate of sale to minors. It was as high as 85 percent in the five-county area. Excuse me, it was 85 percent here in the city, and it was the highest in the five-county area. PRESENTATIONS And this translated into a serious public health issue for our city's children, and eventually led to the passage of a City Council Ordinance in 1995 which placed stricter restrictions on the sale of tobacco products to minors. Whereas in 1996, TEACH conducted a massive merchant and public-education campaign and, in cooperation with the Department of License & Inspections, developed a highly effective enforcement strategy designed to combat illegal sales of tobacco to children. And whereas in May 1997, TEACH established a toll-free tobacco hotline, which is 1-888-99-SMOKE, to be used to report merchants who illegally sell tobacco products to minors. And, to date, over 800 calls have been received and acted upon. And whereas, the Department of License & Inspections, under the leadership of Commissioner Fran Egan, began enforcing the provisions of the Youth's Access To Tobacco Law in earnest, which led to a phenomenal decrease in the Philadelphia illegal tobacco sales rate to minors. And it went from 85 percent to as low as 27 percent PRESENTATIONS in many of our neighborhoods. And whereas, TEACH and the Department of License & Inspections has formed a unique partnership designed to positively affect the health and welfare of our city's children, and have embarked on a mission to achieve zero tolerance of merchants who illegally sell tobacco products to our city's children. Now, therefore, resolved by the Council of the City of Philadelphia, that we hearby commend TEACH for their pioneering efforts to reduce the illegal sales rate of tobacco products to minors in the City of Philadelphia. Further resolve that an engrossed copy of this resolution be presented to Ruth Ever, the Coordinator of TEACH, as evidence of this legislative body's sincere appreciation of TEACH's commitment to improve public health in the City of Philadelphia. This is certified by the President of City Council, John Street; introduced by Councilwoman Happy Fernandez; and co-sponsored by all members of City Council. So, Ruth Ever, congratulations. And PRESENTATIONS thank you for your good work. (Applause.)
Thank you. I would like to thank City Council for recognizing the importance of this issue and passing the Youth Access To Tobacco Ordinance a few years ago. In particular, I would like to thank Councilwoman Happy Fernandez for her commitment to this issue and her willingness to really follow through on this over the years that it has taken to get this ordinance passed and now enforced. And I am accepting this today on behalf of all of the TEACH staff and volunteers and members and youth that are here. And I would like to quickly introduce them. Sterlin Barr, Bob Grose, Rachael Melinbach, and Mary Tracey from the Health Promotion Council in TEACH; and the Chair of TEACH, Jeffrey Barg. And then our youth. The youth here today are Joe Haggerty, Charles Zuell, Antoinette Wish, and Michael Horton. And I appreciate all the work that PRESENTATIONS everyone has been doing. This has been a remarkable collaboration between TEACH, the community, and L & I, and the policy-makers here in making this a remarkable campaign. Our coordinated efforts, along with the hundreds of calls that we have gotten from community people who have reported stores into our hotline, has truly brought the rates down in a dramatic way, as Councilwoman Fernandez read to you. Unfortunately, we still have a ways to go, as evidenced by a story I have just learned about about a clerk from a 7-Eleven in the Northeast who just got fired for refusing to sell to a customer who did not have proper photo ID in the store. Instead of applauding this worker for knowing the law and trying to uphold it, the store manager apparently turned to the customer, sold to her, and then proceeded to curse out this worker and throw her out of the store. And she is now unable to collect Unemployment benefits. So we have a responsibility to help PRESENTATIONS this woman. We have a responsibility to help these businesses and corporations overcome their ignorance and greed. And, ultimately, our goal, of course, is to stop young people from starting to smoke, and helping them quit if they already have. And I think we are definitely moving in that direction. Thank you very much. (Applause.)
Commissioner Egan. COMMISSIONER FRAN EGAN: Thank you, Council President Street, Councilwoman Fernandez, and all Council members here. I can tell you it is a sincere, deep, and incredible pleasure to be a part of an occasion where L & I is being lauded for some of its good work. So I really do appreciate being here today. (Applause.) COMMISSIONER EGAN: And while we are very pleased with our partnership with TEACH, I have to tell you, on the L & I side, I cannot take any personal credit for the success of this program. It is under the leadership of Deputy PRESENTATIONS Commissioner Ed McLaughlin, on loan to us from the Police Department, I hope for a somewhat longer period of time, and the Director of Business Regulatory Enforcement, Rudy Polliaga. And, most importantly, Gerald Richards, who is the Supervisor of the Business Enforcement Division. He is the person, and his staff, that makes this really work, and are really the field people out on the streets of Philadelphia enforcing this law that City Council passed and making those statistics drop. And Gerald Richards is out sick today, which is a rare, rare occasion for Gerald. And I want to acknowledge him today, too. And also to thank John Campbell for his continued liaison with the Department and Council on important legislation like this. So thank you, TEACH, thank you City Council. And we are glad it was a success. (Applause.)
Council will stand at ease. (Council stands at ease.) COMMUNICATIONS
Councilwoman Verna please approach the Chair. (Councilwoman Verna assumes the Chair.)
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.
To the President and members of the Council of the City of Philadelphia. I am pleased to advise you that I have signed on November the 4th, 1997, the following: Bill, 970564; And a Resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of Grays Ferry Urban Renewal area. And a Resolution approving the redevelopment contract and disposition supplement of COMMUNICATIONS the Redevelopment Authority of the City of Philadelphia for a renewal of the portion of West Philadelphia Redevelopment area and Haddington Urban Renewal area; A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for redevelopment and urban renewal of a portion of the West Mill Creek Urban Renewal area; 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 Center City Redevelopment area; And an Ordinance amending Title 9 of the Philadelphia Code entitled "Regulation of Businesses, Trades, and Professions," by adding a new chapter entitled "Agents," requiring any person who represents or acts on behalf of another person in any matter before the Department of License & Inspections, the Board of Building Standards, the Board License & Inspections Review, the Zoning Board of Adjustment, the Board of Safety and Fire Prevention, or the Accessibility Advisory Board to COMMUNICATIONS obtain a license in setting forth standards for the issuance of such licenses, requiring such persons to complete Entry of Appearance forms prior to any act or representation, prohibiting certain conduct by such agents, and providing penalties for violation, all under certain terms and conditions; And an Ordinance approving the Fiscal Year 1998 Capital Budget and the forecasts for Fiscal Years 1999 through 2003, providing for expenditures for the capital purposes of the Philadelphia Gas Works, including the supplying of funds to be obtained in connection therewith so as to provide for the normal additions and replacements which occur annually in the Gas Works; And an Ordinance authorizing transfers in appropriations for Fiscal Year 1997 from the General Fund of certain or all city offices, departments, boards, and commissions, and from the Grants Revenue Fund, Director of Finance, provision for other grants to the General Fund of certain or all city offices, departments, boards, and commissions; And an Ordinance authorizing transfers in appropriations for Fiscal Year 1997 COMMUNICATIONS within the Aviation Fund from certain or all city offices, departments, boards, and commissions, to certain or all city offices, departments, boards, and commissions; And an Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the General Fund from certain or all city offices, departments, boards, and commissions, to certain or all city offices, departments, boards, and commissions; And an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No.
55 by striking from the city plan and vacating illegally opened portions of Adams Avenue, from Pierce Street to Aramingo Avenue, Ashland Street from Tulip Street to Aramingo Avenue, and Tulip Street from Adams Avenue to Ashland Street; And an Ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development, without consideration, a deed conveying fee simple title to a certain tract of city-owned land, with the building and improvements thereon INTRODUCTION OF BILLS AND RESOLUTIONS situated on the Northeast side of 70th Street, South of Lindbergh Boulevard, under and subject to the terms and conditions of the Philadelphia Industrial and Commercial Development Agreement between the City, PAID, and the Philadelphia Industrial Development Corporation.
The messages will be printed in the Journal. The Chief Clerk will read any other Communications in her possession.
I thank you. The Chair recognizes Councilwoman Clark for the purpose of making a motion regarding resolutions.
Madam Chair, I move that all resolutions be considered immediately after they are introduced.
All those in favor will signify by saying aye. The motion is so carried. The Chair recognizes Councilwoman Clark for the purpose of introducing any bills or INTRODUCTION OF BILLS AND RESOLUTIONS resolutions in her possession.
Madam Chair, today I have one resolution on behalf of myself and President John Street, for which I ask immediate consideration.
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 Center City Redevelopment area designated as parcel 1A electrical room, Parcel 1B mechanical and trash rooms, Parcel 1C SRO storage room, Parcel 1D lobby and offices, Parcel 1E storage and trash rooms, and Parcel 1F Floors 4 through 7, and identified as certain area rights portions within 2025 through 2029 Chestnut Street, and authorizing the Redevelopment Authority to execute the redevelopment contract and lease with Mid-City Residential Associates, LP, and to take such action as may be necessary to effectuate the redevelopment contract lease and disposition supplement.
The Chair INTRODUCTION OF BILLS AND RESOLUTIONS recognizes Councilwoman Clark.
Move the adoption of the resolution. (Duly seconded.)
All those in favor let it be known by saying aye. All opposed. The ayes have it. The motion has been carried. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam Chair. I have one resolution sponsored by Councilman Nutter and myself.
A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia, which includes in aralia the redevelopment and urban renewal of a portion of the West Philadelphia Redevelopment area identified by respective house numbers and street addresses as 5231 and 6104 Cedar Avenue, 6141 and 6145 Delancey INTRODUCTION OF BILLS AND RESOLUTIONS Street, 5005, 5007, 5009, and 5136 Hazel Avenue, and 5522, 5530, 5539, 5543 Ludlow Street, 5848 and 5849 Norfolk Street, 5711, 5746, 5756, 5853 and 5865 Osage Avenue, 5538 and 5554 Pemberton Street, 6103 and 6150 Walnut Street, 4929 Walton Street, 5830 and 5835 Webster Street, 138 South 50th Street, 1246 and 1448 North 57th Street, and 1532 North 59th Street; and a portion of the Haddington Urban Renewal area, Unit No. 3, identified by respective house number and street address as 220, 227, and 243 North Hobart Street, authorizing the Redevelopment Authority to execute the redevelopment contract with Neighborhood Restoration, LP, VII, and to take action as may be necessary to effectuate the redevelopment contract and disposition supplement.
All those in favor will signify by saying aye. Those opposed. The ayes have it. The motion is carried. INTRODUCTION OF BILLS AND RESOLUTIONS The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
The Chief Clerk will please read the titles of the bills.
An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the General Fund from certain or all city offices, departments, boards, and commissions, to certain or all city offices, departments, boards and commissions; And an Ordinance authorizing transfers in appropriations for Fiscal Year 1997 from the General Fund from certain or all city offices, departments, departments, boards, and commissions, and from the Grants Revenue Fund, Director of Finance, provision for other grants, to INTRODUCTION OF BILLS AND RESOLUTIONS the General Fund, certain or all city offices, departments, boards, and commissions; And an Ordinance authorizing transfers in appropriations for Fiscal Year 1997 within the Aviation Fund from certain or all city offices, departments, boards, and commissions, to certain or all city offices, departments, boards, and commissions.
The bills will be referred to the appropriate committees. The Chair recognizes Councilman Kenney.
The chief clerk will please read the titles of the bills.
An Ordinance amending Section 12-2900 of the Philadelphia Code entitled "Contractor Parking," by amending the provisions relating to contractor parking permits, including providing for a new parking permit for licensed real estate agents under certain terms and conditions. And an Ordinance amending Title 9 of the Philadelphia Code entitled "Regulation of INTRODUCTION OF BILLS AND RESOLUTIONS Businesses, Trades, and Professions," by adding a new chapter entitled "Agents," requiring any person who represents or acts on behalf of another person in any matter before the Department of License & Inspections, the Board of Building Standards, the Board of License & Inspections Review, the Zoning Board of Adjustment, the Board of Safety and Fire Prevention, or the Accessibility Advisory Board to obtain a license, and setting forth standards for the issuance of such licenses requiring such persons to complete Entry of Appearance forms prior to any act of representation, prohibiting certain conduct by such agents, and providing penalties for violations, all under certain terms and conditions.
The bills will be referred to the appropriate committees. The Chair recognizes Councilwoman Miller.
Thank you, Madam Chair. I have no bills or resolutions today.
The Chair thanks the lady. The Chair recognizes Councilman Nutter. INTRODUCTION OF BILLS AND RESOLUTIONS
Thank you. The Chair recognizes Councilwoman Fernandez.
Thank you, Madam Chair. I have one ordinance and one nonprivileged resolution.
An Ordinance amending Chapter 12-800 of the Philadelphia Code entitled "Bicycle Regulations and Penalties," by amending Section 12-808 entitled "Riding on Sidewalks," to increase the penalty for violation of this section.
The bill will be referred to the appropriate committee. The Chief Clerk will please read the resolution.
A resolution calling on the Transportation and Public Utilities Committee to hold public hearings to examine the Streets Department's procedures for recording reports of missing or damaged traffic control devices and the INTRODUCTION OF BILLS AND RESOLUTIONS department's policies for replacing and repairing problematic traffic control devices. (President Street resumes the Chair.)
Mr. President, 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 Verna.
Thank you, Mr. President. I offer one bill and two resolutions.
An Ordinance approving the Fiscal Year 1998 Capital Budget and the forecasts for Fiscal Years 1999 through 2003, providing for expenditures for the capital purposes INTRODUCTION OF BILLS AND RESOLUTIONS of the Philadelphia Gas Works, including the supplying of funds to be obtained in connection therewith so as to provide for the normal additions and replacements which occur annually in the Gas Works.
This bill will be referred to the appropriate committee. The clerk will please read the title of the first resolution introduced by Councilwoman Verna.
A Resolution approving the redevelopment contract for the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Grays Ferry Urban Renewal area identified by house number and street address as 3040 Wharton Street, and authorizing the Redevelopment Authority to execute the redevelopment contract with Sonia M. Carter, and to take such action as may be necessary to effectuate the redevelopment contract.
I move the adoption of the resolution. INTRODUCTION OF BILLS AND 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 second resolution introduced by Councilwoman Verna.
A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, a deed for a property situated in the 36th Ward of the City of Philadelphia.
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 INTRODUCTION OF BILLS AND RESOLUTIONS Tasco.
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 four bills.
An Ordinance granting permission to Sunguard Recovery Services, Inc., 401 North Broad Street, Philadelphia, Pennsylvania, 19108, to construct, use, and maintain a concrete conduit bank, housing electrical cables, under and across 13th Street, north of Callowhill Street, all under certain terms and conditions. INTRODUCTION OF BILLS AND RESOLUTIONS 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 Washington Avenue both sides, from the east side of Broad Street to Columbus Boulevard, 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 Carpenter 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 Christian Street both sides, from the east side of Broad Street to INTRODUCTION OF BILLS AND RESOLUTIONS Columbus Boulevard, under certain terms and conditions.
These bills will be referred to the appropriate committees. The Chair recognizes Councilman O'Neill.
The Chair thanks the Councilman. The Chair recognizes Councilman Mariano.
An Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 55 by striking from the City Plan and vacating illegally opened portions of Pierce Street, extending from Adams Avenue eastwardly, to Church Street, under certain terms and conditions.
This bill will be INTRODUCTION OF BILLS AND RESOLUTIONS referred to the appropriate committee. The clerk will please read the title of the resolution introduced by Councilman Mariano.
A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for properties situate in the 7th, 18th, 19th, and 23rd Wards of the City of Philadelphia.
Mr. President, I move for the adoption of this resolution. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The resolution is adopted. The Chair recognizes Councilman Longstreth.
Mr. President, I have no bills or resolutions today.
The Chair thanks INTRODUCTION OF BILLS AND RESOLUTIONS the Councilman. The Chair recognizes Councilman Rizzo.
The clerk will please read the titles of the resolutions.
A Resolution calling on the Council Committee on License & Inspections to conduct hearings to investigate the events surrounding the recent Metallica concert; specifically, how a large-scale, outdoor event occurred, despite possible violations of the Zoning Code and untimely notice to Council representatives and surrounding communities, and to further investigate what measures should be taken to avoid such situations in the future.
This resolution will be referred to the appropriate committee at the request of the sponsor. The clerk will please read the title of the second resolution introduced by Councilman Rizzo.
A Resolution CONSIDERATION FIRST READING CALENDAR recognizing Wally Kennedy and the crew of A.M. Live for 13 years of quality morning programming in the Philadelphia region.
I move that this resolution be adopted. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The resolution is adopted. The next order of business is the Consideration of the Calendar. The Chief Clerk will read the bills on the first reading calendar.
Bill 970275, 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 plan, estimated costs, and proposed method of assessment and charges for and concerning business improvements and administrative CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR services to the South Street Headhouse area of the City of Philadelphia.
The Chair agrees. The bill read by the Chief Clerk will be placed on the second and final reading passage calendar for our next meeting. Council will now consider bills on the second and final reading passage calendar. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. Bills No. 970270, 970361, 970456, and 970545 are being called for consideration. All other bills on the second reading and final passage calendar are being held.
The Chair thanks the Councilwoman. The first bill for consideration will be Bill 970270. The clerk will please read the title of the bill.
An Ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR 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, situate 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.
This bill having been read on two different dates, the question now is shall the bill pass finally. The clerk will call a roll.
Councilwoman Fernandez. CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR
Council President CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR Street.
Aye. The ayes are 17, the nays are zero. A majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration will be Bill No. 970361. The clerk will please read the title of the bill.
An Ordinance authorizing the Commissioner of Public Property, on behalf the City of Philadelphia, to purchase fee simple title to a parcel of real estate, with any improvements situate thereon, located at 907 Hamilton Street, also known as 444-474 Percy Street, in the 5th Ward, under certain terms and conditions.
This bill having been considered on two different dates, the question now is shall the bill pass finally. The clerk will call a roll.
Councilwoman Clark. CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR
Councilman Rizzo. CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR
Aye. The ayes with 17, the nays are zero. A majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration will be Bill No. 970456. The clerk will please read the title of the bill.
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, wherein the City leased 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 CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR feet of land located between Piers 25 and 27 North.
This bill having been read on two different days, the question now is will the bill pass finally. The clerk will call a roll.
Councilwoman Miller. CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR
Aye. The ayes are 17, the nays are zero. A majority of all Council having voted in the affirmative, the bill passes. The next bill for consideration will be Bill No. 970545. The clerk will please read the title of the bill.
An Ordinance authorizing the Commissioner of Public Property, on CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR behalf 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.
This bill having been read on two different dates, the question now is shall the bill pass finally. The clerk will call a roll.
Aye. CONSIDERATION SECOND AND FINAL PASSAGE CALENDAR
Aye. The ayes are 17, the nays are zero. A majority of all members of Council having voted in the affirmative, the bill passes. CONSIDERATION OF RESOLUTION 970657 This concludes our consideration of the calendar. Are there any speeches on the part of members of the minority? Are there any speeches on the part of members of the majority? At this time Council will consider Resolution No. 970657, previously introduced by Councilwoman Verna on my behalf. This is a resolution that we discussed that relates to the Franklin Plaza Tax Increment Financing District. The clerk will please read the title of the resolution.
A Resolution agreeing to participate in the Franklin Plaza Tax Increment Financing District, if it should be created by the Council of the City of Philadelphia, in accordance with the Tax Increment Financing Act of July 11, 1990, PL 465, No. 113, as amended, in the Center City Redevelopment area, in an area generally bounded by Vine Street on the north, 16th Street on the east, a recorded driveway easement extending westwardly from a point of the west side of North CONSIDERATION OF RESOLUTION 970657 16th Street, 119 feet, 11 inches, south of Vine Street, to a point on the east side of North 17th Street, 132 feet, 8 inches, south of Vine Street on the south, and 17th Street on the west; and designating the Mayor, or his designee, as the City's representative for purposes of meeting with the Philadelphia Authority for Industrial Development pursuant to Section 5(a)(2) of the Tax Increment Financing Act.
Thank you, Mr. President. I will be brief. Mr. President, I have shared with the Mayor and with Mr. Bill Hankowsky of PIDC an expression of concern about this particular transaction. In no way, shape, or form do I have any particular problem with the SmithKlein Company. And, to the best of my knowledge, they have been a good corporate citizen, and certainly an international entity. But I have raised a number of questions prior to the introduction of this CONSIDERATION OF RESOLUTION 970657 resolution, and sent those concerns to Mr. Hankowsky at PIDC on October 2 of 1997. Since that time, I have had one conversation with him where some information was shared. But none of the requests for information have been put into writing and those questions, for my purposes, at least, appropriately addressed. We have now had two Council briefings on this matter. And we are still -- or I am still, at least -- left with a lack of information. There is a public hearing coming up on this matter. And I understand that this resolution is more of a procedural resolution than anything else. I will reluctantly vote for the resolution because I understand that without the resolution, we cannot, in the proper order, have a public hearing. And I will raise the issues that I have raised before. But I would ask, Mr. President, that you also ensure that the responses are forthcoming and that they come at a decent time prior to the public hearing next week. There are a lot of questions, they CONSIDERATION OF RESOLUTION 970657 have not been answered. It is unacceptable, under the circumstances, that I, and others, will be asked to vote on this without the appropriate level of information. Thank you, Mr. President.
The Chair thanks the Councilman. The Chair recognizes Councilman Cohen.
Mr. President, I would voice additional concerns about passage of the resolution. And as I read the Whereas in the resolution, it appears to me that the resolution merely needs to be adopted prior to the ordinance, and the ordinance has to go through a certain procedure. And I think it is quite clear that there will be ample time for the passage of the resolution before the ordinance. But I am concerned. The main issue I am concerned with, is, where is tax increment financing leading to? I am concerned about indicating that CONSIDERATION OF RESOLUTION 970657 we have so much revenue coming in, that we can easily dispense with additional revenue that would come from improvements. I recognize the positive features that may make it possible for companies to engage in expansion or even to come into the city. But I think each proposal has to be examined very carefully to make sure that we're just not being used by companies to make it just cheaper for them to come in. SmithKline has an excellent reputation as a company. But I think that this is one in a series that we are being presented with. And I would like to understand from the Administration what their perspective is. How often are we going to be faced with this proposal? To what extent does this become an automatic part of economic development, so that every company coming in, whether it needs this assistance or not, will ask for it? So for those reasons, I would be prepared to go along with Councilman Nutter, even vote for this today. I would prefer if we did not vote for CONSIDERATION OF RESOLUTION 970657 this until we heard more from the Administration as to how it intends to use the TIF in its future economic development plans.
I am informed that this resolution has to be adopted prior to the time when we have the public hearing on the underlying legislation. All these concerns that you have are concerns that can and will be addressed. Information that has been requested should be delivered to any Council member in a fair and reasonable time frame. If we do not pass this resolution today, and if there is a public hearing scheduled on the underlying bills associated with this development, we would run the risk of having to redo this thing the way it had to be redone in the past. Now, in the past, the City Solicitor failed to properly assess the technicality involved in all of this. The Law Department and our staff now know what we have to do. It has been recommended to us that we pass this resolution today, so that we avoid a potential problem. CONSIDERATION OF RESOLUTION 970657 If we do not pass it today, and if the public hearing is scheduled for the 18th -- am I to understand the 18th? -- there isn't another Council session before the 18th. We could run into a problem. We don't want to have a problem. Anything that you think about any of this, you can say. Because the substance of all of this is listed for a public hearing. What we're trying to do today, at the request of our lawyers and the Law Department and the Administration, is just take an act which is really a procedural thing. It really doesn't have any real impact on the substance of what we are doing. I can appreciate Council member frustration. I experienced a level of frustration myself today on another very important economic development project of this city. I did that not on just my behalf; on your behalf as members of Council. But I really believe that we ought to follow the advice of those people who are watching this process for us procedurally. All they are doing is trying to keep us out of procedural CONSIDERATION OF RESOLUTION 970657 trouble. And I don't really want to get into the substance of all of this, because this really isn't about the substance. This is only about the procedure that we do and what the state law requires if we are going to properly implement a TIF in accordance with state laws. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. This is a question on the process. It is my understanding from your talk today that the hearing scheduled for the ordinance is November 18 at 9 o'clock, Committee of the Whole. Is that true?
I would make a sincere request, due to the fact that we have previously had it scheduled at 10:00 a.m., a joint committee on the Section 8, we have a large number of people coming in, both government officials and community people. CONSIDERATION OF RESOLUTION 970657 And if we could start at 9 o'clock with the Committee on the Whole, it would be very much appreciated.
Councilman, I am sympathetic. You know I am. We will start as soon as we have a quorum.
This is a very reasonable plea for a quorum at 9 o'clock.
If we do not have a quorum at 9 o'clock, and we end up having to run into other scheduled activities, what we will end up doing is recessing it and putting it off. Now, it won't slow it down. We will do it within the time that has been allotted, but we just won't do it on that day. And that could inconvenience some people.
Mr. President, in view of the explanation you have given, and reserving the right to oppose, if necessary, the CONSIDERATION OF RESOLUTION 970657 ordinance at the time it comes up, I will withdraw my request for any delay in action on this resolution.
We certainly appreciate it. But we always know that you are willing to cooperate with us in these procedural matters. And we know you are not giving up anything, no arguments. We thank you. Is there anyone else that has any concern about this resolution and its effect on the proposed tax increment financing district? All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. Are there any speeches on the part of members of the minority? Are there any speeches on the part of members of the majority? The Chair recognizes Councilwoman SPEECHES Fernandez, and then Councilman DiCicco.
Mr. President, sometimes there is good news reported. And I think there was some good news reported about a week ago, where the Health Commissioner and some people from the state and child advocates noted that there will be some additional federal dollars available for health insurance and care for low-income children. And while there have been cuts in Medicaid affecting some adults and families, I think the message is that there will be some additional money available for children who come from low-income families, and they are eligible for Medicaid dollars. And there is also a program called CHIP, Children's Health Insurance Program, which provides health insurance for children in families with slightly higher incomes. I think the ceiling for a family of four would be about $37,000. So they have set up a hotline number to try to really reach out to families all over the city and region who may be eligible to make sure they know about it. SPEECHES And that 800 number is 1-800-986-KIDS. But I think it is important for all of us to do all we can to reach out to families all over the city and make sure our children get this health coverage, if they are eligible. Thank you.
Thank you very much. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Mr. President. I want to speak to the resolution that was introduced this morning by my colleague Councilman Rizzo and his concern -
Councilman DiCicco, you are not entitled to speak to a resolution that was introduced. You are not entitled to do anything but give your comments on current events. COUNCILMAN DiCICCO: I am a little bit confused, but I will give it another try. And, hopefully, I am not out of order. This past week a concert was held SPEECHES down at the CoreStates -
Good start. COUNCILMAN DiCICCO: Down at the CoreStates Center. There was a lot of controversy, there were a lot of reports in the news as to how this event was even allowed to take place. At the invitation of my colleague, Councilwoman Verna, last Thursday morning, while we were at the ribbon cutting for the High School of the Creative and Performing Arts, I attended a meeting, along with my colleague Councilman Kenney, the president of Spectacor, and Spectacor's attorney to find out exactly how this event was scheduled, without any communication to the community and/or its elected officials. From that Thursday morning meeting, several hours of ongoing discussions with the attorney for Spectacor, the three Council members, including myself, Senator Fumo, Senator Fumo's attorneys, lasted up until around 10 o'clock Sunday evening. During the time of those discussions, all of the issues relating to, pertaining to, the event, the size of the event, and how Spectacor, in SPEECHES our opinion, violated an earlier agreement with the community and the elected officials, we were able to resolve the issue going forward. Meaning that, in the future, beginning on November 11, this past Tuesday, 1997, Spectacor agreed to amend the original agreement between the community of the City of Philadelphia, the sports teams, and their facilities, never to perform an outdoor concert without first notifying the community and having the community and its elected officials sign off to agree to any outdoor concert or any other activities that would take place in that parking lot. I feel that because of the negotiations that took place because of this untimely and unannounced event, the community going forward will be in a much better position. I think that we have addressed all the needs of the community. And we will continue, as elected officials, to be a part of that process in the future. So I can probably go on for a few hours, but I won't. But I just want to let you know that, under the leadership of Councilwoman Verna, SPEECHES whose district comprises the Spectacor Center, I think that all that needed to be done to protect that community and the integrity of that neighborhood in the future has been addressed and will be continued to be monitored from this day going forward. Thank you, Mr. President.
Thank you very much. At this time the Chair recognizes Councilwoman Verna.
Thank you, Mr. President. All that was said, I simply want to add a very short comment. I think we did everything humanly possible to help the community in question. And I simply want to publicly thank my two colleagues from South Philadelphia for standing side by side with me to make certain that the community will have the right to know of any activities that will be going on at CoreStates from here on in. And I think that there is already in the contract a written notice that there is to be SPEECHES monthly meetings. However, what we are looking at at this point in time is to give the community just a little more teeth. And hopefully they will be able to vote on many of the events that are being proposed. And, again, I want to thank both my colleagues for all of their help. Thank you.
Thank you very much. The Chair recognizes Councilman Cohen.
Mr. President, I wanted to commend the Council members that were involved, and particularly Councilwoman Verna, and the leadership that she showed in this whole matter. But I also want to comment on my disturbance about the federal court action, the initial action. I think it is outrageous today to have a federal judge make a decision completely ignoring the community, and, apparently, permitting references to be made about involvement by Council SPEECHES members in a very unfavorable light. I think it was not only bad policy, but I think it was bad law. It just cannot be that two parties can contract to the detriment of a community, and shut the community out of being able to participate. (Council sings Happy Birthday.)
This cake is for Councilman Cohen, whose birthday is today, and Councilman Longstreth, whose birthday was just a couple of days ago. (Applause.)
So we would ask these two Council members to come forward. The Chair recognizes Councilwoman Verna for a motion.
Mr. President, I move that Council stand adjourned until Thursday, November 20, 1997, at 10 o'clock a.m. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. This Council stands adjourned until SPEECHES Thursday, November 20, at 10 o'clock a.m. (Meeting adjourned at 12:20 p.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, November 13, 1997, were reported fully and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING _____________________________________ DEBRA A. WHITEHEAD, RPR