COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 401, City Hall Philadelphia, Pennsylvania Thursday, December 7, 2000 3:45 p.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 WILSON W. GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO PATRICIA RAFFERTY, CHIEF CLERK VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
Good afternoon, everyone. I note that the hour has come and it has gone; however, a quorum has been established and Council will conduct its business in the Caucus Room. So would all Members immediately go to the Caucus Room.
Madam Chair, point of order. Earlier this morning I signed bills from the Committee on Streets and Services and left them on my desk and they are no longer here. If anyone knows the whereabouts of those bills, please deliver them to me quickly.
Would all Councilmembers go into the Caucus Room so we can conduct our business. (Council met in Caucus Room.) (Introduction of speaker off the record.)
I would ask all members and guests to please rise. (Prayer by Reverend Mariot Hall.) APPROVAL OF THE JOURNAL
The next order of the business is Approval of the Journal of the meeting of Thursday, November 16, 2000. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of Thursday, November 16, be approved.
The ayes have it, and the Journal of Thursday, November 16, 2000, stands approved. The next order of business is requests for leaves of absence. The Chair recognizes Councilwoman Blackwell.
Thank you Madam Chair. A leave of absence is requested for LEAVES OF ABSENCE Councilwoman Tasco.
Leave will be granted. The Chair recognizes Councilman Rizzo. Are there any requests for leave of absence?
Leave will be granted. The Chair will dispense with all our regular order of business to welcome our guests. We have no presentations. Next order of business is Communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the messages from the Mayor.
To the president and members of the Council of the City of Philadelphia. I am pleased to advise you that I have signed all the bills that passed Council at it's session on November 16, 2000. And I am transmitting for the INTRODUCTION OF BILLS AND RESOLUTIONS consideration of your honorable body a draft of a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal portion of the West Philadelphia Redevelopment Area. And a resolution approving the redevelopment contract and disposition supplement of the Redevelop Authority of the City of Philadelphia for the redevelopment and the urban renewal of a portion of the New Kensington and Fishtown Urban Renewal area. That's all that I have, Madam President.
The messages will be printed in the Journal. The Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions. And the Chair recognizes Councilwoman Blackwell for a motion. INTRODUCTION OF BILLS AND RESOLUTIONS
Madam President, I move that all bills be considered 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 will signify by saying aye. (Aye.)
The ayes have it and the motion has been adopted. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two resolutions which I request be referred to the appropriate committee.
The Clerk will please read the title of the resolutions.
An resolution authorizing City Council's Legislative Oversight Committee to INTRODUCTION OF BILLS AND RESOLUTIONS hold public hearings on the establishment of Rainy Day Fund for the City of Philadelphia.
This resolution will be referred to the appropriate committee.
And a resolution authorizing City Council's Public Property Committee to hold public hearings on the potential benefits and drawbacks to the City of selling the Philadelphia Gas Works.
This resolution will be referred to the appropriate committee. The Chair recognize is Councilwoman Blackwell.
Thank you, Madam President. Today I introduce three bills on my behalf and three resolutions as well, in addition to one bill on your behalf.
Thank you. The Clerk will please read the title of the first resolution.
A resolution authorizing the Commission of Public Property to execute and deliver INTRODUCTION OF BILLS AND RESOLUTIONS to the Redevelopment Authority of the City of Philadelphia deeds located in the 44th, 46th, 51st and 60th Wards of the City of Philadelphia.
Madam President, I move the adoption. (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. The resolution has been adopted. The Clerk will please read the title of the second resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia which includes inter alia the redevelopment and urban renewal of a portion of the INTRODUCTION OF BILLS AND RESOLUTIONS West Philadelphia Redevelopment Area.
Madam President, I move the adoption. (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. The resolution has been adopted. The Clerk will please read the title of the third resolution.
A resolution approving a change to the institutional development plan for the Divinity School Institutional District bounded by Locust Street, 42nd Street, and Spruce Street.
Madam INTRODUCTION OF BILLS AND RESOLUTIONS President, I move the adoption. (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. The resolution has been adopted.
The Clerk will please read the title of the first bill.
An ordinance amending Section 2 of an ordinance, Bill No. 990754, approved December 24, 1999, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No 246 .
This bill will be referred to the appropriate committee.
And an ordinance amending Section 2 of an ordinance, Bill 990713, approved December 21, 1999, entitled an ordinance authorizing the revision of lines and grades on a portion of INTRODUCTION OF BILLS AND RESOLUTIONS City Plan No. 42. And an ordinance amending Section 2 of an ordinance, Bill No. 990834, approved December 30, 1999, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 246.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 10-800 of the Philadelphia Code entitled "Safety," by adding a new section prohibiting the ownership, use, possession or same within the city of Philadelphia of any motor vehicle that uses tinted glass, all under certain terms and conditions.
The bill will also be referred to the appropriate committee. The Chair recognizes Councilman Cohen.
Madam President, I offer one resolution with a request that the Clerk read it in full.
The Clerk will please read the resolution in full presented by Councilman Cohen. INTRODUCTION OF BILLS AND RESOLUTIONS
A resolution authorizing the City Council of Philadelphia to retain independent legal counsel for the purpose of intervening, in support of the Philadelphia Fire Fighters Union, Local 22, in the lawsuit filed by the City Administration to vacate the arbitration award of November 1, 2000. Whereas, on November 1, 2000, a three-member arbitration panel issued an award establishing the final terms of the contract between the City of Philadelphia and the Philadelphia Fire Fighters Union, Local 22; and Whereas, on November 16, 2000, the City Council unanimously adopted a resolution urging the Mayor to honor the hard work and dedication of the members of Local 22 of the International Association of Fire Fighters by implementing their recent binding arbitration award; and Whereas, on December 1, 2000, the City Administration filed a motion to vacate the provisions of the arbitration award alleging, among other things, that the five-year plan would be violated and the fiscal stability of the City seriously compromised if the provisions of the INTRODUCTION OF BILLS AND RESOLUTIONS arbitration award were implemented, notwithstanding the fact that the City could have easily amended its five-year plan to accommodate the award just as it did after entering into contracts with the three other municipal unions; and Whereas, one of the key provisions of this arbitration award dealt with increasing the health benefits for our fire fighters as well as addressing the needs of those union members infected with the Hepatitis C virus; and Whereas, it is unconscionable for the City to ignore the health and safety of those city workers whose sole purpose is to protect the health and safety of all those who live, work, or visit Philadelphia; now therefore, Be it resolved by the Council of City of Philadelphia that independent legal counsel be retained for the purpose of intervening the Council in support of the Philadelphia Fire Fighters Union, Local 22, in the lawsuit filed by the City Administration to vacate the arbitration award of November 1, 2000.
The Chair recognizes Councilman Cohen. INTRODUCTION OF BILLS AND RESOLUTIONS
Madam President, I move the adoption of the resolution. (Duly seconded.)
Yes. In all my years as an attorney, one practicing both labor law as well as general law, this is the first time I've ever had the occasion to find a government official seeking to turn upside down labor law history. Arbitration has been chosen originally by employers, finally accepted by employees as a means of ensuring labor peace and a bringing an end to labor struggles where the two parties themselves cannot agree. Without arbitration, the only choice people have is to go out on strike. And fire fighters are people whom no one can afford to have go on strike. Just like the police, they always have to be on duty. And the one way that everybody has agreed on as a fair method is to provide for a method whereby both parties present to an impartial board their positions, and a decision is made and both parties -- Madam President, I'm going to ask for the attention of the members of the Council. INTRODUCTION OF BILLS AND RESOLUTIONS
Maybe others don't feel that it's urgent to have a means to labor disputes, but I don't know how the City would operate if we didn't have this method and I don't know how labor and business would get along at a national level if we did not find some way to settle disputes where the parties otherwise would have no other alternative than to disrupt very important activities by strikes or lock-outs. This Mayor has decided he is going create a new system of labor law and upset the whole concept of arbitration. He has decided that the City of Philadelphia, while it always insists wrongly that every arbitration award in favor of the City be fully and faithfully carried out by everybody, that when an arbitration award is not liked by a Mayor, the Mayor says "I'm going to go to court to try to upset it." That he'll be defeated in court is a given, but it puts Philadelphia in a terrible position to set an example for all people involved in labor matters to believe that arbitrations do not have to be accepted. INTRODUCTION OF BILLS AND RESOLUTIONS That's the reason for this resolution. I think it's extremely important for the courts, since the City has filed an action in court to overturn the arbitration, it's extremely important for City Council to make clear to the courts and to everyone that it favors the continuation of arbitration and supports arbitration awards. We did that. We passed a resolution about a month ago stating our support for this arbitration when the Mayor first announced his distaste for it. And then the Mayor has gone ahead and caused an action to be filed in court. And this resolution is introduced with 11 of the 15 Councilmembers here co-sponsoring this resolution. And, Madam President, I'm going to be asking for roll call vote on this resolution. I think it's of first urgency.
Thank you, Madam President. I'll be very brief. I was proud to help co-sponsor the resolution weeks ago honoring -asking people to honor the arbitration award. I believe that if the City can honor that arbitration INTRODUCTION OF BILLS AND RESOLUTIONS award, they should. I believe that maybe it needs to be fought out in court. I do not believe this Council should be suing the Administration. I'm growing tired of this whole show. And I suspect that if these cameras weren't here today that some of the Councilpeople here wouldn't know how to do what they think their jobs are. But let this matter be settled in court without Council trying to interfere. And I will be voting against this resolution.
Aye. INTRODUCTION OF BILLS AND RESOLUTIONS My count is 10 to 4. Councilman Mariano was not in the room when the vote was taken. The resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I was given a resolution on behalf of the Councilman.
The Clerk will please read the title of the resolution.
A resolution recognizing November 27, 2000 through December 26 as the Month Ramadan.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. INTRODUCTION OF BILLS AND RESOLUTIONS All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has been adopted. The Chair recognizes Councilwoman Miller.
The 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 deeds located in the 13th Ward of the City of Philadelphia.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be INTRODUCTION OF BILLS AND RESOLUTIONS adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has been adopted. The Chair recognizes can Councilman Nutter.
Madam President, I have no bills or resolutions today.
The Chair thanks the gentleman. I'm sorry, I believe we only read of one Councilwoman Miller's resolutions. The Clerk will please read the second resolution introduced by Councilwoman Miller.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 11th, 12th, 13th and 59th Wards of the City of Philadelphia.
The Chair recognizes Councilwoman Miller. INTRODUCTION OF BILLS AND RESOLUTIONS
I move 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.)
And you second it and the stenographer has it? Okay, now we're on track.
I want to vote yes on Councilman Cohen's fireman bill.
The record will indicate that the vote on that resolution is 11 to 4 in favor of the adoption of the resolution.
Madam Chair, I have to leave the room for a few minutes. I'd like to be recorded aye on any votes for bills or resolutions while I'm outside. INTRODUCTION OF BILLS AND RESOLUTIONS
The Chair recognizes Councilwoman Brown. Councilwoman Brown: Madam President, no bills or resolutions.
The Chair recognizes Councilman Ortiz -- Councilman DiCicco.
Thank you, Madam President. I offer two bills and two resolutions. One resolution is the Redevelopment Authority and the other is a privileged resolution.
The Clerk will read the title of the first resolution.
Move for the adoption of the resolution. (Duly seconded.)
It has been INTRODUCTION OF BILLS AND RESOLUTIONS moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has been adopted. The Clerk will please read the title of the second 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 the New Kensington Fishtown Redevelopment Area.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. INTRODUCTION OF BILLS AND RESOLUTIONS All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has been adopted. The Clerk will please read the title of the first bill.
An ordinance authorizing the Marriott Courtyard Hotel, tenant of the property 21 North Juniper Street to construct and maintain three aluminum flagpoles and three in-ground floodlight fixtures in and on the public right-of-way of North Juniper Street adjacent to 21 North Juniper Street, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by prohibiting sidewalk sales on the 2200 block of Swanson Street, both sides.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke. INTRODUCTION OF BILLS AND RESOLUTIONS
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Title 4 of the Philadelphia Code entitled "The Philadelphia Building and Construction Occupancy Code," by providing additional methods by which the City may pay contractors the City hires to trim, prune, or remove trees that overhang or encroach on adjacent property. And an ordinance amending Title 4 of the Philadelphia Code entitled "the Philadelphia Building and Construction Occupancy Code," by adding a new Section PM 312.0 entitled Overhanging or Encroaching Trees.
This bill will be referred to the appropriate committee. Was there a second bill?
That bill will be referred to the appropriate committee also. The Chair recognizes Councilman REPORTS FROM COMMITTEES Longstreth.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilwoman Blackwell for the report from Committee of the Whole.
Madam President, the Committee of the Whole reports two bills and one resolution with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia. The Committee of the Whole to which was referred Bill No. 000342 entitled an ordinance amending Title 22 of the Philadelphia Code entitled "Public Employees REPORTS FROM COMMITTEES Retirement Code," by making certain corrections to address problems in the code due to typographical errors, oversights or inconsistencies by clarifying the definitions of various plans addressing various issues raised by the new five-year plan vesting program refining a drop program and correcting inconsistencies with respect to refunds and purchases of certain types of service credit. And Bill No. 000603 entitled an ordinance authorizing the City of Philadelphia to terminate an agreement by and between the City of Philadelphia and the Philadelphia Facilities Management Corporation relating to the operation of the Philadelphia Gas Works and establishing the powers, duties and responsibilities of the Philadelphia Gas Commission with respect to the Philadelphia Gas Works. And Resolution No. 000594 entitled a resolution directing the City Commissioners to place on the ballot at the Primary Election of 2001 the following referendum question: Do you favor the issuance of licenses to conduct small games of chance in the City of Philadelphia; respectfully reports it has considered the same and returns the REPORTS FROM COMMITTEES attached bills and resolution to Council with a favorable recommendation.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 000342 and 000603.
Do I hear a second? (Duly seconded.) It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading of Bill Nos. 000342 and 000603 at today's session. All in favor will signify by saying aye. And Resolution 000594 will be voted upon at the appropriate time. The Chair recognizes Councilman Kenney for a report from the Rules Committee.
Thank you, Madam President. The Committee on Rules reports out one bill with a favorable recommendation.
The Clerk will please read the title of the report. REPORTS FROM COMMITTEES
The Committee on Rules to which was referred Bill No. 000679 entitled an ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600 entitled "Miscellaneous," by amending Section 14-1616 entitled "East Falls Special District Controls," by expanding the areas subject to the controls under certain terms and conditions, reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Madam President, I move that rules of Council be suspended so as to permit first reading of Bill No. 000679 today. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended in order to permit first reading of Bill 000679 at today's session of Council. All in favor will signify by saying aye. (Aye.) REPORTS FROM COMMITTEES
The ayes have it and Bill No. 000679 will be placed on today's First Reading Calendar. The Chair recognizes Councilwoman Blackwell for a report from the Finance Committee.
Thank you, Madam President. The Committee on Finance reports out three bills with a favorable recommendation.
The Committee on Finance to which was referred Bill No. 000581 entitled an ordinance amending Section 19-203 of the Philadelphia Code entitled "Payroll Deductions," by adding a new subsection permitting certain City employees to authorize additional payroll deductions. And Bill No. 000703 entitled an ordinance amending Section 19-203 of the Philadelphia Code entitled "Payroll Deductions," by authorizing payroll deductions for certain benefits REPORTS FROM COMMITTEES including deductions payable to American Family Life Assurance Company and the John Hancock Life Insurance Company. And Bill No. 000707 entitled an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of Budget Commonwealth of Pennsylvania under the Capital Redevelopment Assistance Program in an aggregate amount not to exceed $57,327,600, respectfully reports it has 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 today of Bill Nos. 000581, 000703 and 000707. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended in order to permit first reading of Bill Nos. 000581, 000703 and 000707 at today's session. REPORTS FROM COMMITTEES All in favor will indicate by saying aye. (Aye.)
The ayes have it and Bill Nos. 000581, 000703 and 000707 will be placed on today's First Reading Calendar. The Chair recognizes Councilman Kenney for a report from the Committee on Public Property.
Thank you, Madam President. The Committee on Public Property reports out one bill with a favorable recommendation.
The Committee on Public Property to which was referred Bill No. 000585 entitled an ordinance amending Chapter 16-400 of the Philadelphia Code entitled "Vacant and Surplus Properties," by amending Section 16-404 entitled "The Vacant Property Review Committee," by adding subsection on the Department of Commerce, respectfully reports it has considered the same and REPORTS FROM COMMITTEES returns the attached bill to Council with a favorable recommendation.
Madam President, I move the rules of Council be suspended so as to permit first reading of Bill No. 000585 today. (Duly seconded.)
It has been moved and properly seconded that rules of Council be suspended so as to permit first reading of Bill No. 000585 on today's First Reading Calendar. All in favor will signify by say aye. (Aye.)
The ayes have it. Bill No. 000585 will be placed on today's First Reading Calendar. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. The Committee on Streets and Services reports six bills out with a favorable recommendation. REPORTS FROM COMMITTEES