COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 401, City Hall Philadelphia, Pennsylvania Thursday, February 18, 1999 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN AUGUSTA A. CLARK COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DAVID COHEN COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN JAMES KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK DI CICCO COUNCILMAN BRIAN O'NEILL COUNCILMAN RICHARD T. MARIANO COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN FRANK RIZZO MARIE B. HAUSER, CHIEF CLERK VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 (215) 561-2220. OPENING AND INVOCATION
Good morning everyone. I note that the hour has come and that a quorum of this Council is present. The Council will come to order. Members will take this seats. Visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend William McCandless. He is the Chaplain of the Northeast Catholic High School for Boys and is the guest of Councilman Mariano. Members and guests will please rise.
Thank you, Madam President, esteemed Members of Council, and fellow citizens. Let's us take a moment to call to mind the presence of God. Heavenly father, all that you created and sustained, all the events you guide, all human works that are good and have good purpose prompt those who believe to praise and bless your name. We give thanks, Lord, to our great City of Philadelphia and for our wonderful citizens who reside here. May we always remain under your devine protection. May we always place our trust in you. And may we always act according to your will. We pray also in thanksgiving for the APPROVAL OF JOURNAL leaders of our great city, for the service and the good example that they have given us. May they be blessed many fold and be guided in wisdom, knowledge, and truth in their deliberations of this session. We ask this, as we ask all things, in your holy name. Amen.
The Chair thanks Father for his inspiring invocation. Council will now be at ease. (Council at ease.)
The next order of business is approval of the Journal of February 11, 1999. The Chair recognizes Councilwoman Clark.
Madam Chair, I move the adoption of the Journal of that date. (Duly seconded.)
Properly moved and seconded that the Journal of the meeting of Thursday, February 11, 1999 stands approved. All in favor will vote aye. Those opposed? The ayes have it. The motion carries. LEAVES OF ABSENCE The Journal of Thursday, February 11, 1999, is approved.
The next order of business is leaves of absence. The Chair recognizes Councilwoman Clark.
Madam President, today I am aware of no requests for leaves of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Longstreth.
Madam President, I have no requests for leaves of absence.
I didn't hear you, Councilman. Is there a request for a leave of absence?
The Chair will WELCOME AND PRESENTATIONS dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of Members of City Council, I welcome you to our Council Session this morning. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We invite you to come again.
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.
February 10, 1999, to the President and Members of Council of the City of Philadelphia. I am pleased to advise you that I have today signed the following bill which was passed by Council at its session on February 4, 1999, Bill No. 990002. To the President and Members of Council of the City of Philadelphia, I am transmitting for consideration of your honorable body a draft of a COMMUNICATIONS resolution entitled, 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 Model Cities Urban Renewal area identified by house addresses and street addresses as 1900 Fairmount Avenue, 1901, 1913 Spring Garden and 634 North 18th Street.
The messages will be printed in the Journal. The Chief Clerk will read any other communication in her possession.
There being none, the next order of business us introduction of bills and resolutions. The Chair recognizes Councilwoman Clark for the purpose of making a motion to suspend rules of Council.
Madam Chair, I move that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the INTRODUCTION OF BILLS AND RESOLUTIONS time of their introduction.
All in favor of the motion will signify by saying aye. Those opposed will say nay. The ayes have it. The motion to suspend the Rules to permit immediate consideration of all resolutions at the time of introduction has been passed. Councilwoman, do you have bills or resolutions for introduction?
Madam President, I have one bill and one ordinance to benefit the Fifth District.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by relocating a portion INTRODUCTION OF BILLS AND RESOLUTIONS of the westerly curb line of 20th Street between Cherry Street and Race Street under certain terms and conditions.
The bill will be referred to the appropriate committee. The Clerk will please read the resolution.
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 Model Cities Urban Renewal Area identified by house addresses and street addresses as 1900 Fairmount Avenue, 1901 and 1913 Spring Garden Street and 634 North 18th Street.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded. All in favor of the motion will signify by saying aye. INTRODUCTION OF BILLS AND RESOLUTIONS Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilwoman Blackwell.
Madam President, I have one bill and one resolution.
An ordinance amending section 9-205 of the Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalk sales on the 100 block of 30th Street, both sides.
The bill will be referred to the appropriate committee. The Chief Clerk will please read the resolution.
Madam President, I move the adoption. INTRODUCTION OF BILLS AND RESOLUTIONS (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion carries. The Chair recognizes Councilman Cohen.
Thank you. The Chair recognizes Councilwoman Krajewski.
Madam Chairwoman, I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Mariano.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam Chair. I offer one resolution on your behalf. INTRODUCTION OF BILLS AND RESOLUTIONS
The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia for deeds in the 40th ward of the City of Philadelphia.
It has been moved properly seconded. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer no bills or resolutions. INTRODUCTION OF BILLS AND RESOLUTIONS
Thank you. The Chair recognizes Councilman Nutter.
The Chief Clerk will please read the resolution.
A resolution authorizing the Committee on Commerce and Economic Development to hold hearings on the funding, siting, and construction of the two new sports stadiums for Philadelphia approved by the State Legislature and the Government in order to analyze the sources and uses of all proposed financing plans, to evaluate the impact on the City's General Fund in the Capital Program and to ensure that the taxpayers of Philadelphia are not subsidizing these proposed stadiums through general funds that would be utilized for municipal services, further authorizing the committee to review and analyze financing plans for stadium projects across the country and to develop recommendations for a final funding plan that is fiscally responsible and in the best interest of the citizens of Philadelphia.
The Chair INTRODUCTION OF BILLS AND RESOLUTIONS recognizes Councilman Nutter.
Madam Chair, I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Ortiz.
The Chief Clerk will please read the title of the resolution.
A resolution recognizing La Actualidad actual dod Newspaper, Inc. as they celebrate 25 years of service to the Latino community of the Delaware Valley.
The Chair INTRODUCTION OF BILLS AND RESOLUTIONS recognizes Councilman Ortiz.
Madam Chair, I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer one bill and two resolutions.
An ordinance amending Section 2, an ordinance 970827 approved March 2, 1998, entitled, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by widening 11th Street on the westerly side from Arch Street to a point approximately 229 feet southwardly therefrom and connecting with diagonal expansion to the existing confirmed curb line and house line under certain INTRODUCTION OF BILLS AND RESOLUTIONS terms and conditions including the dedication to the City of the widened portion of the 11th Street.
The bill will be referred to the appropriate committee. The Chief Clerk will please read the first resolution.
A resolution recognizing Engine Company 11, the first all African-American fire house in the City of Philadelphia.
I move for the adoption of the resolution, Madam President.
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chief Clerk will please read the INTRODUCTION OF BILLS AND RESOLUTIONS second resolution.
A resolution authorizing the Commission on Public Property to execute and deliver to the Redevelopment Authority of the city Philadelphia deeds for properties situate in the 31st Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been properly moved and second that the resolution be adopt. All in favor signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman O'Neill.
The Chair 2ND READING AND FINAL PASSAGE CALENDAR thanks the councilman. The Chair recognizes Councilman Longstreth.
Thank you. The Chair recognizes Councilman Rizzo.
The next order of business is reports from committees. Are there any reports from committees?
There being none, the next order of business is consideration of the Calendar. It is my understanding that we have no bills on the First Reading Calendar; is that correct?
We will now consider bills on the Second Reading and Final 2ND READING AND FINAL PASSAGE CALENDAR Passage Calendar. The Chair recognizes Councilwoman Blackwell for the purpose of calling bills on the Second and Final Passage Calendar.
Thank you, Madam President. All bills are being held with the exception of the last bill on , 990001, which is the pension bill.
Thank you. The Chief Clerk will please read Bill No. 990001.
An ordinance amending the Retirement System Ordinance, approved December 3, 1956, as amended, and amending the Municipal Retirement Benefit Plan 1987 Ordinance, which became effective January 8, 1987, as amended, by adding new Sections to, in the case of both Ordinances, provide for increases to the benefits of certain uniformed and nonuniformed retirees, beneficiaries and survivors by providing for certain increases, under certain terms and conditions; and making certain related technical amendments.
Madam President, I 2ND READING AND FINAL PASSAGE CALENDAR wish to offer a set of amendments to Bill 990001. These amendments were circulated yesterday, and the amendments are on the desks of each Councilmember in the Chamber today.
And I believe you gave a brief discussion on exactly what the amendments mean in the Caucus Room.
The Chief Clerk will please -- they're lengthy. Do we need to have the entire amendment read by the Chief Clerk, or can we simply give a copy to the stenographer?
At the ruling of the Chair, if the entire amended section is not going to be read, I think I would only ask that the particular section and the new language be cited at least for the record and we can give the stenographer the entire set of amendments.
I think that would be advisable. Will the Chief Clerk read the amendments?
Amendment 1, amend 2ND READING AND FINAL PASSAGE CALENDAR section 131.1 on and Section 1.1 on to read as follows: The first is "In addition, for purposes of determining eligibility, any member, beneficiary or survivor who does not meet the above eligibility criteria as of July 1, 1999 but who would meet the same criteria as of July 1, 2000, such member, beneficiary or survivor is eligible only to receive lump sum bonus payment to be made on July 15, 2000." Amendment 2, this language is being taken out -
For clarity, I believe it will be necessary to say where these additional words are placed in the bill before we go onto the next.
The second amendment is amending Section 131.2(a) on and Section 120.2(a) on to read as follows: The language is being taken out in the first paragraph where it says, "Within six (6) months of the establishment of the Pension Adjustment Fund" and this is being added. This is following that line 2ND READING AND FINAL PASSAGE CALENDAR right there. "After the Board has received the actuarial certification for the fiscal year ending June 30, 2000 and every year thereafter, but not later than six (6) months following the end of every fiscal year." The board shall develop various plans that the board shall consider for, and taking out the word "preliminary" approval, taking out "based on actuarial reports on the anticipating credits that may be transferred to the Pension Adjustment Fund after the actuarial certification for the fiscal year ending June 30, 2000." That's the end of the amendments for that paragraph. And third amendment, section 134.4(c) point C on and Section 120.4(c) on to read as follows: Paragraph (c), there is no correction in this one line here. If in any period of two (2) consecutive fiscal years, the Pension Adjustment Fund does not receive any credits, even though the Pension Fund's rate of return exceeds -taking out, ten percent (10%), and adding "one (1%) percent above the actuarial assumed earnings rate in each of the two consecutive fiscal years." That is the end of that Amendment in that paragraph. Further in that paragraph, the Board 2ND READING AND FINAL PASSAGE CALENDAR shall make a report, in writing, within thirty (30) days of the end of the two (2) -- adding, "consecutive fiscal," and that's the end of that amendment, "year period to the City Council to explain these circumstances."
Will Councilman Nutter agree that the Amendments offered should be those in compliance with the memorandum you submitted entitled Amendments to Bill No. 990001 offered by Councilman Nutter February 18, 1999? It's very difficult to follow orally. I believe the clerk read them accurately, but I think it would be good to have a document to rely on for the record purposes.
Yes, Councilman, my understanding, the ruling from the Chair was that the new language or the deleted language would be read into the record, but that the stenographer would be given the full and complete copy as each Council member has so that she can get the record correct.
Very good. Thank 2ND READING AND FINAL PASSAGE CALENDAR you. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Nutter.
Madam President, I move the adoption of these amendments. (Duly seconded.)
It has been moved and properly secondly that the amendments be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion to amend Bill No. 990001 having been moved and properly seconded will be printed and placed on the Final Passage Calendar for next meeting as amended. This concludes our calendar for today.
Are there any speeches on the part of the minority? Are there any speeches on the part of the majority? Councilwoman Tasco? 2ND READING AND FINAL PASSAGE CALENDAR
I do not have a speech, but I do have two guests I'd like to introduce to City Council. The Bennett College is a women's college located in Greensboro, North Carolina, and everybody in Philadelphia and the world knows that I attended Bennett College. The Board is retreating here this weekend at the Park Hyatt Bellevue. We have this morning with us the president of the college, Dr. Gloria Randall Scott who is the president. (Applause.)
In addition to being a Delta, Dr. Scott was formerly the national president of Girl Scouts. The next person with Dr. Scott is the president of the board of trustees, Dr. Glendora Putnam of Boston, Massachusetts, who is a former deputy assistant secretary for Fair Housing Equal Opportunity for HUD. We'd like to welcome them here today. (Applause.)
This evening there will be a reception at the Park Hyatt at 6 o'clock and we've invited all Councilmembers to attend and ADJOURNMENT hope they will come out and meet the leadership of our board and welcome them to Philadelphia. On Saturday we will have a recognition luncheon recognizing the top two young woman in all of the high schools throughout the City beginning grades 10, 11, and 12, and that program is tied in with a number of youth organizations and specifically the Girl Scouts, and we will give bell ringer awards to many local Philadelphia women for their outstanding service and for serving as role models in Philadelphia. And one of the honorees will be the wife of our Councilman Angel Ortiz, Lydia Hernandez, along with Rose Marie Greco, Emma Chappelle, Cecilia Yep and many other fine woman from Philadelphia. That is on Saturday, and if you'd like attend that luncheon at noon, please, Members of Council, let me know. You are invited. Thank you very much, and we welcome them to Philadelphia. (Applause.)
Thank you. Are there any speeches on part of the majority? There being none, the Chair recognizes ADJOURNMENT Councilwoman Blackwell for the purpose of making a motion for adjournment.
Madam Chair, we move that Council be adjourned until next Thursday February the 25th. Thank you.
It has been moved and seconded. The Council stands adjourned until Thursday, February 25, 1999, at 10 o'clock. All in favor will signify by saying aye. Those opposed? The ayes have it. Council stands adjourned until Thursday, February 25. Thank you. (Adjourned at 10:45 a.m.) C E R T 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 18, 1999, 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