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Minutes

Stated Meeting, June 24, 1999

Philadelphia City CouncilJun 24, 1999

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Chief Clerk Hauser

Bill NO. 990492, an Ordinance amending section 9-208 of the Philadelphia SPECIAL ORDER OF BUSINESS Code entitled sidewalk cafes by permitting sidewalk cafes on the north side of Ridge Avenue from Lyceum Avenue to Conarroe Street and on the a west side of Conarroe Street from Ridge Avenue to Mitchell Street.

Council President Verna

The Chair agrees. The bill having been read will be placed on the Second Reading and Final Passage Calendar for the next meeting. Are there any other bills on the First Reading Calendar?

Chief Clerk Hauser

There are none, Madam President.

Council President Verna

There being none, the Chair recognizes Councilwoman Clark for the purpose of calling up -- before we do that, I would like to go into special business.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Madam President, I think at that time I would like to request in this special order of business consideration of Resolution No. 990066. SPECIAL ORDER OF BUSINESS

Council President Verna

The Clerk will please read the title of the resolution.

Chief Clerk Hauser

A Resolution proposing an amendment to the Educational supplement to the Philadelphia Home Rule Charter relating to the method of selection and term of office of members of the Board of Education, including provisions relating the Educational Nominating Panel, and providing for the submission of the amendment to the electors of Philadelphia.

Council President Verna

The Chair recognizes Councilman Nutter for the purpose of a motion for the adoption of Resolution No. 990066, which is the companion resolution to Bill No. 990056. Councilman Cohen, did you want to be recognized?

Councilman Cohen

What I wanted to say is applicable to both the resolution and the ordinance. And I can speak at whichever time the President desired. I would like to speak.

Council President Verna

Councilman Nutter.

Councilman Nutter

Madam President, I SPECIAL ORDER OF BUSINESS haven't moved the adoption of the resolution yet.

Council President Verna

Will you please move for the adoption?

Councilman Nutter

Absolutely. Madam President, I move the adoption of the resolution. (Properly seconded.)

Council President Verna

The Chair recognizes Councilman Cohen who wants to be heard.

Councilman Cohen

Yes, I am speaking in opposition both to the resolution and to the companion ordinance which is 990056 and is on the Calendar today. This involves a proposal to place on the November ballot amendments to the Educational Home Rule Supplement that will change the way in which board members are selected to the School District. In my judgment the proposed Amendment, despite the fine intensions of Councilman Nutter, would nonetheless concentrate a great deal more power in the Office of the Mayor. And simultaneously, if the Mayor gets more power, it means there's less power in the citizenry and in the Council and in all groups that deal with the School Board, and I oppose that and I belief that the people of Philadelphia oppose that. SPECIAL ORDER OF BUSINESS At the present time, the Mayor does not have the same authority with the School District that he has in other boards and commissions that he appoints. When a member of the Gas Commission did not do want what the Mayor wanted him to do with respect to a proposed appointment, the Mayor just fired the board member. When a historical committee voted against the Mayor's recommendation for what ought to happen to the front of a house on 17th Street and the person supported by the Mayor wanted to use it for a garage, the member voted against it, that was the end of the member's membership on that board. Because if the mayor can, as this Amendment would do, terminate the board membership of any member of the board at any time and for whatever reason or no reason at all, the members, of course, lose their independence. They serve at the will of the Mayor. It gives the Mayor total control, and I think that's bad and it takes away rights from people. Over the years community groups and home and school associations and the citizens generally have learned that they can be bound to public meetings at a School Board and speak to people who SPECIAL ORDER OF BUSINESS have the right to make a decision based on their independent conclusions and who are not threatened with the termination of their office-holding if they happen to vote differently from the way in which the Mayor wanted them to vote. That independence and that freedom will be lost if this Amendment takes place. Also, we're in the period of an election coming up this fall. I think it's also wrong to detract from the attention of the mayoral race and at the same time to hand out in advance to the next Mayor, and we don't know who that will be, total power, particularly when the two major candidates both have taken positions on different subjects which raise serious question as to whether either of them really supports fully the concept of public education. One candidate supports school vouchers. There's a body of thought that indicates that the use of school vouchers under the circumstances that that candidate supports them is inconsistent with support for public school education. The other candidate has a view with respect to rights of certain citizens, believing that gay and lesbian citizens don't deserve the same rights as other SPECIAL ORDER OF BUSINESS citizens. And many in this City believe that that's not a view that ought to be held by somebody charged with the responsibility for the public school system. It just seems to me to be a wrong bill and a wrong time; and therefore, I'm going to be voting against this bill and this resolution and urging my colleagues to vote against it. I think amendment to the Home Rule Charter, the school amendments are wrong. The last time it was tried in 1994, and this is apropos to finding copies of the editorials of the Inquirer and the Daily News on my desk. When City Council decided in 1994 to try to get through very signify amendments changing the delicate balance that exists in the Home Rule Charter, the Daily News editorially and the Inquirer editorially supported those amendments, so did the Mayor, so did the President of City Council, so did City Council by an overwhelming vote.

Councilman Cohen

When it went to the voters by a 7 to 1 vote, an unbelievable margin in any election, by a 7 to 1 vote the voters said, no, we want to retain the powers we have. We don't think it's wise to put it in the hands of the Mayor. I predict the SPECIAL ORDER OF BUSINESS same kind of result will occur if this is passed. But I think we ought not to be faced at this time, and I'm urging my colleagues to vote no and I shall be voting no on both the bill and the resolution. Thank you, Madam President.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. I will not repeat all the comments that my colleague Councilman Cohen has made. I have pretty much agreed with him on those accounts, having just had had the occasion to have a commission member booted from the Gas Commission because he did not vote the way the Mayor asked him to vote, and the same thing happened with the City Planning Commission. I believe there should be some changes. I'm not sure whether any of this will make it possible for John or Jane to read better, but I do not believe that concentrating all this power in the Mayor's hand is going to make them read better or compute better in the end. So I will be voting no on this bill.

Council President Verna

Thank you. SPECIAL ORDER OF BUSINESS The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I'll be very brief. First, certainly to my two colleagues who have spoken, they know that I deeply respect their views and their concerns. They have shared with me on a previous occasion. This is a resolution to adopt the Educational Rule Supplement that I believe I've tried to address and the other co-sponsors have tried to address the many concerns that a wide variety of groups and organizations and our citizens have expressed. But I think more important than anything else, at least for my involvement in this, is I do believe that many Philadelphians and certainly who have children in public schools do want someone to be fully accountable and have a clear line of accountability for public education here in Philadelphia. And I think that, actually, my colleagues who spoke earlier would probably agree even with that particular statement. I respect their views as it relates to the bill. Ultimately, we know that even if the bill is passed today, the ultimate test is what the voters say on election day. And I would only SPECIAL ORDER OF BUSINESS encourage my colleagues to at least allow this provision to go to the voters. Let them have their say as we've had an opportunity to discuss these matters for sometime. So I would like to encourage all of my colleagues to at least support the measure to allow the voters to have the opportunity to express their view and their will and have their say about what they want to happen in public education in Philadelphia. Thank you, Madam President.

Council President Verna

The Chair recognizes Councilwoman Clark.

Councilwoman Clark

Madam President, as you know, I have always been a strong supporter of the Educational Supplement, believing that it should not be easily tampered with. I do not see any real good reason to concentrate additional power in the hand of this or any other Mayor, and it is my hope that my candidate for Mayor will win. So it is not who is Mayor; it is to the position of Mayor that oppose concentrating additional power. The Educational Supplement grew out of a desire on the part of its framers to de-politicize education to the greatest degree possible. It seems SPECIAL ORDER OF BUSINESS to me that this re-concentrates the power and goes in the opposite direction. And for that reason, I'll be voting against it. There are things about the proposed change that I very much do like, but the fact that it is a re-concentration of power causes me great concern and I have decided I will not support it. Thank you.

Council President Verna

Thank you, Councilwoman. It has been moved and properly seconded that Resolution No. 990066 be adopted. The Chief Clerk will please call the roll.

Chief Clerk Hauser

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk Hauser

Councilwoman Clark.

Councilwoman Clark

No.

Chief Clerk Hauser

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk Hauser

Councilman Cohen.

Councilman Cohen

No.

Chief Clerk Hauser

Councilman DiCicco.

Councilman Di Cicco

Aye. SPECIAL ORDER OF BUSINESS

Chief Clerk Hauser

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk Hauser

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk Hauser

Councilman Longstreth.

Council President Verna

He's absent.

Chief Clerk Hauser

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk Hauser

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk Hauser

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk Hauser

Councilman O'Neill.

Council President Verna

I believe he left a vote of aye.

Chief Clerk Hauser

Yes, he did. Councilman Ortiz.

Councilman Ortiz

Aye.

Chief Clerk Hauser

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk Hauser

Councilwoman Tasco. SECOND READING AND FINAL PASSAGE CALENDAR

Councilwoman Tasco

No.

Chief Clerk Hauser

Council President Verna.

Council President Verna

Aye. The 12 are aye; three are nays. The motion is adopted.

Councilwoman Clark

Madam President, just for the record, the ayes are 12 and the nays are 3.

Council President Verna

I'm sorry. Thank you for correcting me. The ayes are 12; the nays are three.

Council President Verna

The Chair recognizes Councilwoman Clark for the purpose of calling up bills on the Second Reading and Final Passage Calendar.

Councilwoman Clark

Madam President, all bills on Second and Final Reading Calendar are called up except Bill No. 980239 and 990250.

Council President Verna

Thank you. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I ask to be excused from Council to take care of SECOND READING AND FINAL PASSAGE CALENDAR Council business. I would be voting aye on all bills and resolutions with the exception of Bill 990065 which I would be recorded as no.

Council President Verna

What page is that?

Councilwoman Tasco

.

Council President Verna

And how are you voting on the amendments that we discussed earlier?

Councilwoman Tasco

I will be voting aye on the amendments.

Council President Verna

Thank you. The Chair recognizes Councilman Cohen.

Councilman Cohen

My light was on by error.

Council President Verna

Thank you. The first bill being called for consideration is Bill No. 990288-A. The Clerk please read the title of the bill.

Chief Clerk Hauser

An Ordinance amending Title 22 of the Philadelphia Code, entitled "Public Employees Retirement Code," by amending certain provisions, including Section 22-310 entitled "Deferred Retirement Option Plan, (DROP)," SECOND READING AND FINAL PASSAGE CALENDAR to provide for a test DROP program, under certain terms and conditions.

Council President Verna

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.

Chief Clerk Hauser

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk Hauser

Councilwoman Clark.

Councilwoman Clark

Aye.

Chief Clerk Hauser

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk Hauser

Councilman Cohen.

Councilman Cohen

Aye.

Chief Clerk Hauser

Councilman DiCicco.

Councilman Di Cicco

Aye.

Chief Clerk Hauser

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk Hauser

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk Hauser

Councilman Mariano.

Councilman Mariano

Aye. SECOND READING AND FINAL PASSAGE CALENDAR

Chief Clerk Hauser

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk Hauser

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk Hauser

Councilman O'Neill is voting aye. Councilman Ortiz.

Councilman Ortiz

Aye.

Chief Clerk Hauser

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk Hauser

Councilwoman Tasco is voting aye. Council President Verna.

Council President Verna

Aye. The majority of all members having voting in the affirmative. The bill passes. The next bill to be called for consideration is Bill No. 990291.

Chief Clerk Hauser

Bill No. 990291, an Ordinance creating the Ashton Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development for the redevelopment of the Ashton Tax SECOND READING AND FINAL PASSAGE CALENDAR Increment Financing district being the area generally bounded by Grant Avenue on the north, Ashton Road on the east, Willits Road on the south, and Blue Grass Road on the west.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will call the roll.

Chief Clerk Hauser

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk Hauser

Councilwoman Clark.

Councilwoman Clark

Aye.

Chief Clerk Hauser

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk Hauser

Councilman Cohen.

Councilman Cohen

No.

Chief Clerk Hauser

Councilman DiCicco.

Councilman Di Cicco

Aye.

Chief Clerk Hauser

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk Hauser

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. SECOND READING AND FINAL PASSAGE CALENDAR

Chief Clerk Hauser

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk Hauser

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk Hauser

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk Hauser

Councilman O'Neill is voting aye. Councilman Ortiz.

Councilman Ortiz

Aye.

Chief Clerk Hauser

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk Hauser

Councilwoman Tasco is voting aye. Council President Verna.

Council President Verna

Aye. The ayes are 14. The nays are 1. The majority of members having voting in the affirmative. The bill passes. The next bill to be called for consideration is Bill No. 990221. The Chair recognizes Councilman Kenney. Did you want us to pass this bill for the time being SECOND READING AND FINAL PASSAGE CALENDAR or are we prepared to go forward?

Councilman Kenney

Madam Chair, I request that we pass over it until we come back to the end of the calendar.

Council President Verna

Thank you.

Councilman Kenney

Thank you.

Council President Verna

Will the Chief Clerk then please will read Bill No. 990846.

Chief Clerk Hauser

An Ordinance amending Section 9-623 of the Philadelphia Code, entitled "Adult Bookstores," by specifying that the operating hours of adult bookstores shall be restricted in certain areas, all under certain terms and conditions.

Council President Verna

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.

Chief Clerk Hauser

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk Hauser

Councilwoman Clark.

Councilwoman Clark

Yes.

Chief Clerk Hauser

Councilman Clarke. SECOND READING AND FINAL PASSAGE CALENDAR

Councilman Clarke

Aye.

Chief Clerk Hauser

Councilman Cohen.

Councilman Cohen

Aye.

Chief Clerk Hauser

Councilman DiCicco.

Councilman Di Cicco

Aye.

Chief Clerk Hauser

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk Hauser

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk Hauser

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk Hauser

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk Hauser

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk Hauser

Councilman O'Neill is voting aye. Councilman Ortiz.

Councilman Ortiz

Aye.

Chief Clerk Hauser

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk Hauser

Councilwoman Tasco SECOND READING AND FINAL PASSAGE CALENDAR is voting aye. Council President Verna.

Council President Verna

Aye. The ayes are 15. The nays are zero. A majority of all Members of Council having voting in the affirmative. The bill passes. The next bill to be called for consideration is Bill No. 990311.

Chief Clerk Hauser

An Ordinance to amend the Philadelphia Zoning Maps, by changing the zoning designations of certain areas of land located within an area bounded by 52nd Street, Paxton Street, Leidy Avenue, Parkside Avenue, Belmont Avenue, Girard Avenue and Merion Avenue.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will call the roll.

Chief Clerk Hauser

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk Hauser

Councilwoman Clark.

Councilwoman Clark

Aye.

Chief Clerk Hauser

Councilman Clarke. SECOND READING AND FINAL PASSAGE CALENDAR

Councilman Clarke

Aye.

Chief Clerk Hauser

Councilman Cohen.

Councilman Cohen

Aye.

Chief Clerk Hauser

Councilman DiCicco.

Councilman Di Cicco

Aye.

Chief Clerk Hauser

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk Hauser

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk Hauser

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk Hauser

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk Hauser

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk Hauser

Councilman O'Neill is voting aye. Councilman Ortiz.

Councilman Ortiz

Aye.

Chief Clerk Hauser

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk Hauser

Councilwoman Tasco SECOND READING AND FINAL PASSAGE CALENDAR is voting aye. Council President Verna.

Council President Verna

Aye. The ayes are 15. The nays are zero. A majority of all members having voting in the affirmative, the bill passes. The next bill being called for consideration is Bill No. 990327.

Chief Clerk Hauser

An Ordinance amending an ordinance approved December 15, 1969, as amended, which approved the redevelopment proposal, the urban renewal plan and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of Mantua Urban Renewal Area, by approving the ninth amendment of the redevelopment proposal and the sixth amendment of the urban renewal plan.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will call the roll.

Chief Clerk Hauser

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. SECOND READING AND FINAL PASSAGE CALENDAR

Chief Clerk Hauser

Councilwoman Clark.

Councilwoman Clark

Aye.

Chief Clerk Hauser

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk Hauser

Councilman Cohen.

Councilman Cohen

Aye.

Chief Clerk Hauser

Councilman DiCicco.

Councilman Di Cicco

Aye.

Chief Clerk Hauser

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk Hauser

Councilwoman Krajewski.