COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, April 15, 1999 10:18 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN AUGUSTA A. CLARK COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DAVID COHEN COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK DICICCO COUNCILMAN BRIAN J. O'NEILL COUNCILMAN RICHARD T. MARIANO COUNCILMAN FRANK RIZZO MARIE HAUSER, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 GREETING/INVOCATION P R O C E E D I N G S
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 their seats, visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Rabbi Linda Zerbarini from the Jewish Community Relations Council. She is here as the guest of Councilman Cohen. Members and guests will please rise. (All rise.)
Seek peace and pursue it. This is the task of every human being. Shalom, peace is also wholeness. Wholeness is possession, creation as it was meant to be. Peace is impossible without wholeness, completion. The creation of peace and wholeness in the world is the job of human beings and must be actively sought. You all, City Council, follow a particular aspect of this mandate as spoken by the profit Jeremiah. Seek the peace of this city and pray for it to the holy one. Your work is holy GREETING/INVOCATION work. The word itself implies inherent holiness. (Hebrew word) means service. You are public servants. (Hebrew word) also means worship. Through your work, you not only have the potential to manifest the divine in our city, but your service to Philadelphians, which is divine service, is worship itself. May the one who makes peace in the high heavens give you the strength to diligently pursue peace. May the one who blessed our ancestors bless you who are involved faithfully in seeking and pursuing peace and the wholeness of the City of Philadelphia. May the holy one of blessing reward you and remove from you every affliction, heal your bodies, and forgive you your failings entirely, and send blessing and success to all your endeavors, along with all those who serve the community seeking peace. And let us say amen. ALL: Amen.
The Chair thanks the rabbi for her inspiring invocation. JOURNAL APPROVAL (Council stands at ease. )
The next order of business is the approval of the Journal of the meeting of April 7, 1999. The Chair recognizes Councilwoman Clark.
Madam Chair, I move the adoption of the Journal of April 7, 1999.
It has been moved and properly seconded that the Journal of Wednesday, April 7, 1999 stand approved. All in favor will vote aye. Those opposed will vote nay.
(Addressing Councilman Nutter.) Did you say nay?
Oh, okay. You didn't think I was paying attention. The ayes have it, the motion carries. LEAVES OF ABSENCE The journal of Wednesday, April 7, 1999 stands approved
The next order of business is leaves of absence. The Chair recognizes Councilwoman Clark.
Madam President, there are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, a leave of absence is requested for Councilman Thacher Longstreth.
The Chair thanks the Councilman, and leave will be granted.
At this time, the Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers this morning. VISITOR RECOGNITION On behalf of all members of City Council, I welcome you to our City Council session this morning. We appreciate your taking 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. Councilman DiCicco, did you want to be recognized?
Madam President, I have guests here to be recognized. Should we wait till after the -
Okay, thank you. Madam Chair, this morning, I have the privilege to introduce a lady who's a journalist, an Italian journalist. She's with the largest and VISITOR RECOGNITION oldest newspaper in Sicily. Her name is Laura Anello, and she here at the invitation of the State Department, as part of a cultural exchange. She is accompanied by her State Department translator, Frank Lancetti. Miss Anello.
The chief clerk will please read the messages from the mayor.
April 17, 1999. I am pleased to advise you that I have today signed all the bills which were passed by Council on March 25, 1999. April 9 1999. To the President and Members of the City Council of the City of COMMUNICATIONS Philadelphia: I am pleased to advise you that I have today signed the following bills, which were passed by Council at its session on March 25th: Bill No. 980899 and 980948. April 14th. I am pleased to advise you that I have today signed bills passed by Council on April 7th. And an ordinance amending Chapter 19-1700 of The Philadelphia Code entitled "Review, Refunds, and Compromises" by changing the time limit for filing a petition for refund of monies collected by the Department of Revenue, including but not limited to, taxes, water and sewer rents, license fees, and interest in penalties thereon; and amending Chapter 19-1500 of The Philadelphia Code entitled "Wage Net Profit Tax" by changing the filing and payment date of the fourth-quarter employee earning tax return.
The messages will be printed in the Journal. The chief clerk will please read any other communications in her possession.
I have none, Madam President. INTRO. OF BILLS, RESOLUTIONS
The next order of business is introduction of bills and resolutions. The Chair recognizes Councilwoman Clark for the purpose of making a motion to suspend the rules.
Madam Chair, I move that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of their introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit consideration of resolutions at the time of introduction. All in favor will signify by voting aye. Those opposed? The ayes have it, the motion is carried. PRESENTATION - PGW EMPLOYEES
I believe that we have a presentation before we consider our calendar to be made today, which honors PGW employees Thomas Bush and Thomas Gallagher. I would ask Councilwoman Tasco to make a presentation, and the gentlemen join her at the podium, please. (Councilwoman Clark and PGW honorees come forward.)
It gives me great pleasure this morning to present this resolution to these two outstanding employees of the Philadelphia Gas Works. They represent the fine workforce over at PGW who provide the day-to-day service and operation to our ratepayers. This resolution recognizes and honors Philadelphia Gas Works employees Thomas Bush and Thomas Gallagher. Whereas, on the morning of Saturday, March 6, 1999, a gas explosion rocked the 400 block of Chandler Street in the City's Fox Chase neighborhood; And whereas, two off-duty Philadelphia Gas Works employees, Thomas Bush and Thomas PRESENTATION - PGW EMPLOYEES Gallagher, were both in the vicinity of the incident; And whereas, Thomas Bush, a 29-year veteran employee of PGW -- presently a major account service representative in the marketing department -- was visiting a friend on Chandler Street and assisting him with home repairs; And whereas, Thomas Gallagher, a 19-year veteran employee of PGW -- presently a dispatcher in the Distribution Department -resides on the very block where a natural gas leak precipitated the explosion; And whereas, Mr. Bush and Mr. Gallagher each responded immediately and spontaneously to the 6-unit apartment at 417 Chandler and rescued two injured tenants from the burning structure; And whereas, Mr. Bush and Mr. Gallagher acted without regard for their own safety, used their many years of on-the-job experience in the natural gas industry to evacuate the neighborhood and secure the area, thus preventing the possibility of further life-threatening injuries to other residences of Chandler Street; And whereas, Mr. Bush and Mr. Gallagher PRESENTATION - PGW EMPLOYEES continued to provide their expert skills and knowledge as they remained on the scene to report their findings to PGW and the Fire Department officials. Now, therefore, resolved that the Council of the City of Philadelphia recognize, honor, and salute Thomas Bush and Thomas Gallagher for their heroic deeds and actions on behalf of the residents of the 400 block of Chandler Street and for their quick thinking and fearless assistance to fellow citizens. Resolved further that an engrossed copy of this resolution be presented to Thomas Bush and Thomas Gallagher as an expression of the gratitude and appreciation of this legislative body. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 18th day of March, 1999. It is signed by Anna C. Verna, President of City Council, introduced by Marian B. Tasco, and supported by all members of City Council. We really want to congratulate you and thank you. PRESENTATION - PGW EMPLOYEES (Applause.)
Mr. Hayllar, who is the interim Executive Director of PGW, will make remarks.
Thank you. On behalf of 1900 Philadelphia Gas Works employees, Executive Vice President and Chief Operating Officer Gregory Martin will make a brief remark.
Good morning. It is indeed an honor for me to be a part of this recognition of two individuals who totally disregarded their own safety and rescued other individuals and saved lives. And I feel very grateful for that, not only for PGW but for the City of Philadelphia, and it's a pleasure to serve with Mr. Tom Bush here and Mr. Tom Gallagher. (Applause.)
Council will stand at ease. INTRO. OF BILLS, RESOLUTIONS
The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Clark.
Madam President, today I have one bill and one resolution on behalf of the 5th District.
The noise level is much too high, we're trying to conduct business. Thank you. The clerk will please read the title of the bill.
An ordinance authorizing La Liberte, LP, owner of the property 116 through 22 -
Excuse me, excuse me. May I ask that you carry your conversations into the corridor, please. Thank you. The chief clerk will please read the title of the bill. INTRO. OF BILLS, RESOLUTIONS
An ordinance authorizing La Liberte, LP, owner of the property 116 through 122 South Seventh Street, Philadelphia, Pennsylvania, and at 1729 through 1735 Sansom Street, to construct and maintain building footings in and under the north footway of Sansom Street and the south footway of Stock Exchange Place.
The bill will be referred to the appropriate committee. 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 for properties situate in the 32nd, 37th, and 43rd wards of the City of Philadelphia.
It has been INTRO. OF BILLS, RESOLUTIONS moved and properly seconded that the resolution will be adopted. All in favor signify by saying aye. Those opposed? The ayes have it, the motion carries. The Chair recognizes Councilwoman Blackwell.
Madam President, I have two bills and one resolution.
The clerk will please read the title of the first bill.
An ordinance amending Chapter 19-1500 of The Philadelphia Code entitled "Wage and Net Profits Tax" by changing the filing and payment date of the fourth-quarter employee earning tax return.
The bill will be referred to the appropriate committee. The clerk will please read the title of the second bill.
An ordinance amending Chapter 19-1700 of The Philadelphia Code entitled "Review, Refunds and Compromises" by changing the time limit for filing a petition for INTRO. OF BILLS, RESOLUTIONS refund of monies collected by the Department of Revenue including, but not limited to, taxes, water, and sewer rents, license fees, and interest and penalties thereon.
The bill will be referred to the appropriate committee. 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 for properties situate in the 6th, 46th and 60th wards of the City of Philadelphia.
Madam President, 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. INTRO. OF BILLS, RESOLUTIONS Those opposed? The ayes have it, the motion is carried. The Chair recognizes Councilman Cohen.
The Chair thanks the Councilman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I have two resolutions; the first one is privileged.
The chief clerk will please read the title of the first resolution.
A resolution honoring Donald Edward Watson on the occasion of his retirement.
The Chair INTRO. OF BILLS, RESOLUTIONS recognizes Councilman Mariano.
Madam President, I vote for the adoption of this resolution. (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 motion is carried. The chief clerk will please read the title of the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for properties in the 7th, 18th and 19th wards of the City of Philadelphia.
Madam President, I move for the adoption. (Duly seconded.) INTRO. OF BILLS, RESOLUTIONS
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 is carried. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one bill and one privileged resolution.
The clerk will please read the title of the bill.
An ordinance amending Title 17 of the Philadelphia Code entitled "Contracts and Procurement" by amending Section 17-107 entitled "Contractors Labor Management Relationships" by revising the prevailing wage ordinance by extending the prevailing wage requirements to include all building and construction work contracts with the City agencies and City-related agencies, and by extending the prevailing wage requirement to INTRO. OF BILLS, RESOLUTIONS building or construction work contracts on which the City, City agencies, and City-related agencies funds are allotted or spent, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution proclaiming the week of April 25 to May 1, 1999 as "National Crime Victim Rights Week" and recognizing the contribution of crime victim service organizations and individuals in the City of Philadelphia.
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. INTRO. OF BILLS, RESOLUTIONS Those opposed? The ayes have it, the motion is carried. The Chair recognizes Councilwoman Miller.
The chief clerk please read the title of the bill.
An ordinance amending Chapter 12-2800 of the Philadelphia Code entitled Administration "Adjudication of Parking Violations" by amending Section 12-2809 entitled "Civil Penalties and Costs" by increasing the penalty for violation of Section 12-1120(2) from $100 to $300, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Nutter.
Madam President, I have no bills or resolutions today.
The Chair thanks the Councilman. The Chair recognizes Councilwoman INTRO. OF BILLS, RESOLUTIONS Tasco.
Madam Chair, I offer three bills and two resolutions.
The chief clerk will please read the title of the first bill.
An ordinance establishing a parking regulation on Godfrey Avenue, both sides, from Fifth Street to Broad Street.
The bill will be referred to the appropriate committee.
An ordinance amending Title 4 of The Philadelphia Code entitled "Building Construction and Occupancy Code" by amending Chapter 4-200 Subcode Property Maintenance Code PM related to motor vehicles.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 17 of The Philadelphia Code entitled "Contracts and Procurement" by amending Section 17-105 providing for conditions under which the City will disburse payment to prime INTRO. OF BILLS, RESOLUTIONS contractors.
The bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution authorizing the Committee on Health and Human Services to hold hearings on the air quality of Philadelphia.
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 -- oh, I'm sorry, that's to go to a committee, Councilwoman?
The resolution will be referred to the appropriate committee. I would ask that the second resolution INTRO. OF BILLS, RESOLUTIONS be read.
A resolution authorizing the Committee on Commerce and Economic Development to hold hearings on the impact of the reorganization of the reorganization of Kvaerner ASA on the City's investment in the development of the Philadelphia Naval Business Center.
The resolution will be referred to the appropriate committee. The Chair recognizes Councilman Ortiz.
Thank you, Madam President. I offer one bill and one non-privileged resolution cosponsored by Councilman Kenney.
The clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance (Bill No. 980045) approved April 13, 1998, an ordinance INTRO. OF BILLS, RESOLUTIONS authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Spring Street from 13th to Clarion Streets, under certain terms and conditions therein.
The bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution calling for the Legislative Oversight Committee to conduct hearings on why the zoning overlay for the South Street Headhouse District is not being fully enforced.
The resolution will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
The clerk will please read the title of the bill.
An ordinance INTRO. OF BILLS, RESOLUTIONS amending Title 14 of The Philadelphia Code relating to zoning and Planning by amending Chapter 14-100 entitled "General Provisions" by amending Section 14-102 entitled "Definitions," and by amending Chapter 14-1600 entitled "Miscellaneous" by amending Section 14-1605 entitled "Regular Uses," under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.
The clerk will please read the title of the first resolution.
A resolution urging Philadelphia Eagles owner Jeffrey Lurie and Executive Vice President Joe Banner, Director of Football Operation, and Tom Modrak and Head Coach Andy Reid to use their first-round draft pick to select Heisman Trophy winner and Maxwell Collegiate Award Winner Errick Lynne "Ricky" Williams. INTRO. OF BILLS, RESOLUTIONS
Councilman Nutter, did you want to be recognized?
Thank you, Madam President. I will be brief. Madam President, I generally do my best not to make mountains out of molehills, and I also try not to certainly take myself too seriously, but I do take the work of this legislative body very seriously, and I guess I'm just raising the question as to how or why we would somehow involve ourselves in recommending to, in this instance, the Philadelphia Eagles -- or in any other instance what the Phillies or the Flyers or the Sixers should do -- by way of player selection in the draft. I think, you know, as the Councilman INTRO. OF BILLS, RESOLUTIONS indicated to me, it's kind of a cute and interesting thing, and I mean I'm going leave it at that. But, you know, I really don't quite honestly feel qualified recommending what the Eagles should do, especially after the season that they just had. I don't have anything against Ricky Williams. I probably don't care as much about Ricky Williams as I do about Ricki Lake. I mean, it really doesn't matter in the whole scheme of things. (Laughter.)
But it's just highly unusual, I guess, that we would actually recommend to a team who they should get in the upcoming draft and then -- I mean, do we take responsibility for what happens afterwards? And, I guess, ultimately. You know, I would anticipate next season, in the fall, that there might be a resolution recommending that, you know, on 3rd and 3, rather than pass, they should run, or something like that. (Laughter.)
And, you know, I INTRO. OF BILLS, RESOLUTIONS just really wonder where we're going to end up with this. So those are my comments. I plan to vote against the resolution just on the mere motion of our making the recommendation. I'm sure Ricky Williams, you know, appears to be nice guy. I wish him well, hope he gets lots of endorsements and, you know, has a good life. But those are my comments for the day, Madam President. Thank you.
Councilman Nutter, you said "Ricky Williams," not Ricky Mariano? I just wanted to make sure.
Councilman, I know the difference between Ricky Williams, Ricki Lake, and Ricky Mariano.
Madam Chair, I agree with everything Councilman Nutter said. When I heard last night that this jocular resolution was being introduced, I had the same feelings. But I spoke to the sponsor this morning, and I understand that this is a gesture in support of the Administration, and I'm willing, as a member of the Minority, to support the Administration whether he ever I can. (Laughter.)
And since this, apparently, is being offered on the Administration's behalf, I will vote for it. Thank you.
Thank you. The Chair recognizes Councilman Cohen.
Madam President, I just wanted to note that I support fully the comments by Councilman Nutter. I'm not quite sure what Councilman O'Neill was -- I couldn't follow INTRO. OF BILLS, RESOLUTIONS what he was saying or the conclusions. I think I may support it; certainly I supported the first part. But seriously, I think it trivializes the actions of the City Council, and I think it's not at all appropriate for consideration by the Council. And I think the resolution ought to be withdrawn; and if not, I'm certainly going to vote no on that resolution. So I think maybe the acquisition of Ricky Williams or Ricky Mariano -- I'm not sure which -- would be very beneficial to the Eagles.
Councilman Rizzo, did you want to be recognized?
I believe a motion was made. There wasn't a second. (Duly seconded.)
For the resolution to pass, for passage of the resolution. INTRO. OF BILLS, RESOLUTIONS I believe someone asked for a roll call vote. The chief clerk will please call the roll.
Sorry, Madam President, would you defer for me for a moment until I catch up.
Councilman Mariano? INTRO. OF BILLS, RESOLUTIONS
Council President Verna, I'll vote no. So the ayes are 2 -- are your figures INTRO. OF BILLS, RESOLUTIONS 13 nayes and 2 ayes? What is it?
Madam Chair, I'm sorry, I'm discussing another matter and I did not hear the discussion. I have no problem with voting for a resolution so I'll vote aye on the resolution. I'm afraid I did not hear the discussion, but. . .
The motion fails. The chief clerk will please read the second resolution.
Madam President, I'd like the record to reflect that that resolution had the support of nine members of City Council going in.
The vote, as INTRO. OF BILLS, RESOLUTIONS I have it, the ayes are 3, the nayes are 11.
Defeated, that's what I said. The clerk will please read the second resolution.
A resolution authorizing the City Council of Philadelphia Committee of the Whole to conduct public hearings to examine the effects of the impending disposition of the shipbuilding properties held by Kvaerner ASA on the City of Philadelphia.
The resolution will be referred to the appropriate committee.
The next order of business is reports from committees. The Chair recognizes Councilwoman Clark for a report from the Committee of the Whole.
May I be recognized COMMITTEE REPORTS for a point of order?
For some reason or another, the report of the Committee of the Whole was placed on my desk this morning. I had assumed it was a Committee on Rules report and signed it and prepared to make the report of committee. It's not on Councilmember's Clark, and considering her vocal cord problem, perhaps it would be better that I did it.
Thank you, Madam Chair. The Council Committee of the Whole reports out three bills with favorable recommendations.