COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, November 14, 2002 10:00 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 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 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, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
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 please take their seats. To give our invocation this morning, the Chair welcomes the Reverend James Mitchell of Pinn Memorial Baptist Church. He is here today as the guest of Councilwoman Brown. All members and guests will please rise. REV. MITCHELL: God is good. First giving honors to God to whom all holy praise is due, and certainly to the President and to the officers and members of this distinguished Council and to the members of the community at large. I am certainly honored and privileged to be with you this morning. And I would like to thank Councilperson Blondel Reynolds Brown for inviting me, and certainly to this Council for having me to share just a few moments of prayer at a time when the issues of war, personal security, national security, education, and the economy is at the forefront in many of our minds. But we know that prayer answers and changes all things. When we understand from whence the flows. The Psalmist says that, "I will lift up mine eyes unto the hills from whence cometh my help. For my help cometh from the Lord which hath made heaven and the earth. He will not suffer thy foot to be moved. He that keepeth thee shall not slumber. Behold, he that keepeth Israel shall neither slumber nor sleep. The Lord is thy shade upon thy right hand. The sun shall not smite thee by day nor the moon by night. The Lord shall preserve thy going out and thy coming in from this time forth and even forever more." Won't you please pray with me. Eternal God, our Father, we come thanking you this day. Thanking you, Father, for your grace and for your mercy. Thanking you, Father, for waking us up this morning clothed and in our right minds. For many laid down last night but did not arise again this morning. For justice has cut them off. But through grace and through mercy, you allowed each of us to continue for just a little while longer, and I thank you. I thank you, Father, for being a bridge over troubled waters and an anchor in times of sorrow. But I thank you more especially for your son, Jesus Christ, who came and died on the cross, paying the price for the sins of all the world. I thank you, Father, for this City Council meeting. And we pray that whatever issues are discussed, whatever decisions are made, whatever problems that may arise, that they may be resolved to the honor and to the glory of your holy name. We pray, Father, that you bless the president and each officer of City Council, that you prop them up on each and every leaning side. Grant unto them the wisdom to make the right decisions and the strength to carry them out. We pray, Father, for healing. We pray for restoring power. We pray, Father, for love. We pray for peace throughout the world. And we pray for an unselfish heart. Forgive us, Father, for all the wrong that we've done. Bless each head that's bowed and each family that's represented. Bless the sick and shut in. Bless our community, our elected and appointed officials on the local, the state, and the federal levels. Bless the bereaved and those less fortunate than ourselves. And finally, Father, when this old life on this earth is all over, grant unto each of us a place on the other side of the River Jordan where the wicked cease from troubling weary souls shall find rest. This is my prayer that I pray in the name of the Father, the Son, and of the Holy Spirit in the precious name of Jesus. Amen.
The Chair thanks Rev. Mitchell 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 October 31, 2002. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting OF Thursday, October 31, 2002, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 31, 2002, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries. The Journal of the meeting of Thursday, October 31, 2002, is approved. The next order of business is requests for leave of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absent on the part of the majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf the Republicans there are no requests for leave of absence.
The Chair thanks the judge gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our Council Session. We appreciate your taking us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time, I would like to recognize Councilwoman Tasco who will introduce guests that are with us today.
Thank you, Madam President. It is my pleasure today to welcome to Philadelphia from South Africa the very talented musical group "Thula Sizwe" which means "hush and listen." They have performed throughout the world to raise funds for the education, prevention, and treatment of HIV and AIDS in South Africa. They are sponsored in Philadelphia by St. Peter's Evangelical Lutheran Church in the 9th District of West Oak Lane. And we will also announce that they are going to perform in Philadelphia this weekend on Friday at 7:30. They will be at the Holy Communion Lutheran Church, 2110 Chestnut. On Saturday, the 16th, they're going to be at Calvary Lutheran Church, 54th and Springfield Avenue. We do not have a time. Anyone interested in going to Calvary Lutheran church call the church and confirm the time. And then on sun afternoon they will be at St. Peter's 74th and Briar Road at 3 o'clock and at 6:30 at Second Macedonia Baptist Church at 13th and Ruscomb. We certainly would like to have them stand and recognize them. They are accompanied by Mr. Fred Caliman of a Concerned Black Men of Philadelphia; Gwendolyn Austin, St. Peter's Lutheran Church; and Rev. Dr. Painter, Lutheran Pastor from South Africa, organizer of the tour, and he's from Chicago. Would you stand?
They will honor us with a brief musical selection, hush and listen. (Thula Sizwe sings.)
It was absolutely beautiful. Thank you so very much. At this time, the Chair recognizes Councilman Rizzo who will make a presentation honoring Charles Pizzi. Will Mr. Pizzi and those accompanying him please join the Councilman at the podium.
Good morning, Councilman Nutter, Mariano, Clarke, Brown, please join me. Again, good morning, everyone. We are here this morning honoring and congratulating Charlie Pizzi for his distinguished tenure as President and CEO of the Greater Philadelphia Chamber of Commerce. Whereas, throughout his distinguished career, Charlie Pizzi has been an effective advocate of business interests and regional corporation in the Greater Philadelphia area; and
Whereas, Mr. Charles Pizzi was appointed President and Chief Execute Officer of the Greater Philadelphia Chamber of Commerce in April 1989 by a committee of distinguished Chief Executive Officers of regional and multi-national corporations. In his role as the region's chief business advocate, Charlie has fostered relations with elected officials at every level of government to effect positive changes resulting in new legislation to enhance the competition of the region; and
Whereas, under Mr. Pizzi's leadership, the Greater Philadelphia Chamber one of the nation's largest, representing more than 6,000 members. In addition, he has tripled the Chamber's revenues, expanded its reserves, increased the numbers, caliber, and scope of the programs and events it produces; created a number of additional membership benefits, and has established a for-profit sub -- has recently established a Council for university presidents that includes 33 institutions from our region; and
Whereas, prior to his appointment as President of Chamber, Mr. Pizzi served as Commerce Director for the City of Philadelphia where he implemented the City's economic development strategies and served as Chair of the Mayor's Development Cabinet. In this role, he was credited with, among other things, leading the reorganization, construction, and expansion of the Philadelphia International Airport and the development of the Pennsylvania Convention Center; and
Whereas, Mr. Charlie Pizzi has work diligently and effectively for many years to ensure friendly and prosperous business climate so that this region may effectively marketplace. Being professional in his demeanor and tenacious in his resolve, Mr. Pizzi has tirelessly and successfully campaigned to put this region on the economic development and business map. Now, therefore,
Resolved by the Council of the City of Philadelphia that it hereby honors and congratulates Charlie Pizzi for his distinguished tenure as President and CEO of the Greater Philadelphia Chamber of Commerce. Further resolved that engrossed copy of this resolution be presented to Charlie in evidence of the sincere sentiments and best wishes of this legislative body as he embarks on a new journey in his career. Congratulations, Charlie. (Applause.)
Mr. Pizzi, it's wonderful having you back with us again. At this time, I would like to recognize you for remarks.
Thank you, Madam President. It's great always to be back in the Council to say that I spent lots of years here and very productive years. Sometimes we disagreed, but we always respected one another. And that's all you can expect from people in Philadelphia. I just want to say I know the cement masons are here today. That's my father's union and so there's lots of symbolism here. I'm very happy to be here. Thank you very much. And thanks my staff who did most of the work. (Applause.)
At this time, the Chair recognizes Councilmembers Blondel Reynolds Brown and Donna Reed Miller who will present a resolution calling on all Philadelphians to commit to helping people with diabetes. Will Ms. Barbara Maschak-Carry please join the Councilmembers at the podium.
Good morning. Let me first publicly thank Councilwoman Marian Tasco for that wonderful cultural experience to kick off It was truly enjoyable. Let me also give a very, very special welcome to our Chamber representatives of the American Association of Diabetes Educators, the American Diabetes Association, the Philadelphia Department of Health, and Advanta Pharmaceuticals, along with a number of other advocacy groups who are here lifting up the diabetes A1C Initiative. Challenging Philadelphians affected by diabetes, whether practitioners, educators, policymakers, patients or caregivers to pledge their commitment to help ensure that those with diabetes are living healthier lives. Whereas, in the United States, diabetes has reached epidemic proportions. In Pennsylvania alone more than 450,000 residents has been diagnosed with Type II diabetes and many others remain undiagnosed or untreated; and Whereas, the self-reported prevalence of diabetes among adults in Philadelphia is higher than in any of the other surrounding counties; and Whereas, people with diabetes, more than 90 percent of whom have Type II diabetes, cannot use insulin, a hormone that is necessary for converting sugar or glucose into energy; and
Whereas, elevated blood sugar levels are associated with a number of serious complications such as heart attack, stroke, blindness, amputation, and kidney disease; and Whereas, A1C, a test that measures blood glucose levels over a two- to three-month period, is considered the standard for assessing blood sugar control; and Whereas, an A1C below 7 percent is the goal established by the American Diabetic Association, ADA, and achieving this level is important to help reduce the risk of complications. However, more than half of Americans with diabetes undergoing treatment have unacceptable high blood sugar levels; and Whereas, there is a great need for the community at large to commit to ensuring that diabetes is properly monitored and treated in the United States; and
Whereas, we must help the population living with diabetes to live a as well as aim for, believe in, and achieve an A1C of less than 7 percent; and Whereas, if a patient has an A1C level higher than 7 percent, we must ensure that they are taking advantage of every possible resource to achieve target A1C levels. Now, therefore, be it resolved by the City Council of Philadelphia that we hereby challenge all Philadelphians affected by diabetes, whether practitioners, educators, policymakers, patients, or caregivers to pledge their commitment to help ensure that those with diabetes are living healthier lives. This is a true and correct copy of the original resolution adopted by this legislative body on the 31st day of October 2002. Signed by our leadership, President Anna C. Verna, introduced by myself and Councilwoman Donna Reed Miller and sponsored by all City Council Members. We're delighted to present this to Barbara J. Maschak-Carry of the University of Pennsylvania. Congratulations. (Applause.)
The Chair recognizes Ms. Maschak-Carry for remarks.
Thank you. Thank you for recognizing diabetes as a major health problem that it is. The average hemoglobin A1C test for the United States is 9.5 which correlates to an average blood sugar of 250 to 300, which is way above normal. And that's what causes the complications of diabetes. So achieving a A1C of less than 7 percent can prevent devastating complications such as blindness, kidney disease, amputations, and heart attacks. For people with diabetes, please learn as much you can about treating it and contact the American Diabetes Association, the American Association of Diabetes Educators. And for those who have a high risk profile, be tested for diabetes so that early treatment can happen. Thank you.
Though we do resolution to present, I would like to knowledge someone who we all know. The Ninth Annual March of Dime in Achievement in Radio Awards were held on Tuesday, November 12th. The Air Awards highlighted the best radio talent in Philadelphia radio market. 1340 AM WHAT Radio was one of the many Philadelphia radio stations that participated in this annual event. During the Air Award ceremonies, 1340 AM WHAT's own Mary Mason received the Cal Rudman 2002 milestone award. The milestone award was created to recognize on-air personalities who have been in Philadelphia radio for 20 years or more. Ms. Mason was one of only nine people who received special recognition as being one of the pioneers in Philadelphia radio. In addition, Ms. Mason took home the award for best weekday talk show host, garnering two awards that day. While Christopher Swyer, Vice President and General Manager of 1340 AM WHAT won the award for best editorial, Now is the Time Post 911 commentary. This is a second year in a row for Mr. Swyer. Proceeds from the Air Awards benefit the March of Dimes, saving babies together. Our hats are off to Ms. Mary Mason and 1340 AM WHAT Radio for winning the awards. Congratulations, Mary. (Applause.)
The 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'm transmitting for the consideration of your honorable body a draft of a resolution entitled, 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 South Central Urban Renewal Area. And I am pleased to advise you that on November 13, 2002, I signed all of the bills that were passed at its Council Session and October 24th and October 31st.
Thank you. The messages will be printed in the Journal. AND RESOLUTIONS 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.
Thank you, Madam President. I move that the Rules of Council be suspended in order 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 will please signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolution today.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have one bill and one resolution.
The Clerk will AND RESOLUTIONS please read the title of the bill.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 197, by striking from the City Plan and vacating Wensley Street from the southwesterly line of the Delaware Expressway.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution.
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 motion carries. The Chair recognizes Councilman Mariano. (No response.)
He's apparently not in the room at the moment. The Chair recognizes Councilwoman Tasco.
The Clerk will please read the title of the Councilwoman Tasco's resolution.
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.) AND RESOLUTIONS
Thank you, Madam President. I have no bills or resolutions today.
Thank you, Madam President. On behalf of Councilman Mariano, I offer one resolution.
Thank you. The Clerk will please read the title of the resolution.
A resolution recognizing November 6, 2002 through December 4, 2000, as the month of Ramadan.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.) AND RESOLUTIONS
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 motion carries. Councilman Nutter, do you have any bills or resolutions to introduce today?
I have no bills or resolutions today, Madam President.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have one resolution this morning cosponsored by my colleague Councilman Ortiz.
The Clerk the please read the title of the resolution.
A resolution endorsing the 2002 virtual strike for child care and early education.
The Chair AND RESOLUTIONS recognizes Councilwoman Brown.
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 motion carries. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ortiz.
Thank you, Madam AND RESOLUTIONS President. I offer one resolution.
The Clerk will please read the title of 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 the South Central Urban Renewal Area.
Thank you, 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 say aye. (Aye.)
The ayes have it, and the motion carries. AND RESOLUTIONS The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending Section 19-1800 of the Philadelphia Code entitled, "School Tax Authorization," by adding a new Section 19-1801 providing for a cap on tax increases, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 19-1300 of the Philadelphia Code, entitled "Real Estate Taxes," by adding a new Section 19-1306 providing for a cap on tax increases, all under terms and conditions.
And an ordinance amending Title 11 of the Philadelphia Code, entitled "Streets," by adding a section requiring approval by City Council before certain permits are granted allowing the closure of city streets, all under certain terms and conditions.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Longstreth.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees. And the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, of the Whole reports out one bill 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. 020115, entitled an ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes," by eliminating the prepaid structure of the tax by clarifying the treatment of the calendar and fiscal taxpayers and by amending definitions of the tax, under certain terms and conditions, respectfully reports it has considered and amended the same and returns the attached bill 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 No. 020115. (Duly seconded.)
It has been that the Rules of Council be suspended so as to permit first reading this day of Bill No. 020115. All in favor will signify by saying aye. (Aye.)
The ayes have it. And Bill No. 020115 will be placed on today's First Reading Calendar. The Chair recognizes Councilman Kenney for a report from the Committee on Rules.
Thank you, Madam President. The Committee on Rules reports out one bill with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia. The Committee on Rules to which was referred Bill No. 020590, entitled an ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded generally by Oregon Avenue, 20th Street, the Walt Whitman Bridge approach, and I-76, respectfully reports it has considered the same and 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 this day of Bill No. 020590. (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 No. 020590. All in favor will signify by saying aye. (Aye.)
The ayes have it. And Bill No. 020590 will be placed on today's First Reading Calendar. The Chair at this time recognizes can Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out four bills with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Finance to which was referred Bill No. 020665, entitled an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Centralized Comprehensive Human Services for the Hospital and Higher Education Facilities Authority of Philadelphia to issue bonds and to loan the proceeds therefrom to finance and refinance a project for the borrower located at 112 North Broad Street; And Bill No. 020670, entitled an ordinance constituting the Ninth Supplemental Ordinance to the restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented, authorizing the Bond Committee or a majority of them to issue and sell from time to time either at public or private sale in one or more series or subseries water and wastewater revenue bonds; And Bill No. 020674, entitled an ordinance constituting the Eighth Supplemental Ordinance to the restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented, authorizing the Bond Committee or a majority of them to issue and sell either at a public or private sale in one or more series or subseries water and wastewater revenue bonds; And Bill No. 020677, entitled an ordinance amending Section 10-1001 of the Philadelphia Code entitled "Fees of Commissioner of Records," by providing for new recording fees, under certain terms and conditions; Respectfully reports it has considered the same a returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 020665, 020670, 020674, and 020677. (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. 020665, 020670, 020674, 020677. 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. At this time the Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services.
Thank you, Madam President. The committee on Streets and Services reports out 25 bills with a favorable recommendation.
To the President and members Philadelphia, the Committee on Streets and Service to which was referred Bill No. 020469, entitled an ordinance establishing a parking regulation on Carlisle Street, west side, Ritner Street to Porter Street; And Bill No. 020471, entitled an ordinance establishing a parking regulation on Catharine Street, both sides, 19th Street to 20th Street; And Bill 020470, entitled an ordinance establishing a parking regulation on Colorado Street, both sides, Bainbridge Street to Fitzwater Street; And Bill No. 020472, entitled an ordinance establishing a parking regulation on Fitzwater Street, both sides, 21st to 22nd Street; And Bill 020473, entitled an ordinance establishing a parking regulation on Carlisle Street, west side, Porter Street to Shunk Street; And Bill No 020489, entitled an ordinance establishing a parking regulation on Millick Street, west side, Market Street to Arch Street; And Bill No. 020499, entitled an regulation on Perot Street, south side, 23rd Street to 24th Street;. And Bill No. 020501, entitled an ordinance establishing a parking regulation on Croskey Street, west side; And Bill No. 020502, entitled an ordinance establishing a parking regulation on Park Avenue, west side, Rising Sun Avenue to Ontario Street; And Bill No. 020544, entitled an ordinance establishing a parking regulation on 43rd Street, west side, Larchwood Avenue to Osage Avenue. And Bill No. 020545, entitled an ordinance establishing a parking regulation on 48th Street, both sides, Chester Avenue to Springfield Avenue; And Bill No. 020546, entitled an ordinance establishing a parking regulation on 55th Street, west side, Ludlow Street to Chestnut Street; And Bill No. 020547, entitled an ordinance establishing a parking regulation on Baltimore Avenue, both sides; Bill No. 020559, entitled an ordinance establishing a parking regulation on Sigel Street, side, 13th Street to Juniper Street; And Bill No. 020560, entitled an ordinance establishing a parking regulation on Fitzwater Street, both sides; And Bill No. 020561, entitled an ordinance establishing a parking regulation on Juniper Street, west side. And Bill No. 020562, entitled an ordinance establishing a parking regulation on McKean Street, both sides, 12th Street to 13th Street. And Bill No. 020563, entitled an ordinance establishing a parking regulation on 11th Street, east side, Catherine Street to Christian Street. And Bill No. 020564, entitled an ordinance establishing a parking regulation on Ninth Street, both sides. And Bill No. 020602, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 197 by striking from City Plan Kingston Street from Richmond Street to Allen Street; And Bill No. 020604, entitled an Reserve Bank to construct, own, and maintain concrete planters on the west footway of Independence Mall West; And Bill No. 020605, entitled an ordinance authorizing Borders Bookstore, a tenant of the property One South Broad Street, to construct, own and maintain, six rigid awnings projecting form the building One South Broad Street; And Bill 020680, entitled an ordinance amending Section 2 of an ordinance, Bill No. 010384, approved August 31, 2001, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 196 by extending the period for compliance with the authorization conditions therein; And Bill No. 020687, entitled an ordinance authorizing Castlepoint NUMA to construct, own and maintain six cast stone planters on the east footway of 17th Street; And Bill No. 020688, entitled an ordinance amending Section 2 of an ordinance, Bill No. 990306, approved June 24, 1999, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No.
120, by compliance with the conditions stated therein; 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 this day on Bills No. 020602, 020604, 020605, 020680, 020687, and 020688. (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. 020602, 020604, 020605, 020680, 020687, 020688. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on today's First Reading Calendar. The remaining 19 bills will be placed on the First Reading Calendar for our next Session of Council. The Chair recognizes Councilman Nutter for a report from the Committee on Commerce and Economic Development.
Thank you, Madam President. The Committee on Commerce and Economic Development reports one bill with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Commerce and Economic Development, to which was referred Bill 020648, entitled an ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes," by readopting and clarifying a pilot program under which a credit against Business Privilege Taxes will be given to certain businesses that contribute monies to community development corporation undertaking economic development of Philadelphia, all under certain terms and conditions, respectfully reports it has considered and amended the same and returns the attached bill 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 Bill No. 020648. (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 020648. All in favor, please indicate by saying aye. Those opposed? (No response.)
The ayes have it. And Bill No. 020648 will be placed on today's First Reading Calendar. Our next item of business is Calendar. The Clerk will please read the bills on the First Reading Calendar.
Bill No. 020115, an ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes," by eliminating the prepaid structure of the tax by clarifying the treatment of the calendar and fiscal taxpayers and by amending definitions of the tax, under certain terms and conditions.
And Bill No. 020590, an ordinance amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded generally by Oregon Avenue, 20 Street, the Walt Whitman Bridge approach, and I-76.
And Bill No. 020665, an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Centralized Comprehensive Human Services to issue its bonds and to loan the proceeds and refinance a project for the borrower located at 112 North Broad Street.
And Bill No. 020670, an ordinance constituting the Ninth Supplemental Ordinance to the restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented, authorizing the Bond Committee to issue and sell from time to time either at public or private sale in one or more series or subseries water and wastewater revenue bonds.
And Bill No. 020674, an ordinance constituting the Eighth Supplemental Ordinance to the restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented, authorizing the Bond Committee or a majority of them to issue and sell either at a public or private sale in one or more series or subseries water and wastewater revenue bonds of the City of Philadelphia.
And Bill No. 020677 an ordinance amending Section 10-1001 of the Philadelphia Code entitled "Fees of Commissioner of Records," by providing for new recording fees, under certain terms and conditions.
And Bill No. 020602, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 197 by striking from City Plan Kingston Street from Richmond Street to Allen Street.
And Bill No. 020604, an ordinance authorizing the Federal Reserve Bank to construct, own, and maintain concrete planters, bollards and removable bollards on the west footway of Independence Mall West, all under certain terms and conditions.
And Bill No. 020605, an Bookstore, a tenant of the property One South Broad Street, to construct, own and maintain, six rigid awnings projecting form the building, under certain terms and conditions.
And Bill No. 020680, an ordinance amending Section 2 of an ordinance, Bill No. 010384, approved August 31, 2001, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 196 by extending the period for compliance with the authorization conditions therein.
And Bill No. 020687, an ordinance authorizing Castlepoint NUMA to construct, own and maintain six cast stone planters on the east footway of 17th Street, all under certain terms and conditions.
And Bill No. 020688, an ordinance amending Section 2 of an ordinance, Bill 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE No. 990306, approved June 24, 1999, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 120, by extending the time for compliance with the conditions stated therein.
And Bill No. 020648, an ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes," by readopting and clarifying a pilot program under which a credit against Business Privilege Taxes will be given to certain businesses, all under certain terms and conditions.
Thank you. The bills just read by the Clerk will be placed on the Second Reading and Final Passage Calendar for our next session. That concludes the first reading calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up the bills to be considered on the Second Reading and Final Passage Calendar today. 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE
Thank you, Madam President. Today Bill Nos. 020491, 020480, 020576, 020603, and 020633 are being called up for consideration for the Second Reading and Final Passage Calendar. Bill Nos. 202313, 020537, and 020538 are being amended.
I believe, Councilwoman, Bill No. 020490 is also being called up.
Thank you, Madam President. I didn't have that designation. My understanding is all other bills are being held.
Madam President, I'm making a motion to have Bill 020490 removed from the table today, and I wish to be heard on it. (Duly seconded.)
It has been moved and seconded that Bill No. 020490 be removed from the table.
Roll call, Madam 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE President?
Can you clarify vote if we're going to a roll call, Madam President.
If you're voting aye, it would be un-table the Bill No. 020490. If you're voting no it's not to have this bill removed from the table. The Clerk the please call the roll.
No. 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 7, the nays are 10. The motion fails. The Clerk will please read the title of Bill No. 020313.
An ordinance amending Title 4 of the Philadelphia Code, the Philadelphia 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE Building and Occupancy Code, by requiring that special certificates of inspections must be issued in connection with structures in Use Group E and making certain lead paint requirements applicable to such structures, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally?
Thank you, Madam President. This particular bill is only being called today for the purpose of making an amendment. The amendments were circulated yesterday. And I wish to move the adoption of the amendment to Bill 020313. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor signify by saying aye. (Aye.)
Those opposed? 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE (No response.)
The ayes have it. The motion carries. The amendment is adopted. The Clerk will please read the title of Bill No. 0204891.
An ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by providing that real estate taxes imposed by the Board of Education of the School District of Philadelphia for tax year 2003 and thereafter shall be based upon the assessed value of real estate as certified by the Board of Revision of Taxes in 2001, thereby freezing such taxes at the level imposed for tax year 2002, and by requiring that any other real estate taxes imposed by the Board of Education be based upon such assessed value, all under certain terms and conditions.
Earlier in caucus I said I would move on that bill. I have now changed 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE my position. I will hold that bill.
All right. The record will reflect that that at the request of the sponsor, Bill No. 020491 is being held for consideration today. The Clerk will please read the title of Bill No. 020537.
An ordinance amending Section 19-1301 of the Philadelphia Code entitled "Real Estate Taxes," by providing that the taxes leveled on a property under this section shall not increase in any one year by more than a specific percentage as a result of an increase in the assessed value of the property as returned by the Board of Revision of Taxes, under certain terms and conditions.
Thank you, Madam President. Madam President, this bill is also being called strictly for the purpose of an amendment of a technical nature. And I do wish to state for the record, given the sensitivity around these particular bills, both 020537 and 020578, and I said 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE this in the Caucus Room and indicated to my colleagues and I will also say it on the record, I'm asking for support for the amendment to this particular bill because of the technical issues involved. I respect my colleagues will maintain their right to make an ultimate decision on their vote on the actual bill should it come to a vote at a future point in time but that today's vote is strictly as an accomodation to a member trying to amend the bill and have the bill as perfect as possible. Subsequent actions that members may take, I will leave, naturally, to their discretion. So a vote for the amendment is in no way, shape, or form an indication of a members ultimate vote for this particular bill or Bill 020538. I move the adoption of the amendment to Bill 020537. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will signify by saying aye. (Aye.)
Those opposed? (No response.) 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE
The ayes have it. The motion carries and the amendment is approved. The Clerk will please read the title of Bill No. 020538.
An ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by providing that real estate taxes imposed by the Board of Education of the School District of Philadelphia on a property shall not increase in any one year by more than a specific percentage as a result of an increase in the assessed value of the property as returned by the Board of Revision of Taxes, under certain terms and conditions.
Thank you, Madam President. This bill as well is being called strictly for the purpose of the amendment. And the comments that I made earlier with regard to Bill 020537 would be the same for Bill 020538. I move the adoption of the amendment. (Duly seconded.) 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE
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 the motion carries. The Clerk will please read the title of Bill No. 020480.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development without consideration a deed situated on the northwest corner of Fifth and Huntingdon Streets, all under certain terms 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.
Councilman Clarke. 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE
Councilwoman Reynolds-Brown. 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020576.
An ordinance approving the sale of a certain lot or piece of City-owned ground with the buildings and improvements thereon erected, if any, situate at 923R South Second Street, all under certain 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.
Councilman Clarke. 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE
Councilwoman Reynolds-Brown. 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The final bill to be called for consideration is Bill 020633.
An ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land situated at the southeast corner of 50th Street and Parkside Avenue, all under certain 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.
Councilman Clarke. 11/14/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. And I would also like to knowledge that Bill No. 020603 is being held at the request of the sponsor. This concludes our Calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilman Ortiz.
Madam President, two ladies in the City of Philadelphia passed away during the last two weeks. They're incredible women, incredible fighters for civil rights, for rights, for the rights of the oppressed and poor folks. Edwina Baker and Onah Weldon have gone on but they have, I think, left a legacy in this City that will be long remembered by all of us who met them. And I would like for us to pay our respects to them by standing in their honor of their passing. (Moment of silence.)
Thank you. At this time the Chair recognizes Councilwoman Brown.
Thank you, Madam President. I wanted to seize the moment and take the time to update everyone on the latest developments regarding both the Liberty Bell and the National Constitution Center. As all of you may remember, we passed Resolution 020521 introduced by my colleague, Councilman W. Wilson Goode, calling upon the National Park Service to ensure equitable economic participation and opportunities arising from the Liberty Bell Pavilion Project and the appropriate memorializing of the eight individuals of African descent held in bondage at that site. at this time that the National Park Service has made a long overdue commitment to tell a fuller and more inclusive story of the Liberty Bell. While this commitment exists, it is imperative that those who care about this issue continue to speak out in a way that both Edwina Baker and Onah Weldon would like. That is why I am speaking out today to remind the Park Service that they must give a proper commemoration to the African men and women who lived and toiled near that site as the slaves of our nation's first president. Know that members of the Multicultural Affairs Congress, myself, and others are watching. I would also like to put on the record a slight expansion of the Op Ed that was published in the October 25th edition of the Philadelphia Inquirer. In that Op Ed I noted that Congressman Chaka Fattah exhibited strong leadership in gaining passage of an amendment to the Interior Department budget bill that requires the National Park Service to appropriate commemorate the enslaved Africans. What I failed to mention, and it is important to me that the record be clear, is that Congressman Bob Brady and Congressman Joe Hoeffel also played passage of that amendment. I want to thank all of our congressmen for their hard work and commitment regarding this important issue. I am also happy to report that progress continues with the James Dexter House. On October 10th we passed Resolution 020628 which I introduced urging the National Constitution Center and the National Park Service to properly relive the life and home of James Dexter. My staff continues to be in contact with the National Constitution Center officials who are communicating with us daily and have indicated that they're preceding to act on the wishes of this legislative body. Our resolutions are being heard and acted upon by those to whom they have been directed. We are encouraged to know that we are doing our fair share to speak on those issues for those we represent. So I thank you, Madam President, for update the record.
Thank you very much. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Madam President, not to be redundant. I remind those who heard the Thula Sizwe group speak, if they are interested in their performance this weekend, interested parties can call my office and we will give them the schedule as to where they will perform. And I also would like to say to my colleague Mary Mason, congratulations.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President. Based on a resolution unanimously passed by City Council, the Committee on Law and Government of which I'm proud to be Chairman has been hearings on the human experimentation that took place in the City's prisons 40 to 50 years ago in the period beginning in the 1950s and extending through a portion of 1970s. That appeared to result from a contract entered into by the City of Philadelphia with the University of Pennsylvania to permit various chemical companies under the supervision of a professor at Penn Medical School to conduct human experimentations. The technique was simple. They would convince prisoners who had no money and were extremely poor, almost all of them minority, not so, but about 99 percent, for the payment of maybe a half dollar or a dollar to go to the commissary to buy cigarettes or candy or something that they would accept being covered with all kinds test chemicals. We've been trying to find out how it was that the City of Philadelphia got involved, what the profits were that were made. Because now there are hundreds of people who were inmates in the prisons who apparently are suffering badly, medically, as a result of their agreements to accept this under really coercive terms. It was something like what took place at Tuskegee Institute which resulted in a national apology by Tuskegee and arrangement for the payment of all kinds of medical care expenses that occur when President Clinton acted against Tuskegee in 1994. Although the incidents in Tuskegee also occurred even longer ago than the ones in Philadelphia. The University of Pennsylvania has taken the position that City Council of Philadelphia has no power to subpoena witnesses despite expressed language in City Charter. Despite numerous efforts made by the Council Committee to get the cooperation Pennsylvania, we were finally informed flatly that the University of Pennsylvania believed that we had no power to enforce the subpoena. This coming Wednesday at 1:30 in Room 426 there is going to be a public hearing, that's November 20th, Wednesday November 20. There will be public hearing on the City Council's effort in the Common Pleas Court, Judge Carrafiello is scheduled to be -- I don't know whether he will be, but he's scheduled to be the presiding judge to consider the question as to whether or not City Council has the power to enforce the subpoena and compel testimony on matters related to legislation that we may be interesting in achieving. So everybody is invited. That's item one. And that's very important because what we'd like to get is at least an apology. We'd like to get assurance that proper medical care will be given, and where appropriate, there ought to be some form of recoupment of dollar losses by the people. But we expect that there may be a large contingent of the court room of the victims of the practice. There are about 400 people. Incidentally, the City of Philadelphia the Council Committee did at least make a partial showing by showing up and saying they had no records. They couldn't even decide whether somebody had been a prisoner in the City's prisons even as recently 1970. That will be a matter that is reserved for the future that we'll have to deal with. Secondly, let me deal with the results of the election that took place nationally last week and took place in Pennsylvania. In Pennsylvania, New Jersey, many of us were happy, even though we were very unhappy about what occurred throughout the rest of the country. Some of my colleague may have had just the reverse circumstances. But let me say to the newcoming democratic administration, we think Governor Rendell, compared to his opponent, was the better choice. That's at least the democratic version of it. But let there be no mistake, apparently lines in the country are getting very tightly drawn.
I don't understand how the republicans who still follow very clearly the trickle-down theory, that is, give money away to large developers whether they need it or not because they're going to create jobs; these jobs will people. I don't know how people still believe that because we now have 8 and a half million people unemployed, according to official records, and you can at least double or maybe triple that number by actual fact because, you know, once you get so discouraged about not getting a job, you're taken off of the unemployment list. I just think it's time for people in Philadelphia also to become to see what party stand for. They're not just social organizations. They have meaning and people have got to get involved in the political process. We're going to have our own elections in Philadelphia in the springtime for Mayor, for City Council, for a number of positions locally. It's very important that everybody get interesting in activity. Talk to your neighbors. Let them watch what's going on in the City because those of us in the majority in City Council, those who are democrats want to assure their continuation. And the republicans, we say, we'll meet you at the polls. Good luck to you, but not as much as you had this time. Thank you.
Thank you, Madam President. Madam President I'll do my best not to violate the pending bill rule, but I do want to talk very briefly about some information I received last night, and I believe members should have received it as well from the Board of Revision of Taxes; if not, I'll be sure to circulate it. I made a data request of the Board of Revision of Taxes based on comments and conversation and concerns of a number of Councilmembers with regard to the impact of the most recent assessment notices that were sent out to homeowners this past summer. And one of the concerns that's been raised, and it's a very legitimate concern, is who is actually been affected by this. The preliminary information seems to indicate that -- and I will specifically make reference to at least two members who I know spoke very passionately about this particular issue, both Councilman Cohen and Councilman O'Neill. With regard to whether it was low and moderate income people or those of slightly lesser means who were most affected by this or, as that wonderful quote other week, was this just an issue affecting rich people, but as the Councilman said, even rich people have some rights here in Philadelphia. In the finest political tradition, if it's possible, actually both members are correct. When you look at the analysis based on market value of the home, data seems to indicate that there were 228,600 people affected by an increase of somewhere of more than 0 percent and upwards of close to 300 percent. The BRT did an analysis based on home values of less than 25,000; 26,000 to 75,000; and then in $50,000 increments. What you find is that 110,824 received an increase of more than 0 less than 10 percent; and that 117,776 homeowners received an increase of more than 10 percent. When you look at what goes on in the number of people who have homes with the market value of $75,000 or less, which I think under anyone's analysis would probably cover many people who are low and moderate income, in that category, 85 percent of the people with a market value of $75,000 or less received an increase of somewhere between 0 and 10 percent. And 83 percent of people in that same category received an increase of more 10 percent. 94,276 people in the $75,000 or less market value category received an increase of more than 0, less than 10. 97,772 people received one of more than 10 percent. And on the issue of upper income homeowners and the impact on them, when you look at people who own a home with a market value of $126,000 or more out to infinity, that group of homeowner represents 3.4 percent of the total number of people who received an increase, 777,055. I think the preliminary analysis -- and this is by no means complete. As I said, I received the information last night. I think the analysis tells us that people in the low and moderate income categories have received substantially, by 83 and 85 percent numbers, substantially the bulk of the increases that all Philadelphians are experiencing here and people in the upper income categories, while they may be complaining which they have a right to do and they may be complaining louder than some other people, actually pale in comparison to the impact of these increases on low and moderate income people, again, with the assumption that many of those individuals have homes that would be in a value of $75,000 or less. I would be glad to get this information around, Madam President, if members don't have it. But I think it is informative and should help us in our deliberations about this very important issue here in Philadelphia. Thank you.
Thank you, Councilman. Does anyone else want to be recognized? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that Council stand adjourned until Thursday, November 21, at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday November 21st. All in favor will say aye. (Aye.)
The ayes have (Council adjourned at 11:30 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 November 14, 2002, 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