COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 401, City Hall Philadelphia, Pennsylvania Thursday, February 17, 2000 10:00 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN W. WILSON 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 VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 (215) 561-2220. Welcome and Invocation
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. The Council will come to order. Members will take their seats. Visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Rabbi Shraga Sherman. He is here as the guess of Councilman DiCicco. Guests and members will please rise.
Council President and Councilman DiCicco, members of the City Council of the City of Philadelphia, distinguished officials, honored guests, my spiritual mentor, Ilababa Shraba (ph), blessed memory, he gave advice and guidance on religious as well as communal issues. He commented on the role of government and those that have the privilege of serving our people. The role of government is to balance communal and individual needs and communal and individual good. This is only possible when our society is governed by the principles of morality and justice, law and order under one God, the Supreme Being. After all, our founding fathers only a few blocks east of here, they stated that we are one nation under God. Even Welcome and Invocation our currency, the ver icon of materialism states, "In God we trust." Since people are bound to have vastly different believes, we should define the standard of morality and justice that must rule all people. How can the power of government be applied fairly and be applied efficiently? The underlying flaw of all governments, even democratic, is that they are based on human rules. Any government built solely on human judgment is bound to be subject to prejudice, to subjectivity, to arbitrariness, but it is God who created all people equal who has given us a system of absolute morality and justice. A society that yearns to be righteous must be built on ethical values. The very foundation of civilization rests on these basic principles, often referred to as the seven laws of Noah which were given to us via Moses at Mt. Sinai. The creed of Noah is one that resonates equally to every member of the human race, it's a sacred inheritance to all the children of Noah, every person can relate to it an internalize it, and if we do so, we will see the world to be very, very different. Welcome and Invocation Those seven principles are not to worship anyone or anything other than creator, the one creator who cares for all the creatures of the world, renewing the act of creation every single moment in his infinite wisdom. Not to show disrespect for the creator in any way. Not to murder, show respect for life. Respect the laws of marriage between husband and wife. Not to take that which does not rightfully belong to me, be it a physical property or intellectual property. Not to cause needless harm to any living thing. And to uphold the courts of truth and justice in the land. So how is it possible for a government to balance the good of society? We must look beyond our own self interest recognizing that we are all part of the same family and the same community, recognizing that we are bound by the same devine laws and intrusted with the same mission, to civilize the world in a meaningful and in a Godly fashion. May we all pray for God's guidance to continue our privilege of serving our City, fulfilling our duty to show our community what it stands for, to be sure such action is not always Approval of the Journal universally popular and may even affect election results in the coming term. However, all deeds of virtue, they require tremendous amounts of courage. I thank you for this opportunity to share some thoughts with you this morning, and may you all be blessed in your work. Thank you.
The chair thanks Rabbi Sherman 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 February 10, 2000. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of February 10th be approved.
It has been moved and properly seconded that the Journal of the Leaves of Absence meeting of Thursday, February 10, 2000 stand approved. All in favor will signify by saying aye. Those opposed say nay. The ayes have it and the Journal of Thursday, February 10, 2000 is approved.
The next order of business is the request for leaves of absence. The Chair recognizes Councilwoman Blackwell.
Thank you, 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 Chair, there are no requests for leaves of absence on behalf of the republicans.
Thank you. 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 Presentations to our Council Session this morning. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. I invite Councilman O'Neill to come forward at this time to make a presentation honoring Thomas DeLange. Will Mr. DeLange and those accompanying him please approach the podium? Councilman O'Neill.
Thank you, Madam President. This is a resolution honoring Thomas W. DeLange. Children, come up with your dad. You too. Whereas, Mr. Thomas DeLange, a Philadelphian born and bred, was raised in Port Richmond, but he has lived in the Northeast for 10 years. And today he is the pride of Bustleton. This hard working father of four took his first job at 16, served is country in the Navy, has worked for the US Mint and the Parking Authority, and has been a prison correctional officer for 10 years. Presentations Whereas, although October 14, 1999, started out as a day as any other, Mr. DeLange happened to noticed two suspicious-looking men leaving the home of his 85- and 90-year-old neighbors Anna and Andor Pustay. As the two men started running toward Red Lion Road and Haldeman Avenue, Mr. DeLange ran to check on his neighbors and then went after the men. Whereas, as Mr. DeLange gave chase, he pulled his truck in front of theirs, showed his badge, pinned the men in, and held them until which a crowd gathered called 911 and the police arrived. The jewelry which the men had stolen from the Pustays on the pretext of being Water Department inspectors was recovered; and Whereas, today the Pustays are fine. Two men are in jail. And what police later describe as an ongoing scam against the elderly has been stopped. As for Mr. Tom DeLange, he is still the family man he always was, still goes to work every day, still is a member of the Maternity BVM Church, and still maintains the cheerful, kind personality which has endeared him to one and all. The only difference is now he is regarded as a true hero who Presentations used his badge to the benefit to the entire community and who put the safety of his neighbors above his own. He has brought credit to this government, pride to all of Bustleton, and joy to his family. Therefore, resolved by the Council of the City of Philadelphia that we hereby honor and commend Mr. Thomas W. DeLange for his bravery and great civic spirit. He has made our City a safer and more neighborly place for us all, and today the gratitude of this Council is his. Further resolved that an engrossed copy of this resolution be presented Mr. Thomas W. DeLange as evidence of the respect and deep admiration of this legislative body. A certification this is a true and copy of the original resolution adopted by the Council of the City of Philadelphia on the 3rd day of February, 2,000. Signed by the President of City Council, Anna C. Verna, and cosponsored by every Councilmember. (Applause.)
The Chair recognizes Mr. DeLange for remarks. Communications
Madam President, attending here with Mr. DeLange are two of his bosses, Deputy Commissioner Earl Hatcher and Warden Walter Dunly who come down for this ceremony, as well as three children of Mr. DeLange, Lisa, Michele and Thomas, and one of the neighbors that he came to the rescue of Anna Pustay.
The next order of business is communications. The Chair requests that the Sergeant-of-arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and Members of the Council of the City of Philadelphia. Communications Attached please find a resolution authorizing the Office of Emergency Shelter and Services to apply for funds from the Pennsylvania Department of Community and Economic Development. And I'm transmitted herewith for the introduction and consideration of your honorable body a proposed ordinance amending Title 19 of the Philadelphia Code entitled "Finance, Taxes, and Collections," by adding a new chapter and imposing a tax on the rental of vehicles. And an ordinance authorizing the Mayor on the behalf of the City of Philadelphia to enter into amendments to the City's lease agreements with the Philadelphia Eagles, Limited Partnership, a Delaware limited partnership; and with the Phillies, a Pennsylvania limited partnership, co-tenants at the City's Veteran's Stadium. And an ordinance authorizing the Mayor on behalf of the City of Philadelphia to enter into agreements with the Philadelphia Authority for Industrial Development providing for lease from PAID to the City of a football practice facility to be developed at Broad and Patterson Avenue.
The messages Intro. of Bills and Resolutions will be printed in the Journal. The Chief Clerk will read any other communications in her possession.
There being none, the next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Madam President, I move that the Rules of Council be suspended as to consider resolutions at their time of introduction.
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 signify by saying aye. Intro. of Bills and Resolutions Those opposed, nay. The ayes have it and the motion is carried. The Chair recognizes Councilman Kenney.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Mayor on behalf of the City of Philadelphia to enter into amendments to the City's lease agreement with the Philadelphia Eagles Limited Partnership, a Delaware limited partnership, and with the Phillies, a Pennsylvania limited partnership co-tenants at City's Veteran's Stadium to provide for certain capital repairs, restorations, and replacement to be made to Veteran's Stadium, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer three bills on your Intro. of Bills and Resolutions behalf, one resolution on your behalf, and one on mine.
The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 19 of the Philadelphia Code entitled, "Finance Taxes and Collections," by adding a new chapter imposing a tax on the rental of vehicles.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Mayor on behalf of the City of Philadelphia to enter into amendments to City's lease amendment with the Philadelphia Eagles Limited Partnership, a Delaware limited partnership, and with the Phillies, a Pennsylvania limited partnership, co-tenants at City Veteran's Stadium to provide for capital repairs, restorations, and replacement to be made to the Veteran's Stadium in the event that ordinances necessary for the financing development and leasing of a new football stadium and of a new baseball ballpark are not enacted by City Council and approved by the Mayor by November 3, 2000. Intro. of Bills and Resolutions
The bill will be referred to the appropriate committee.
And an order authorizing the Mayor on behalf of the City of Philadelphia to enter into agreements with the Philadelphia Authority for Industrial Development providing for lease from PAID to the City of a football practice facility to be developed at Broad Street and Patterson Avenue and for lease back of said the practice facility from the City to PAID, the obligations of the City under the said agreements to become effective only in the event that ordinances necessary for the financing, development, and leasing of a new football stadium are not enacted by City Council and approved by the Mayor by November 3, 2000.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 14 of the Philadelphia Code entitled, "Zoning and Planning" by amending Chapter 14-200 inside of residential district by amending 14-226 entitled RC-6 and allowing new requirements to allow for the preservation of historically significant buildings Intro. of Bills and Resolutions and structures and for the establishment and amendments of the district, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver deed situate in the 36th Ward 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. Those opposed? The ayes have it. The motion is carried. (Applause.)
The Chief Clerk will please read the title of the second Intro. of Bills and Resolutions resolution.
And a resolution authorizing the Office of Emergency Shelter and Services to apply on behalf of the City of Philadelphia to the Department of Community and Economic Development, Commonwealth of Pennsylvania, for funds for a project for the prevention and alleviation of homelessness in Philadelphia.
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. Intro. of Bills and Resolutions The Chair recognizes Councilwoman Krajewski.
The Chief Clerk will read the title of the resolution.
A resolution authorizing the Commission of Public Property to execute and deliver to the Redevelopment Authority a deed situate in the 7th and 19th Wards of the City of Philadelphia.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? Intro. of Bills and Resolutions The ayes have it. The motion is carried. We will just give our visitors a chance to very quietly move out of the chambers. The Chair recognizes Councilwoman Tasco.
The Chief Clerk will please read the title of the resolution.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilwoman Intro. of Bills and Resolutions Miller.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill and two resolutions, one on behalf the myself and Councilwoman Miller and black, and the other resolution on behalf of Councilwoman Miller, Councilman Clarke, and myself.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Mayor on behalf of the City of Philadelphia to enter into agreements with the Philadelphia Authority for Industrial Development providing for lease from PAID to the City of a football practice facility to be developed at Broad Street and Patterson avenue.
The bill will be referred to the appropriate committee. Councilman, are you going to ask that your resolution be voted on before referring them to Intro. of Bills and Resolutions committee?
Well, the one is a privilege resolution which I would like to vote on, and the other certainly can be referred if you want to do it that way.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution authorizing the Council Committees on Education and Finance to hold hearings for the purpose of taking testimony from the Board of Education of the School District of Philadelphia and Superintendent David Hornbeck on their plans for major capital renovations of the School District of Philadelphia's public school buildings and facilities, including but not limited to a comprehensive report providing for assessment of the condition of the school buildings.
This resolution will be referred to the appropriate committees.
And a resolution also naming that part of Allegheny Avenue from Ridge Avenue to Sidley Avenue as Roxanne H. Jones Avenue. Intro. of Bills and Resolutions
Are we requesting a hearing on this before the Streets and Services Committee?
No, Madam President. It's not a bill; it's a resolution. The street will also be known as. We are not changing the name of the street.
Very well. All those in favor of the resolution will signify by saying aye. Those opposed. The ayes have it. The motion is carried. The Chair recognizes Councilwoman Reynolds Brown.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.
Thank you. The Chair recognizes Councilman Ortiz. Intro. of Bills and Resolutions
The Chief Clerk will please read the title of the bill.
An ordinance amending Title 17 of the Philadelphia Code entitled, "Contracts and Procurement," for providing that if City Council approval is required for a contract for the construction, acquisition, lease, or operation of the building or structure owned or leased by the City or the construction acquisition lease or operation of which is financed in whole or in part by the City, that any consideration that is paid for the naming, designating, or titling if such building or structure must be paid to the City.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer one bill that was co-sponsored by Councilmember Ortiz; two resolutions, one is cosponsor by yourself and the other resolution is sponsored by several members of the City Council.
Thank you. Intro. of Bills and Resolutions The Chief Clerk will please read the title of the bill.
An ordinance amending Title 12 of the Philadelphia Code entitled, "Traffic Code," to restrict the use of handheld mobile telephones while driving, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chief Clerk will please read the title of the first resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Intro. of Bills and Resolutions Those opposed, nay. The ayes have it. The motion is carried. The Chief Clerk will please the read the title of the second resolution.
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 signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke. Intro. of Bills and Resolutions
Thank you, Madam President. I have two bills and one resolution.
The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 2 of an ordinance approved July 1, 1997, entitled, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 58 of an area bounded by Poplar Street, 12th Street, and Parrish Street.
This bill will be referred to the appropriate committee.
And an ordinance amending Title 17 of the Philadelphia Code relating to the contracts and procurement by amending Chapter 17-500 entitled, "Goals for the Participation of Minority, Female and Disabled Owned Businesses in City Contracts."
This bill will be referred to the appropriate committee. The Chief Clerk will please read the title of the resolution.
A resolution authorizing Intro. of Bills and Resolutions the Commissioner of Public Property to execute a deed situate in the 16th, 20th, 28th, 32nd, and 37th Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman Longstreth.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
This concludes the business portion of a Council meeting. Since we don't have a calendar, are there any speeches on the part of the majority? The Chair recognizes Councilwoman Tasco.
Madam President, I do not have a speech, but while I have the opportunity to take advantage of WHAT, I'd like to announce the change in location of my town meeting for the 9th Councilmanic District town meeting with Mayor Street which is scheduled for Tuesday, February the 22nd. The meeting will be held at Girls' High School at Broad and Olney, 6:30 p.m. Thank you.
Thank you, Councilwoman. The Chair recognizes Councilman Mariano.
Thank you, Madam President. Madam President, the other day in Harrisburg the state legislature shot down Joy Evans' about the abandoned cars. Now, not to go into detail, this bill would have helped this city Speeches and we would have saved a lot of money. I want to commend two republican state representatives, O'Brien and Wogan that against their party and voted for this bill. Even though the bill didn't pass, it went totally along party lines, it would have been great help of the Philadelphia for this plague that is bothering the City and especially some of our districts that abandoned cares, there's just so many of them and we just can't seem grip on it. I know the Administration is working on it. But, again, I want to commend Representative Evans for doing that and O'Brien and Wogan for voting against the party line because they saw a bigger picture. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Ortiz.
Madam President, yesterday I attended a congressional briefing in Washington. But a matter of interest to Puerto Ricans and all people that care about human rights, this City Council in June of last year passed the unanimous resolution asking for the Navy to cease all of this military practices on the Puerto Rican Speeches island of Vieques. They've been practicing on that island for over 60 years. In April David Sones (ph), a civilian was killed by a misdirected bomb. They have caused a high incidence of cancer throughout that small island and damage to the environment that is going to take years. If not centuries to be able to repair. Very recently, the people of Puerto Rico for the first time in the history have built a unified consensus on the issue of Vieques and the issue of the Nave being asked to cease, desist, and not a single bomb, not a single bullet to be able to be shot, and not a single Army practice division on that island. That consensus was broken unilaterally by President Governor of Puerto Rico. And when he signed an accord with President Clinton giving the Navy the rights to keep on practicing for at least three more years and perhaps into the foreseeable future, the Catholic church, the evangelical church, the Cardinal of Puerto Rico, the political leadership got together in Washington yesterday to begin lobbying across the nation that this accord really be rescinded by President Clinton and that this accord be modified to get the Navy to remove Speeches themselves immediately from the island and to begin the environmental clean-up that needs to be done. This is an issue that is going to go on for the next year. Right now there are over 400 people sitting in the practice areas of Vieques. They are being threatened with arrest. They are being threatened with jail time. And the last time the fishermen of the island protested against the military presence, over 21 of them were sentenced to federal imprisonment. We have to be able, once again, to bring the message to President Clinton that what the people of Puerto Rico or Puerto Ricans across this country who live here and the unanimous elected officials of Puerto Rican decendents in this country want the Navy to cease, desist, and remove themselves immediately from the island of Vieques today, not tomorrow, not three years from now, not five years from now, but immediately. So, like I said, this Council passed a resolution. I'm very grateful to my colleagues for doing that, and I know that he people of Puerto Rico and Vieques are very, very grateful that we stood with them on this issue. Thank you. Speeches
You're welcome. The Chair recognizes Councilman Cohen.
Most everybody, I think, is aware of the fact that the University of Pennsylvania was the first university in the country that took very strong steps to express its concern about sweatshop conditions and to enforce its efforts to make sure that no University of Pennsylvania logo is produced under sweatshop conditions, it announced it was withdrawing at least temporarily until it completes a fuller study the activities concerning an organization called The Fair Laborer Association that ostensively was set up to protect against sweatshop condition, but which apparently has become an organ of the employers to continue sweatshop conditions. So the University of Pennsylvania's action was a very strong action recognized nationally. In the newspaper reports this morning that Temple University is considering taking the same action. So it's great to see that Philadelphia is in the forefront of taking very strong steps to eliminate sweatshop conditions. Speeches And I think this Council deserves some portion of the credit because we were early on in the action passing a resolution last December in support of the students at the University of Pennsylvania who together with the Unite, that's the old textile workers union and needle workers and garment workers union, have been fighting against sweatshop conditions. So I just wanted to report that, that we're really making progress in some areas in this country. Thank you very much, Madam Chair.
You're welcome, Councilman. Are there speeches on the part the minority? The Chair recognizes Councilman O'Neill.
Yes, Madam President. I'll be brief. Councilman Mariano was correct in reporting the two republicans from Philadelphia that voted for that legislation dealing abandoned autos, but I have to correct him when he said that the vote went along party lines; it did not. There were 76 democrats who voted for it, and the remainder of the caucus was either absent or Speeches voted against. So it was clearly not -- if they had gone along party lines, except for the two republicans from Philadelphia, it would have passed. But I believe it is being worked very actively right now, that issue in Harrisburg, and hopefully, we'll hear some news soon. Thank you.
Thank you. Are there any other speeches? (No further speeches.)
The Chair recognizes Councilwoman Tasco for a motion to adjourn:
Madam President, I move that Council be to Thursday, February 24, 2000 and 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, February 24, 2000. All in favor will signify saying aye. Those opposed? The ayes have it. The motion is carried is carried. Thank you. (Council adjourned at 10:50 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of February 17, 2000, 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