COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, February 6, 2003 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILWOMAN JOAN L. KRAJEWSKI 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, CHIEF CLERK V A R A L L O, INCORPORATED LITIGATION SUPPORT SERVICES Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
May I have everyone's attention, please? I note that the hour has come and that quorum of this Council is present. The Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend D.J. Lawrence, Pastor of the New Psalmist Baptist Church. Rev. Lawrence is here today as the guest of Councilman Clarke. Members and guests will please rise. REV. LAWRENCE: May we bow our heads in humble submission to God. Our Father, who art in heaven, hallowed be thy name. Thy kingdom come. Here in City Council we pray that thy would be done. We pray for the government of our city, the government of our state, but most of all, oh, God, we pray for the government of our nation. We pray that you would guide our president. We pray that you would guide not only him, but we pray for those who are overseas. We pray for their families. We pray, Lord, for this august body. We pray for President Verna. We pray for the Fifth Councilmanic District. We pray for Brother Darrell Clarke. Most of all, God, we pray that you would unify our hearts with truth. Lord, we pray that you would use each of these Councilmen and Councilwomen to serve this City. God, we pray that you would bless us and in the ultimate end you would say to us, "A job well done." We pray this now in the name of truth. And our hearts say, amen.
The Chair thanks Rev. Lawrence for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Tuesday, January 28, 2003. The Chair recognizes Councilwoman Tasco.
Madam Chair, I move for the approval of Journal of Tuesday, January 28th. (Duly seconded.)
It has been moved and properly seconded that the meeting of Tuesday, January 28, 2003, stand approved. All in favor will indicate by saying (Aye.)
The ayes have it, and the Journal of the meeting of Tuesday, January 28, 2003, has been approved. At this time the Chair recognizes Councilwoman Blackwell for requests for leaves of absence.
Thank you, Madam President. This morning a leave is absence is requested for Councilman Kenney.
The Chair thanks the Councilwoman. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, leave of absence is requested for Councilman Thacher Longstreth.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors recognizing Chambers this morning. On of City Council, I welcome you to our Council Session today. 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. We now have a tradition of welcoming the Girl Scouts to City Council during the Annual Girl Scout Cookie Drive which is their primary fund-raiser each year. Today I'm especially pleased to welcome Ms. Sharita Blanding, a senior at West Catholic High School, a resident of Southwest Philadelphia, and a Senior Girl Scout in Troop 517. Ms. Blanding is accompanied by Ms. Kelly Rudick of the Girl Scout organization, and I am pleased to ask both of the young ladies to please step up to the podium for a few brief remarks. Good morning and welcome.
Good morning, City Council. My name is Sharita Blanding and I am a Senior Girl Scout in Troop 517. And on behalf of Girl Scouts of Southeastern Pennsylvania, we would like to dedicate this basket of girl scout cookies to you for your support and in the girl scouts. (Applause.)
Thank you very much. Councilmembers can certainly help themselves to the cookies. 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 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 on January 31, 2003, I signed the following bill that was passed by Council at its Session on January 28, 2003: Bill No. 020758. And I am transmitting herewith for the consideration of your on honorable body the following ordinance entitled, an ordinance authorizing the construction of Dobson Run Storm Water Relief Sewer in portions and Allegheny Avenue. And an ordinance authorizing the Commissioner of Public Property on behalf of the acquire by purchase lease or condemnation a certain temporary easement through 3500 Scotts Lane. And an ordinance authorizing the City Solicitor on behalf of the City to enter in a multi-year lease or lease purchase agreement with a provider of personal computers and associated software. And an ordinance to authorize the Water Commissioner on the behalf of the City to enter into agreements with the owners of the properties and their successors of a private street known as Blakeston Lane. And an ordinance authorizing real estate transactions necessary to permit the City of Philadelphia to acquire property needed for the use by the Philadelphia International Airport.
The messages will be printed in the Journal. The Clerk will please read any other communications in her possession.
Thank you. AND RESOLUTIONS The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit immediate consideration of resolutions at their time of introduction. (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 in favor of the motion, please signify by saying aye. (Aye.)
The ayes have it. The motion carries. And the Chair recognizes Councilwoman Blackwell.
Madam President, this morning I have no bills or AND RESOLUTIONS resolutions.
Madam President, I offer one privileged resolution which requires a vote.
Madam President, I offer one resolution which will require a vote by the Council on behalf of the 15 members of City Council.
Thank you. The Clerk will please read the title of the resolution.
A resolution authorizing the City Council Committee on Law and Government to hold hearings to investigate the state of the air quality in Philadelphia and to recommend ways and means to improve its air quality and, therefore, health of all Philadelphians. AND RESOLUTIONS
Madam President, I move for the adoption of the resolution. (Duly seconded.)
The ayes have it and the resolution will be referred to the Law and Government Committee. The Chair recognizes Councilwoman Krajewski.
Thank you. The Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Bridge Street, Tacony Street, and AND RESOLUTIONS the Delaware River and the Frankford Creek.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2003 within the Grants Revenue Fund.
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2003 within the Water Fund from certain or all City offices.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2003 within the Grants Revenue Fund from the Department of Licenses and Inspections.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2003 within the Aviation Fund.
This bill will AND RESOLUTIONS also be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
Madam President, I have two bills and one resolution.
Thank you. The Clerk will please read the title of the first bill.
An ordinance establishing a no motor home parking regulation on Nafle Street Loretta Avenue to Summerdale Avenue, both sides.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 19-1502 of the Philadelphia Code entitled, "Imposition of Tax," by providing for the reductions in rate of wage and net profits tax, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution.
And a resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City AND RESOLUTIONS deeds located in the 18th, 19th, and 23rd Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilwoman Tasco.
Thank you. The Clerk will please read the title of the first resolution.
A resolution condemning the AND RESOLUTIONS cynical attempt by the predatory lending industry to undermine the authority of state and local elected officials to effectively respond to the epidemic of predatory lending practices.
Madam President, I'd like to speak on the resolution. Madam President, we offer this resolution today because we're concerned about what's happening in Congress. The resolution points out the action by some congressional members to undermine the anti-predatory legislation that has been passed across this country. As you know, this City Council unanimously passed the toughest anti-predatory lending legislation in the United States in April 2001. While our efforts were hastily preempted by the Pennsylvania Legislature, cities, counties, municipalities, and states across this country followed our lead and adopted legislative measures patterned after our bill. In the meantime ACORN, Michele Lewis of the Northwest Counseling Service and the Philadelphia Predatory Lending Task Force, AND RESOLUTIONS the National Coalition of 100 Black Women and Delta Sigma Theta Sorority, Inc., have all been on a mission to educate Philadelphians about the abusive lending practices that are used by predatory lenders. State Senator Vincent Hughes and I, along with these, have been participating in seminars and meetings at local recreation centers, senior citizens centers, churches and many other venues to further educate people about how to protect themselves while borrowing money. But while our education campaign has been touching the lives of many, predatory lending runs rampant in our neighborhoods, camouflaged in many forms exampled by the well-advertised pay-day loans, sell your houses for cash, get an early loan on your tax refund, and a slew of other examples. With this in mind, I want the record to show that we have been in contact with the Philadelphia Delegation of the US House of Representatives. I will be presenting this resolution along with other educational material to our congressional representatives about the impact that predatory lending has had on the Philadelphians and Pennsylvanians at large. As in the past, I will AND RESOLUTIONS also make the case as to why we need them to stand tall and fight against any federal legislation that strips the power of state and local elected officials to enact legislation to protect their constituents from predatory lending home loans and other types of predatory lending. Tomorrow, we will be hosting a meeting with anti-predatory lending advocates from across the Commonwealth of Pennsylvania. They come because predatory lending is not just a problem in urban areas, but rural communities as well. Some of our state representatives have reached out to us to discuss this issue because they recognize that predatory lending is class and color blind. As our group will also be working with members of the State Legislature in a effort to gain bipartisan support to address this issue, and I will certainly keep my colleagues informed. And Madam President, what I'd like have to happen is have the Clerk read the resolution in its entirety.
Whereas, predator lending AND RESOLUTIONS abuses that take away homeowners' equality and lock borrowers into high interest rates pervade the subprime mortgage market as evidenced most recently by predatory lending settlements entered into by two of the very largest subprime lenders, and Fannie Mae estimates that are up to half of all borrowers of subprime loans, Grade B and Grade C, should have qualified for Grad A loans with substantively lower rates and fees; and Whereas, the targeting of subprime loans to people of color, low and moderate income families, and senior citizens, cost those who can least afford it billions of dollars each year and reverses hard-won progress that has been made on reducing the racial home ownership gaps; and Whereas, after conducting a comprehensive investigation into the nature of abusive mortgage lending practices in Philadelphia, this Council unanimously enacted our nation's strongest anti-predatory lending ordinance on April the 5, 2001, with republicans joining democrats in a clear and unmistakable message to the financial industry, you have utterly failed to police yourselves and through your failure you have given a AND RESOLUTIONS green light to unscrupulous predators to strip the wealth from the hard-working citizens of our City. The only proper and credible response to this crisis was swift and decisive government action; and Whereas, inspired by Philadelphia's bold legislative approach to combatting predatory lending, numerous states and localities have responded to the crisis by protecting their residents with laws that provide crucial safeguards on high-cost home loans without cutting off access to credit, preventing most predatory loans from even being made in the first place; and Whereas, within a few short weeks after the enactment of the Philadelphia anti-predatory lending ordinance, the predatory lending industry successfully lobbied for passage of State Legislation in Harrisburg which stripped the Home Rule powers of Philadelphia and all other Pennsylvania municipalities from enacting anti-predatory lending legislation and eroding existing consumer protections to counter predatory lending under Pennsylvania law; and Whereas, the same forces which successfully stopped Philadelphia from ending this AND RESOLUTIONS scourge of predatory lending in our City and are now posed to push legislation through the United States Congress which would nullify all state and local anti-predatory lending laws without providing any meaningful new protections for consumers; and Whereas, this Council is committed to working with the Pennsylvania General Assembly and the United States Congress to restore Philadelphia's Home Rule powers to bring real and immediate relief to the past and future victims of predatory lending. Therefore, be it resolved by the Council of the City of Philadelphia that Council calls upon United States Congress to respect the authority to stat and local elected officials to enact legislation for the protection of their constituents from predatory home loans that strip away hard-earned home equity, trap borrowers in excessive interest rates, and frequently cause families to lose their homes. Be it further resolved that Council calls upon the members of the Pennsylvania Congressional Delegation to strongly oppose the dangerous legislative assault led by the predatory industry against the state and local anti-predatory AND RESOLUTIONS lending legislation.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
All in favor of the adoption of the resolution will please say aye.
Thank you, Madam President. I think much of the nation and certainly those of us in Philadelphia really owe a great debt to Councilwoman Tasco for her continuing perseverance in the fight against predatory lending. She emphasizes the different techniques that are used, and in that regard I want to point out the very bad influence exerted by two media groups in Philadelphia that are spending a great deal of time, meaning they're making a lot of money because they're publishing ads for the latest pay day practice. They put up to 500 in your checking AND RESOLUTIONS account, and their interest is really reasonable, it's 1,040 percent interest charged by them, interest rates that would drive anybody out of their mind. Yet in the interest of profit, the Philadelphia Daily News and KWY, both generally good papers and radio stations that most of us depend on consistently, are making a profit out of predatory lending and they ought to put an end to it. Research indicates that media do not have to publish ads if they feel they're not in the best interest of the public. And these ads are clearly -- as the resolution by Councilwoman Tasco shows, these ads are not in the best interest. They make it sound simple. It's deceptive, it's enticing, it seduces a lot of people to get into debt over their head. And this astronomical interest rate, imagine an interest rate of more than 1,000 percent. The going rate is that for a week's loan of $500, you pay $100 in interest. That's 20 percent for one week. Multiply that one-week rate by 52 and you get an interest rate of 1,040 percent. It would be unfair even if they were charging rich people that, but when they charge poor working people who struggle so hard to earn a dollar an AND RESOLUTIONS interest rate like that, they drive people desperate. So I call on cooperation from the Philadelphia media in support of the fine work being done by the coalition assembled by Councilwoman Tasco. And my thanks and I'm sure the thanks of all Philadelphians go to Councilwoman Tasco for her continuing efforts in this direction. Thank you.
Thank you, very much, Councilman. The Chair recognizes Councilwoman Tasco.
I'd like to thank Councilman Cohen for those comments. And he points out a very graphic example of what's happening. And I would say that as we spend $350 million on blight, remember what is happening with the predatory lending lends to the blight of the City because it sucks the equity out of our homes in our community and sucks away the equity from people who can least afford it. So I thank you and ask all my colleagues to vote on this resolution.
Thank you. It has been moved and seconded that the resolution be adopted. AND RESOLUTIONS All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the second resolution.
A resolution recognizing February 9th to the 15th as Black Family Technology Awareness Week.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
All in the favor of the adoption of the resolution will indicate by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. AND RESOLUTIONS The Clerk will please read the title of the third resolution.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. At this time, the Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer two resolutions.
The Clerk will please read the title of the first resolution. AND RESOLUTIONS
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located 11th, 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 in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the third resolution.
A resolution honoring and recognizing the United Negro College Fund for its contributions to American society and education of AND RESOLUTIONS America's youth.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair again recognizes Councilwoman Miller.
Thank you, Madam President. I'm requesting that this body have a standing moment of silence mourning the death and honoring the memory of Jean Christine William Smith who was Granddaughter Ruler of the Improved Benevolent Protection Order of Elks of the World, a Philadelphia resident who died last week. AND RESOLUTIONS
Thank you. Everyone will stand for a moment of silence, please. (Moment of silence.)
Thank you. The Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire by purchase, lease, or condemnation a certain temporary easement through 3500 Scotts Lane.
The bill will be referred to the appropriate committee.
And an ordinance the construction of sanitary sewers and appurtenant work in portions in the Fairmount Park property.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the construction of Dobson Run Storm Water Relief AND RESOLUTIONS Sewer all appurtenant work in portions of Allegheny Avenue and 32nd Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. It is with a great sense of sadness and yet a sincere honor for me to introduce one bill on behalf of myself and all members of this legislative body.
Thank you. The Clerk will please read the title of the bill.
An ordinance naming and designating the West Philadelphia Regional Branch of the Free Library of Philadelphia, located 125 South 52nd Street as Lucien E. Blackwell Regional Branch of the Free Library of Philadelphia.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair AND RESOLUTIONS thanks the gentleman. The Chair recognizes Councilman Ortiz.
Thank you. The Chair recognizes Councilman DiCicco.
The Clerk will please read the title of the bill.
An ordinance amending Section 12-2703 of the Philadelphia Code entitled "Designation of Permit Parking Districts," by amending definition of District 5, the area generally bounded by Market Street the Delaware River, South Street, and 7th street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam AND RESOLUTIONS President. I have two bills, one cosponsored by Councilman DiCicco and myself.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending Chapter 12-400 of the Philadelphia Code entitled "Right of Way Regulations and Penalties," by increasing the penalty for violations of Section 12-407 which prohibits the operator of a vehicle from entering an intersection or crosswalk unless there is sufficient space beyond the intersection or crosswalk.
The bill will be referred to the appropriate committee.
And an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Temple University Hospital, a Pennsylvania non-profit cooperation, in the vicinity of 3401 North Broad Street of Philadelphia to undertake the project whereby the Authority will finance the cost of the development and construction of the multi-level ambulatory healthcare building and other hospital
This bill will be referred to the appropriate committee. And the Chair recognizes Councilman Rizzo.
Madam President. No bills or resolution. But I do have something, Madam President. I'd like to ask you if it's appropriate to remember -- ask this Council to remember, I think, a person that affected us all and did a great job in the City of Philadelphia who died suddenly this week, Reilly Harrison. A moment of silence, please.
We will all stand for a moment of silence for Reilly Harrison. (Moment of silence.)
Councilman, thank you for remembering that. Our next item of business is reports from committees. And the Chair recognizes Councilman Nutter for a report from the Rules Committee.
Thank you, Madam President. The Committee on Rules reports six bills with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee he Rules to which was referred Bill No. 020649, entitled, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Norris Street, Broad Street, Diamond Street and 15th Street; And Bill No. 020689, entitled, an ordinance amending Title 14 of the Philadelphia Code, relating to "Zoning and Planning," by adding a new Section 14-1626 entitled, "Logan Square Special District Controls." And Bill No. 020733, entitled, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area generally bounded Annsbury Street, H Street, Ramona Street and G Street; 020760, entitled, an ordinance amending Chapter 14-1600 of the Philadelphia Code entitled, "Miscellaneous," by adding a new section prohibiting the demolition of buildings or other structures located with an area, and providing that such prohibition shall expire after a specified period of time; And Bill No. 020811, entitled, an ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Kingsessing Urban Renewal Area; And Bill No. 020812, entitled, an ordinance approving redevelopment proposal of the Redevelopment Authority of City of Philadelphia for the redevelopment of the Logan Urban Renewal Area and declaring the redevelopment undertakings in the project to be an important part of the City's program to remove and prevent the spread of urban blight; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Madam President. I move the Rules of Council be suspended so as to permit first reading this day of Bills No. 020649 and 020689, 0203733, 020760, 020811 and 020812. (Duly seconded.)
It has been moved and properly seconded that the Rules be suspended as to permit first reading this day of Bill Nos. 020649, 020689, 020733, 020760, 020811, and 020812. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on Today's First Reading Calendar. The Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services.
Thank you, Madam Streets and Services reports out seven bills with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Streets and Services to which was referred Bill No. 020437, entitled, an ordinance amending Chapter 12-400 of the Philadelphia Code entitled "Right-of-Way Regulations and Penalties," including not limited to intersections on South Street, from Front street to Broad Street as Don't Block The Box intersections; And Bill No. 020762, entitled, an ordinance granting permission to Cogent Communications, its successors and assigns and remove telecommunications service connections and fiber cables in and under the public rights-of-way and city streets; And Bill No. 020763, entitled, an ordinance amending Title 12 of the Philadelphia Code entitled "Traffic Code," to revise the penalties for certain parking violations and making certain changes, all under certain terms and conditions; And Bill No. 020815, entitled, an ordinance authorizing Tenet HealthSystems Hahnemann, known as the Hahnemann University Hospital, Broad and Vine Streets, to construct own and maintain 11 precast concrete planters, all under certain terms and conditions; And Bill No. 020822, entitled an ordinance authorizing the Business Association of West Parkside to construct, own and maintain various encroachments, all under certain terms and conditions; And Bill No. 020825, entitled, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 27S by striking from the City plan and vacating Water Street from Jackson Street; And Bill No. 030011, entitled an ordinance authorizing Lawrence Goldfarb and Gerda Paumgarten of 630 West Cliveden Street to construct and maintain a privately owned water main and electrical service conduit in the roadway of Rex Avenue and Navajo Street; considered 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 the seven bills that have just read into the record. (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 Nos. 020437, 020762, 020763, 020815, 020822, 020825, and 030011. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on today's First Reading Calendar. The Chair at this time recognizes Councilman Mariano for a report from the Committee
The Committee and Licenses and Inspections reports one bill with a favorable recommendation.
Thank you. The Clerk will please read the report.
To the President and Members of the Council of the City of Philadelphia, the Committee on Licenses and Inspections to which was referred Bill No. 020732, entitled, an ordinance amending Title 4 of the Philadelphia Code, the Philadelphia Building Construction and Occupancy Code, by adding provisions relating to the maintenance of exterior property areas, respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. Bill No. 020732 will be placed on the First Reading Calendar for the next Session of Council. That concludes from reports committees. Our next order of business is the consideration of the calendar. The Clerk will bills on the First Reading Calendar.
Bill No. 020649, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Norris Street, Broad Street, Diamond Street and 15th Street.
And Bill No. 020689, an ordinance amending Title 14 of the Philadelphia Code, relating to "Zoning and Planning," by adding a new Section 14-1626 entitled, "Logan Square Special District Controls."
And Bill No. 020733, entitled an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area generally bounded by Annsbury Street, H Street, G Street.
And Bill No. 020760, entitled an ordinance amending Chapter 14-1600 of the Philadelphia Code, entitled "Miscellaneous," by adding a new section prohibiting the demolition of buildings or other structures located with an area, and providing that such prohibition shall expire after a specified period of time.
And Bill No. 020811, an ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Kingsessing Urban Renewal Area.
And Bill No. 020812, entitled an ordinance approving the redevelopment proposal of the Redevelopment Authority of City of Philadelphia for the redevelopment of the Logan Urban Renewal Area.
Bill No. 020437, entitled an ordinance amending Chapter 12-400 of the Philadelphia Code entitled, "Right-of-Way Regulations and Penalties," by increasing the penalty for violations of Section 12-407 as Don't Block The Box intersection and by designating certain intersections in the City, all under certain terms and conditions.
The Chair agrees. And Bill No. 020762, an ordinance granting permission to Cogent Communications, to construct, maintain, operate, replace and remove telecommunications services in and under the public rights-of-way and city streets, all under certain terms and conditions.
And Bill No. 020763, an ordinance amending Title 12 of the Philadelphia Code entitled, "Traffic Code," to revise the penalties for certain parking violations and making certain changes, all under certain terms and conditions.
And Bill No. 020815, an ordinance authorizing Tenet HealthSystems Hahnemann, known as the Hahnemann University Hospital, Broad and Vine Streets, to construct, own, and maintain 11 precast concrete planters.
And Bill No. 020822, an ordinance authorizing the Business Association of West Parkside to construct, own, and maintain various encroachments between Belmont Avenue and Parkside Avenue.
And Bill No. 020825, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 27S by striking from the City plan and vacating Water Street, under certain terms and conditions.
The Chair 2/6/03 - STATED - 2ND READING AND FINAL PASSAGE agrees.
And Bill No. 030011, an ordinance authorizing Lawrence Goldfarb and Gerda Paumgarten of 630 West Cliveden Street, owners of the property 8605 Navajo Street, to construct and maintain a privately owned water main, under certain terms and conditions.
The Chair agrees. The bills read by the Clerk will be placed on the Second Reading and Final Passage Calendar for our next Session of Council. 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 to be considered today.
Thank you, Madam President. Today Bill No. 020761A is being called up for second reading and final passage. Bill No. 020808A will be called up for an amendment, as well as Bill No. 020496 for amendment. Thank you very much. 2/6/03 - STATED - 2ND READING AND FINAL PASSAGE
Thank you. All other bills will be held. At this time the Clerk will please read the title of Bill No. 020761A.
An ordinance amending Bill No. 010519, entitled an ordinance Section 2501 of the Philadelphia Code relating to boundaries of Councilmanic districts by revising the boundaries of Councilmanic districts, under terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Councilwoman Krajewski. 2/6/03 - STATED - 2ND READING AND FINAL PASSAGE
Councilman Mariano. (No response.) (Councilman Mariano recorded as voting aye. See , Line 3.)
Aye. The ayes are 14, the nays are 0. A majority of all Members of Council having voted in 2/6/03 - STATED - 2ND READING AND FINAL PASSAGE the affirmative, the bill passes. The Clerk will please read the title of Bill No. 020808A.
An ordinance extending the discount period and the due date for payment of real estate taxes due in 2003 and enacting special provisions for addition to tax, penalties, and interest if such real estate taxes are paid after the due date, all under certain terms and conditions.
The amendment has been circulated, however, Councilman, I think it would be very helpful to everyone if you would simply explain what the amendment would do to this bill.
What the amendment does is it will now offer for those folks who have filed an appeal on their real estate taxes a minimum of 60 days from the date that the BRT renders its final decision on that appeal to entitle those 2/6/03 - STATED - 2ND READING AND FINAL PASSAGE property owners the 1 percent discount. In effect, they will have between 60 and 90 days to qualify for that discount period without any penalties being imposed. And the reason for this is, as you know, there have been an extremely high number of folks who have filed real estate appeals this year and many of those hearings will not be heard until the end of March, early April, and quite possibly May. If we do not support this amendment, those folks who have exercised their rights to appeal, many of them at the urging of many City Councilmembers, would basically loss the opportunity to qualify for the 1 percent discount. So in fairness to those folks, I think this bill is a fair way to go affording people who have exercised their right to appeal to have the same benefit of the 1 percent discount as well.
Thank you. At this time would you move the motion, please.
I make a motion that the amendment to Bill No. 020808 be approved. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. 2/6/03 - STATED - 2ND READING AND FINAL PASSAGE All in favor will signify by saying aye. (Aye.)
The ayes have it, and the amendment has been adopted. The Chair recognizes Councilman Mariano.
Thank you, Madam President. Madam President, I was out of the room and I want to be recorded as voting yes for Bill 020761A.
Thank you. The record will so reflect that Councilman Mariano voted in the affirmative on that bill. The Clerk will please read the title of Bill No. 020496.
An ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by prohibiting sidewalk sales on portions of 18th Street and Callowhill Street.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I'd like to offer an 020496. This amendment has been circulated to all Members of the Council.
I'd like to make a motion for an amendment to Bill No. 020496. (Duly seconded.)
It has been moved and properly seconded that the amendment be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and Bill No. 020496 has been amended and it will be placed on next week's Calendar. This concludes our Calendar for today. Are there any speeches on the part of the minority? (No response.)
Are there any speeches part of the majority? At this time the Chair recognizes Councilman Cohen.
Madam President, the papers and radio and TV are having a good time, and I thing people in Philadelphia are very much interested in what's going on at the Convention Center. I don't offer at this time very much, but there's some things that kind of seem clear to me without making final conclusions about the political aspects of the situation or even the financial aspects. One thing seems clear to me, there are a lot of important players that all have to come together no matter who's on the board, no matter who's running the show, unless the Governor or the Mayor or the Convention Center Board all get together at some point, and this is one area where I do believe that bipartisanship is essential. Both parties are going to have to come together or nothing can be served. And since public monies are involved, I think it's very important that all the parties get over their feelings, whatever they may be, whether they're celebrating or whether they're unhappy, and finally decide that each of them is a principal player and they've got to work together. And since labor organizations are very much to happen, I think there are certain standards at least that become clear no matter who makes what decisions. One is that all of the labor organizations must be treated fairly, and in return, the public that uses the Convention Center and the businesses that use it are also entitled to be treated fairly. And to me, in one area where there have been charges -- I don't know the truth or not -- about something called featherbedding, which means getting paid for work that you do not do, has to be eliminated. And I think it should be across the board. Labor should be willing to do that because it makes no sense to spend public monies for work that's not being done. But at the same time, each of the unions has to be treated equally and fairly. And the last thing that I'm ready to comment on is the papers have been full of comments about the two new appointments, Councilman Nutter as Chairman of the Convention Center Board, and Al Mezzaroba, an alumnus of City Council, is an attorney. And all I can say is they happen to be two people I've worked with very, very closely. I don't think I've ever met anyone that was smarter, wiser, more judicial than either one of them or even as cooperative as either one of them. And I don't think, in any event, that their appointments ought to be regarded as in any way creating problems. I think they offer a great opportunity for settling the matter, but I just wanted to speak of my own personal experience with those two men. I don't think this City Council, if we're held responsible since they come from our body originally, I think we can be proud of the work they've done in City Council. And I think before it's all over, we'll be probably very proud of the work they do for the Convention Center. Thank you, Madam President.
You're welcome. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I would like to say thank you to the thousands and thousands of people who joined with me in celebrating the life of Lucien Blackwell. Certainly, I haven't even read all of the commendations, the letters, the cards yet, but I will. I received so many mass cards with the Vatican and back. I'd like to thank all my colleagues and all elected and appointed officials and so many of you in this room who called me and who reached out to certainly extend condolences. I'd like to apologize for those who were not able to get in at the end. Certainly, it was not choice. I asked them to cut the program, but certainly not the people who wanted to say their good-byes. We had people who came from across the country who wanted to see Lucien, and some few were not an afforded or some hundreds were not afforded that opportunity. I apologize. It was certainly not my choice. I would like to say thank you to all the labor leaders, the boxers, Bernard Hopkins and every local boxer who carried Lu to his final resting place. I would like to remark about all the prisoners who wrote me, hundreds of prisoners who wrote. And I'm reminded of one in particular, a lifer that we've been communicating with since the early '70s who reached out who wrote me a letter and sent me a card. thank you to all the people in wheelchairs and people who hobbled up who wanted to say something to Lu. I thank you all as well. I'd like to say that Lu always talked about the proverbial little old lady. He always dealt with the haves and have-nots, and certainly we feel that we must carry on that battle and certainly thank them who were there. We had people who came who said -- you know, one of my regulars, who said he didn't have a suit but he wanted to come to serves. I'd like to thank all the ethnic groups, the Africans who gave a ceremony because really we had services on two days so we could get some remembrances in. The Korean community and so many ethnic groups; the masons, so many groups who came and who made special efforts to uplift us as a family and also to say their final good-byes. Let me conclude by saying the Asian community told me that sometimes when a man is good, God will not let him suffer but God will take him with him. And that is the way we want to remember him. So, again, to each and every one of you and all who can hear me, we'll reach out and we will do that but we say thank you, thank you, thank you, and God bless.
Madam Chair, this weekend, actually, yesterday and the day before on Channel 10 I saw Berks County Commissioner expressing some disgusting theories and ideas about Puerto Ricans. And what surprised me the most also was that Channel 10 then did a poll as to the issue that this bigoted Berks County Commissioner was talking about. The issue in Berks County is that Puerto Ricans and other Latinos are being denied their right to vote because the Berks County Commissioners have violated the Voting Rights Act and by violating the Voting Rights Act in the method that they have refused to print ballots and information in Spanish in order to be able to keep the electorate, which now numbers 37 percent of the Reading, informed. The County Commissioners have refused to go along with the Federal Voting Rights Act, have refused to do what other cities across the country have done and as we do here in Philadelphia, which is to print election information in Spanish and English and other languages. I'm not satisfied with that. They have actually in public and in meetings disparage, insulted and gave outward bigoted comments as to Puerto Ricans and what Puerto Ricans would do if they become Mayor of the City of Reading, something that is not a matter or a question of whether there is going to be a Puerto Rican Mayor of Reading, it is just a matter of when. Channel 10 then did a poll by computer as to whether ballots and election information should be printed in different languages. And the question was kind of loaded. But 87 percent of the people or 80-something percent of the people answered through their computer and some of the comments that were then printed on the screen through their e-mail really gives us a lot of thinking to do. It gives us a situation that we have to pause for thought. This is the year 2003 and we thought that bigotry and comments as to ethnically, culturally, and linguistically was gone. And 80-something percent of the people that answered in that poll stated that if we didn't know any English, we should not be allowed to vote; that if we didn't know any English, we could not participate. These were thoughts that used to be prevalent in this society, and they still are, it seems. But it's not present, as that poll indicates, it is not just present in the minds of the Berks County Commissioners; it seems that it's present in a lot of people within the viewing area of Channel 10. Bigotry is something that is hiding just below the radar. It is something that we have to be very much aware of. Sometimes we have idiots like the Berks County Commissioners who let out their bigotry in public. Others express it through e-mails in the anonymity of their homes and their own computers. I actually want to thank Channel 10 for the poll and the way it was expressed because it should make us a little bit uncomfortable that there are a lot of people out there among us that still hold these feelings. Rights Commission and United States Attorney are taking a hand in the Berks County issue. Ed Rendell has already told his Secretary of State Ramos and he has started through his office to intervene on the issue. But we have to do something other than just take care of their commissioners. As those 80-something percent people indicate, we have to begin and be very much aware of the bigotry, racism, that is still out there. Thank you.
Thank you very much. The Chair recognizes Councilman DiCicco. (Applause.)
I expect the applause was for Councilman Ortiz and not for my introduction. Thank you, Madam President. I just would like to take a brief moment to congratulate the two gentlemen who have been recently appointed to the Convention Board. I've known Al Mezzaroba and his family just about all of my adult life. Al has always considered to be, as Councilman Cohen said, a very intelligent and wise man, and I can a more personal note because back in 1995 Al Mezzaroba was considering running for 1st Councilmanic seat. He decided to withdraw, so I know he was very intelligent. I know him to be a very intelligent man because he decided not to run against me. (Laughter.)
But I would also really like to say that I want to congratulate a person whom I'm proud to call my friend, Councilman Nutter, our colleague, on his appointment as Chair of the Board. All of us know Michael's hard work ethic. He's a very fair man. And the one thing about Michael we all can attest to is that he is very thorough. So I think that Michael's appointment to the Convention Center Board will get through some of the problems that have been existing for a long period of time. The one thing about Michael, he will never make the personal. There were some comments made by some the folks in the paper yesterday about not liking Al Mezzaroba. And those are the kinds of things that I think have gotten us into trouble at the Convention Center. Too many personalities, both personal, have interfered with that process. And I know that Michael, again, from my experience working with him here in City Council for the better part of seven years, will avoid all those childish things that probably go on on a day-to-day basis there and will get through that and will be a blessing to all of us, because I know that Michael will always have one thing in mind when he makes decisions, and that is for the betterment for all the citizens of Philadelphia, not just for Michael Nutter's political future. So congratulations, Michael, on your appointment. (Applause.)
Thank you, Madam President. I would be remiss if I didn't say a special thank you, not only to the Mayor and Governor, but former President Clinton and Hilary Clinton last night when an alarm was going off, I was on the phone with Senator Hilary Clinton who talked about the mutual battles on health reform, et cetera, that we shared with her in the City when she Clinton was in the White House. And certainly she pledged her continuing support to the ideals that we all hold dear and ask that we keep in touch. So I certainly wanted to mention that because, you know, the struggle continues and we look forward to working with and supporting her as we continue on the challenges that affect the health industry and so many others that our people have to endure in this society. Thank you. (Applause.)
Thank you, Madam President. I'd just like to say to Councilwoman Blackwell and to the Blackwell family, you all did a fine job in sending out friend Lu home to his glory. And I know you did everything you could to reach out to all the groups who wanted to express some love for and appreciation to Lu Blackwell for what he did for this City. And the outpouring to him certainly demonstrated the love and respect people had for what he had done. We congratulate you on a wonderful job. I'd just like to say, on another note, his comments about everybody trying to work together is very important. And I support Councilman DiCicco in his comments about the two gentlemen who were working at the Convention Center. But I would seriously say that if all parties don't begin to take seriously the issues around the Convention Center, we're going to have a serious ripple effect in this City with the loss of business because the conventioneers who come to this City, spend their money in our local restaurants, our local hotels, and the decline is down. And then what happens? We begin to layoff employees. And what happens with that? You begin to lose revenue in the City. So everyone who has a stake in the success of the Convention Center, I call on to take fully their responsibility to note that they have a commitment and a responsibility to the citizens of this City of Philadelphia to work together to make sure that we do not have a ripple effect and have our citizens lose their jobs because of the in-fighting. Let's put aside all of our petty differences. And I leave with this, in the words of King, "Can't we just all get along?" Thank you very much. (Applause.)
Thank you, Madam President. Two things. One, I, similar to Councilwoman Tasco, want to say to our friend and colleague Councilman Blackwell, Jannie Blackwell, that I was certainly personally touched by her grace and demeanor in dealing with the events surrounding Councilman and Congressman Blackwell's passing. We also know that the Councilwoman suffered another personal loss a number of months ago with her mother. We see people at times, at least in this business, under some of the most trying and difficult circumstances, and we learn lessons from them as we try to live our lives. And I had to chance to privately express but now publicly express to Councilwoman Blackwell, Jannie Blackwell, my admiration for her in being the strong person that she has been over this very difficult period. Secondly, and to all of my colleagues were made by Councilman Cohen, Councilman DiCicco, and Councilwoman Tasco, I will certainly do my best in taking on this new challenge and responsibility. I will give it everything that I have and also, I'm sure at times, continue to drive many of you crazy at various hearings and budget hearings and the like. I may cut back to 25 questions per witness as opposed to usual 50. There's an immediate benefit to me going over there. But as Councilwoman Tasco, and I've tried to maintain this over the past few days of controversy, which I'm hoping will die down, I have a singular focus about this and one interest and one interest only. It's the customers, the work force, and the hospitality industry. I do not claim to have all the answers. There are 13 people on the Board who I believe are all committed to the same goals. There are some very important players in this. First and foremost is the Chief Executive Officer and the Mayor of our City, Mayor Street, plays an important role in making sure that things turn around over there. The Chief Executive Officer of the Commonwealth of Pennsylvania, Governor Rendell, plays a very important role. The Harrisburg, and regardless of how anyone may feel about the actions that we're taking, all of them play an important role, as well as the union leadership that provides the job opportunities for people at the center and the rippling effect that Councilwoman Tasco talked about into the surrounding industries that are dependent on the proper functioning and operation of that facility. My only interest here is in working with all those individuals and see if we can bring a positive turn-around to the center, and that's where I'm going to dedicate my efforts. I appreciate the comments. And more importantly, I would appreciate any support that can be directed toward making this thing work. And I thank all of you for your encouraging comments. Thank you, Madam President. (Applause.)
Thank you. The Chair recognizes Councilman O'Neill.
Madam President, thank you. The other day I learned for the first time that not only had Councilman Nutter been appointed Chair of the Convention Center Board but a law degree this week. One of the newspapers noted that in an editorial. I just wish they hadn't made it sound like an accusation. Thank you. (Laughter.)
Thank you. Are there any other speeches? The Chair recognizes Councilman Cohen.
I notice that a group of 25 or so people walked into the Chambers a bit late on the subject matter that they were most concerned about and for the placards displaying predatory lending. We want you to know that this Council took action on a resolution introduced by Councilwoman Tasco and commended her and the group that she's working with including ACORN for the wonderful work they're doing in that area. (Applause.)
I see my count is wrong, Madam President, there are far more than 25 representatives here. We're delighted that you're here and hope you continue your activities. Thank you.
Seeing none, the Chair recognizes Councilwoman Tasco.
Madam President, I move that Council stand adjourned until Thursday, February 13 at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, February 13, 2003. All in favor will indicate by saying aye. (Aye.)
The ayes have it. Council will stand adjourned until Thursday February 13th. (Council adjourned at 11:25 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of February 5, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public