COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, 5/31/01 10:25 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO 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, Deputy Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 P R O C E E D I N G S
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, and visitors will retire to the seats outside the rail. To give our invocation this morning, the Chair welcomes the Reverend Lonnie Herndon, Pastor of the Church of Christian Compassion in West Philadelphia. He is here today as the guest of Councilwoman Blackwell. Members and guests will please rise.
Shall we pray. God, we thank You for this day of life and for all of the great opportunities in which it affords us and bring us. We thank You today for life, health, and strength. We thank You for this great City of Philadelphia, for all of the great opportunities and the many blessings that you have bestowed upon this great city. We pray Your blessing upon the Mayor and City Council and all of the men and women who serve this great city, that you might continue to empower them with wisdom and knowledge as they seek to lead GREETING/INVOCATION our city to greater heights. We thank You for all that you are doing. We pray Your blessing upon those who are less fortunate today, those who are stricken in drug and alcohol and those who are homeless. We pray that you might afford them great opportunities to rise out of the situations they are in. We pray all of this in Your mighty name. Amen. ALL: Amen.
The Chair thanks Reverend Herndon for his very inspiring invocation. Council will stand at ease. (Council stands at ease.) (Proceedings resume.)
The next order of business is the approval of the meeting of the journal May 24, 2001. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 24, 2001 stand approved. JOURNAL APPROVAL/LEAVE OF ABSENCE REQUESTS (Duly seconded.)
It has been moved and properly seconded that the Journal of THE meeting of Thursday May 24, 2001 stand approved. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the Journal of the meeting of Thursday, May 24, 2001 stands approved.
The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the majority.
Thank you. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leave of absence. At this time, I would just ask your indulgence to ask for a leave for myself at 10:45 and be recorded as voting aye on all bills and VISITOR RECOGNITION/PRESENTATIONS resolutions. And my two bills will be introduced by Councilwoman Joan Krajewski. I'll be leaving on city business. 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 to our Council session today. 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. At this time, the Chair recognizes Councilman Rizzo, who will make a presentation honoring Chief Stephen W. Ott, Chief of Police of Cheltenham Township. Will Chief Ott and those accompanying him please join the Councilman at the podium.
Thank you, Madam President. And would all of the invited guests please come forward: the commanders of the 35th, VISITOR RECOGNITION/PRESENTATIONS 14th, Commissioner Timoney, District Attorney Castor, Joe Duda (ph.), Mike Mann. He has a lot of friends, Madam President.
And they all want to wish him well. Would you all please come forward up here, please, Chief. Brian O'Neill, my Council colleagues Marian Tasco, Donna Miller. (Honoree et al. come forward.)
We're here today to give this resolution -- present this resolution to Chief Ott after so many years, 48 years, of service in Cheltenham Township. And all of you in law enforcement and Commissioner Timoney want to thank Chief Ott and the Cheltenham Police Department for the great work that they do. When activities occur in Philadelphia and the folks involved flee into Cheltenham Township, we all know the great job that the Cheltenham Township police has done throughout the years in making apprehensions, and vice versa, crime committed in Cheltenham. We have a great working relationship. And then there's the sad times, when an VISITOR RECOGNITION/PRESENTATIONS officers or a family member is killed in line of duty, the Cheltenham police are always there when the funeral is held in Cheltenham Township and many times at Our Holy Sepulcher Cemetery. So for all the years of work, I'd like to present this resolution honoring and commending Cheltenham Township Chief of Police Stephen W. Ott as he retires after 48 years of public service with the Cheltenham Township Police Department. Whereas, through his many years of public service with the Cheltenham Township Police Department, Stephen Ott has remained committed to fostering a positive law and cooperative enforcement relationship with the Philadelphia Police Department and has demonstrated a sincere concern for the safety and well-being of all citizens in the surrounding areas; and Whereas. . .
. . . through his many years of public service with the Cheltenham Township Police Department, Stephen Ott has remained committed to fostering a positive and cooperative law enforcement relationship with the Philadelphia Police Department and has demonstrated a sincere VISITOR RECOGNITION/PRESENTATIONS concern for the safety and well-being for all citizens in the surrounding area; and Whereas, Stephen Ott, a native Philadelphian, who was born and raised in the City of Philadelphia and graduated from Frankford High School, was appointed to the Cheltenham Township Police Department on May 11, 1953 and is the longest-serving police officer in the history of Cheltenham Township. He first served as a patrol officer and quickly rose through the ranks as he was promoted to sergeant in 1959, lieutenant in 1970 and chief of police in 1980, and has served in this capacity for over 21 years; and. . .
Whereas, during his remarkable 48-year career in which he was awarded the Bravery Commendation, the department's second-highest official commendation, his vision and initiative has helped guide the Cheltenham Township Police Department to becoming the third largest municipal law enforcement agency in Montgomery County; and. . .
Whereas, Stephen Ott has spearheaded the modernization of the police department to a state-of-the-art law enforcement VISITOR RECOGNITION/PRESENTATIONS agency by adding many special operations such as the Crime Prevention Unit, Community Policing Unit, the Drug Abuse Resistance Education Program, the Civil Affairs Unit, Town Watch implementation, and he also was one of the original founders of the Montgomery County Emergency Vehicle Operators Course (EVOC) training program designed to increase the safety of officers and the public through safer operations of police vehicles. Now, therefore. . .
. . . resolved by the Council of the City of Philadelphia that we hereby honor and commend Cheltenham Township Chief of Police Stephen W. Ott as he retires after 40 years of public service with the Cheltenham Township and for his long-standing commitment to fostering a positive and cooperative law enforcement relationship with the Philadelphia Police Department. Further resolved that an engrossed copy of this resolution will be presented to Cheltenham Township Police Chief Steve Ott as evidence of the sincere admiration of this legislative body. Thank you, Chief, for all of your good VISITOR RECOGNITION/PRESENTATIONS work. (Applause.)
Chief, here you go. CHIEF OTT: Thank you. I appreciate the City Council, Miss President and the members of the Council and Councilman Rizzo for this acknowledgement. As it mentioned in the resolution, I was born and raised in the City of Philadelphia and my wife also. We have many members of the family still residing in Philadelphia. In fact, from our residence, I can look right into Philadelphia, so I haven't really wandered too far. I appreciate the guests that are here this morning on my behalf. We have the district attorney from Montgomery County, Bruce Castor and our president of the Board of Commissioners, the previous president of the Board of Commission, Harvey Portner, and, of course, Commissioner Timoney and his staff. I would like to say that our geographical location has many, many times required us to interact with Philadelphia, and I am so proud VISITOR RECOGNITION/PRESENTATIONS of the excellent working relationship that we shared through the years, and still share, with the Philadelphia Police Department. All of our recruits are trained at the Academy, all our special units have been developed and trained in Philadelphia. The canine, the community policing. We have been down on in-service assignments at the Internal Investigation Unit. And if it wasn't for Philadelphia resources, we wouldn't have what we have in Philadelphia -- in Cheltenham Township. The bordering districts, I always appreciate the commanders' responses and interactions with our command staff, mainly the 2nd, 35th and 14th Districts in the Northeast, Northwest Detectives, who work very closely together. I think a commander in Northwest Detectives years ago said it the best when he said that Cheltenham Township detectives are his northern division. So we're very appreciative of what we have in Cheltenham and the support we receive from Philadelphia, and I'm very proud of the acknowledgment I received here this morning. I thank my guests and I thank the people here. VISITOR RECOGNITION/PRESENTATIONS (Applause.)
Chief, I would like to also acknowledge Bill Ivers, a dear friend of yours who put this all together today and made it easy for me. So, Bill, thanks. (Applause.) CHIEF OTT: There's one other item I'd like to mention. It has nothing to do with this presentation, but Commissioner Timoney appeared before the International Chiefs of Police Association. I was an executive board member for eight years and I was on the board the day he appeared representing City of Philadelphia for the 2003 IACP Convention to be held in Philadelphia. He had a lot of competition with other cities, and Commissioner Timoney did a great job of selling Philadelphia. Philadelphia was selected. I understand you've confirmed the commitment for 2003. And that means that you're going to have police administrators from all over the world. The IACP is the largest chiefs of police organization in the world. You're going to have chief administrators from all over the world, their VISITOR RECOGNITION/PRESENTATIONS spouses, guests and exhibitors, which will total about 17,000 persons in Philadelphia. So it will give you a wonderful time to showplace your City of Brotherly Love.
At this time, I'd like to introduce our police commissioner, John Timoney, who would like to personally introduce some of the commanders that border Cheltenham Township. Commissioner Timoney. COMMISSIONER TIMONEY: Thank you very much. With me also is the chief detective, Jack Maxwell, who is the head of the Southeast Chiefs Association, and also Jack (indiscernible), the commanding officer, the great commanding officer of the 35th who works so well with the Councilmembers up there. We just want to thank Steve for his cooperation certainly over the last 48 years but certainly for me over the last three years. I think the relationship -- not just with Steve but with the other surrounding police departments couldn't be closer. They come to our COMPSTAT meetings every Thursday because we recognize that the crime doesn't stop at the boundaries, that there's a bleed-over VISITOR RECOGNITION/PRESENTATIONS effect back and forth from us to them and from them to us. And so I can guarantee you, the progress we've made in the region, in the region, over the last years is in no small measure thanks to people like Steve who've been wholeheartedly cooperating with us. So, again, 48 years. Jesus.
We'll put a reservation in for a resolution your 48th year here today, Commissioner. Also from Montgomery County, we two people left that we would just like to give an opportunity to say hello is the Cheltenham Township Commissioner Harvey Portner. Commissioner? COMMISSIONER PORTER: Thank you, Councilman Rizzo. I thank the esteemed Madam President and all of the Councilmembers. It gives me great pleasure to be here on behalf of the township community and our board of commissioners. We have worked very closely with our retired chief, who, in turn, has worked very closely with your Philadelphia Police Department. And when the chief says cooperation is the keynote, I can assure you, we're very gratified to make sure that VISITOR RECOGNITION/PRESENTATIONS we work at every turn of the way with your Philadelphia Police Department, because safety is first and foremost. And so thanks once again for having me. And it's certainly a pleasure to have this acknowledgment on behalf of our retired chief and Cheltenham Township. Thanks very much. (Applause.)
And before I introduce our next guest, I just want to again acknowledge Mike Mann and Joe Duda, our city commissioner that have came here today. (Applause.)
We all have -- we're all getting to know very well the district attorney of Montgomery County Bruce Castor. And Bruce again wants to make just a short remark. Thank you. Bruce?
Very short. I'm not too sure it's particularly good news to be getting well-known down in the City of Philadelphia when you're district attorney. Madam President and members of Council, thank you for inviting me down here to this august VISITOR RECOGNITION/PRESENTATIONS occasion. I'm very, very proud of the accomplishments of Chief Ott. When I got up this morning, I was excited that I would be leaving Montgomery County to come down here to Philadelphia County where it's safe. And there's no truth to the rumor that the recent spate of crime in Montgomery County is directly related to Chief Ott's retirement; there's no truth to that. But I have been with the D.A.'s Office for 16 years. And all during that time, from when I needed my nose wiped until I needed expert advice, Chief Ott was there for me. He's a wonderful professional, one of the true gentlemen of law enforcement in our county, and somebody who knows how to get job done, gets along with everyone, and certainly has built Cheltenham into one of the finest departments we have. Thank you for having me and congratulations, Chief.
Again, thank you to my colleagues in Council for helping me with this presentation. And thank you, Madam President.
Thank you. Council will be at ease. VISITOR RECOGNITION/PRESENTATIONS (Council stands at ease.) (Proceedings resume.)
At this time, the Chair recognizes Councilwoman Tasco, who will present a resolution to Mr. Terry D. Lewis of the American Legion, Henry Hopkins Post No. 881. Will Mr. Lewis and those accompanying him please join the Councilwoman at the podium. (Honoree et al. come forward.)
This is a great honor for me this morning to present this resolution to Terry Lewis, who is a longtime, hard-working committee person in the 50th Ward and he also serves as the treasurer of the 50th Ward and is very, very active in the community and has been for many, many years. And I'm just so pleased here that he has worked so hard to achieve this honor in the State of Pennsylvania. So I am proud to present this resolution honoring Terry D. Lewis. Whereas, Terry D. Lewis is a lifetime member of the American Legion Henry Hopkins Post 881, and for the past 18 years, he has held VISITOR RECOGNITION/PRESENTATIONS important offices at the post, district, state, and national levels; and Whereas, in the 7th District, he has been district commander, district finance officer, and district activities chairman. In addition, he has served as eastern vice commander, chairman of the department's national security committee, aide to the department commander, and enough positions of importance to make him totally familiar with the operations, philosophies, and activities of the American Legion; and Whereas, Terry Lewis is the second African-American in 80 years in the State of Pennsylvania who has been the department commander in Pennsylvania. And as if that were not good enough news, he is also a Philadelphian whose roots here are strong and sure. He is a member of the Emanuel United Methodist Church, a proud member of the Democratic City Committee, treasurer of the 50th Ward, and an active participant in many other aspects of the civic and political life of this city; and Whereas, Commander Lewis has brought distinction to his post, pride to his wife and VISITOR RECOGNITION/PRESENTATIONS daughters, glory to his church, and enormous satisfaction to the citizens of this city, who rejoice in his accomplishments. Now, therefore, resolved by the Council of the City of Philadelphia that we hereby honor and commend Commander Terry D. Lewis. Further resolved that an engrossed copy of this resolution be presented to Department Commander Terry D. Lewis as evidence of the respect, admiration, and high esteem of this legislative body. Certification that this is true and correct copy of original resolution adopted by the Council of City of Philadelphia on the 19th day of April 2001, signed by President Ann Verna, introduced by Marian Tasco, and supported by all members of City Council. We congratulate you, Terry, for working so hard and achieving the goal that you've always aspired to, and I'm very pleased with you. Thank you. (Applause.)
The Chair recognizes Mr. Lewis for remarks. VISITOR RECOGNITION/PRESENTATIONS
Good morning, Council President Anna Verna, members of the Council, and especially my councilperson and my ward leader and my friend Marian B. Tasco. And to all of the vets sitting out there this morning, I'd like to say I salute you all. It's good to live in America, as we all know, the land of the free, the home of the brave. Sometimes I think, though, that we forget how we were able to live here in this land of the free and the home of the brave. It's because of our veterans, our veterans of World War I, our veterans of World War II, and continuing wars, but those were the first two major wars that made it happen for us, the citizens of Philadelphia. And I'm proud to say that I'm the state commander of the largest veterans organization in the world, which makes up 50 states and 5 different countries. And I'm proud to say, as Marian stated, that I am the second African-American to lead this leadership in Pennsylvania, which comes to a total of 240,000 members. And that's not an easy job when you're representing 240,000 members across the United VISITOR RECOGNITION/PRESENTATIONS States and five different countries. They tends to look at you when you come on board, wherever you're going, and they say, Wow, that's the commander of Pennsylvania, how does he do it, when you go down to Delaware and they have 12,000 or Jersey, where they have 30,000 members. So it's deeply honor for me to be able to say that I am the commander. It's good to say that I'm from Philadelphia, born and raised. And when I travel around the state and the country, I let everyone know that I'm the member of the Democratic Committee here in Philadelphia and I'm a member of the best city in the world, and I let them know that. And I'm honored, deeply honored, this morning to honored by City Council and my councilperson, Marian Tasco. I'll tell you, I wish I could have Marian Tasco on my team of leaders there in the State of Pennsylvania. And I'd like to ask one favor of Council, if they'll just do me this favor and give me an extra prayer because when I go to San Antonio in August for the national convention, it's a strong chance that they might bestow upon me the national vice commander of the American Legion, which I would VISITOR RECOGNITION/PRESENTATIONS be only the second African-American to hold that post also in our national organization in 83 years. So I'll ask that you say an extra prayer and maybe that will happen for me. But I'd like to say thank you to my wife, Diana -(Applause.)
-- who has been with me these past 18 years. And believe me, it's not easy traveling the roads and leaving your kids at home, and most of you Council people here know that because you're always going to a meeting or a seminar somewhere and you have to leave your family. I used to sit right behind Thacher there in the baseball stadium years ago, but I had to give the tickets up, the season tickets, because I was losing too many tickets and the Phillies were doing bad at that time, and I couldn't even give the tickets away. So it's tough being on the road. But, listen, I couldn't have did it without my wife, Diana. She's a strong supporter and I salute her and I love her. (Applause.)
And then this is my boss VISITOR RECOGNITION/PRESENTATIONS right here, Rick Dixon. He's a deputy executive for the parking enforcement, so don't bomb us, and I'm in charge of booting, yes. But I couldn't do it without him because he allowed me to take my vacation on the spur of the moment when often it's hard to do, but I have a good team of players that know they can do the job and he knows he can do the job and he allows it to happen. So I thank Rick very much for the things that he has done for me. And to my right hand here, Jeff "The Ref" Clark. He's been here for 18 years in the booting department. And when I'm on the road, I feel safe because if anything goes wrong, he's going to contact me. And Rick, he's just been phenomenal to me in my travels across the state and during this tenure. And to my good friend Charles Dowling, who is also a marine. We've been together quite a few years. He's my post member. And, Charles, I thank you for all of the support you've done. Anna Verna, Council President, I thank you.
And I salute the Councilmembers. Thank you all. COMMUNICATIONS (Applause.)
Thank you. Congratulations. Council will be at ease. (Council stands at ease.)
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 am transmitting herewith for the consideration of your honorable body the following: An ordinance authorizing transfers in appropriations for Fiscal Year 2002 from the General Fund, the Director of Finance - Contribution to School District, to the Grants Revenue Fund, the Director of Finance - Provision for Other Grants. And an ordinance amending Chapter 19-1300 of the Philadelphia Code, entitled "Real Estate Taxes," and amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax COMMUNICATIONS Authorization." And an ordinance authorizing the City of Philadelphia, acting through it's Department of Commerce, to amend that certain agreement by and between the City of Philadelphia and the Philadelphia Convention and Tourism Bureau, currently known as the "Philadelphia Convention and Visitors Bureau." And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement wit the Philadelphia Municipal Authority for use by the City and affiliated agencies of office space located at 100 East Lehigh Avenue.
The messages will be printed in the Journal. The clerk will please read any other communications in her possession.
The next order of business is 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 so as to permit consideration of resolutions at the 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 those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one bill at the request of the Managing Director.
The clerk will please read the title of the bill. INTRODUCTION OF BILLS, RESOLUTIONS
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement with the Philadelphia Municipal Authority for use by the City and affiliated agencies for office space located at 100 East Lehigh Avenue Philadelphia, Pennsylvania, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning, I have two bills on your behalf and one resolution on my behalf.
Thank you. The clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property, the Director of Commerce, and the Recreation Commissioner, on behalf of the City of Philadelphia, to execute and deliver a first amendment to lease amendment by and between the City and the Philadelphia Authority for INTRODUCTION OF BILLS, RESOLUTIONS Industrial Development as may be necessary or required to accomplish the intent and purpose of this ordinance, the first amendment City lease and the first amendment arena lease, the second amendment development lease, the North Lot lease termination agreement, the second amendment arena lease, the fifth amendment Spectrum lease, and the master parking operations agreement.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Director of Commerce and the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver and consenting to the execution and delivery by Philadelphia Authority for Industrial Development of agreements with the Commonwealth, which shall provide that upon the occurrence of certain events described in this ordinance, the Commonwealth shall have the option to purchase for $1 a one-third interest in the respective interest of the City.
The bill will be referred to the appropriate committee. The clerk please read the title of the INTRODUCTION OF BILLS, RESOLUTIONS resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 6th 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 those in favor will signify by saying aye point those opposed? The ayes have it and the motion is carried. The Chair recognizes Councilwoman Krajewski.
Madam President, I offer one resolution and one bill. And on behalf of Brian O'Neill, Councilman O'Neill, I offer two bills. INTRODUCTION OF BILLS, RESOLUTIONS
Thank you. The clerk will please read the title of Councilwoman Krajewski's bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2002 from the General Fund, the Director of Finance Contribution to School District to the Grants Revenue Fund, the Director of Finance - Provision for Other Grants.
The bill will be referred to the appropriate committee. The clerk will please read the resolution introduced by Councilwoman Krajewski.
And a resolution honoring the memory of General Friedrich Wilhelm von Steuben and designating the area of 22nd Street and Benjamin Franklin Parkway as Steuben Paltz, in celebration of the 31st Annual Steuben Day Parade to be held on Saturday, September 29, 2001.
I move for the adoption of the resolution. (Duly seconded.) INTRODUCTION 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 and the resolution is adopted. The clerk will please read the first resolution introduced by Councilman O'Neill.
Oh, two ordinance? I'm sorry, two bills. The first bill?
An ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Special People in the Northeast, Inc., a Pennsylvania nonprofit corporation, for the Hospitals and Higher Education Facilities Authority of Philadelphia to participate in the financing of certain projects for Special People in the Northeast.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Philadelphia Authority for Industrial INTRODUCTION OF BILLS, RESOLUTIONS Development, on behalf of the City, to purchase a 16-acre tract of land situated at 940 Ashton Road for a consideration not to exceed $900,000, under certain terms and conditions.
This bill will be referred to the appropriate committee. And the Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilman Mariano.
Madam President, I have two bills and three resolutions.
The clerk will please read the title of the first bill.
An ordinance Amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-605, entitled "Regulated Uses," by expanding the use of regulated uses to include off-track betting facilities, as defined under certain terms and conditions.
The bill will be INTRODUCTION OF BILLS, RESOLUTIONS referred to the appropriate committee.
And an ordinance establishing a no-parking-anytime regulation on the south side of Welsh Road between Nester Street and Roosevelt Boulevard.
The bill will be referred to the appropriate committee.
And a resolution honoring Arthur Holtz on being the recipient of the prestigious Fulbright Scholarship Award.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The clerk will please read the title of the next resolution.
A resolution declaring INTRODUCTION OF BILLS, RESOLUTIONS September 3 through 7th, 2001 as "Payroll Week" in Philadelphia.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution carries. The clerk will please read the title of the final resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 19th, 23rd, and 43rd Wards of the City of Philadelphia.
Madam President, I INTRODUCTION OF BILLS, RESOLUTIONS move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor of the adoption of the resolution will signify by saying aye. Those opposed? The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
The clerk will please read the title of the resolution.
A resolution honoring and commending the Father's Day Rally Committee.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by INTRODUCTION OF BILLS, RESOLUTIONS saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilwoman Miller.
The clerk will please read the title of the bill.
An ordinance amending Chapter 19-1300 of the Philadelphia Code entitled "Real Estate Taxes," and amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by reducing the rate of tax on real estate within the City and by authorizing the Board of Education of the School District of Philadelphia to impose an increase in the rate of tax on real estate within the City.
This bill will be referred to the appropriate committee. And the Chair recognizes Councilman Nutter.
Madam President, I INTRODUCTION OF BILLS, RESOLUTIONS have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Goode.
The clerk will please read the title of the resolution.
A resolution authorizing the Council of the City of Philadelphia to hold hearings into access to transportation services for Philadelphia residents to expand the regional employment opportunities.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be INTRODUCTION OF BILLS, RESOLUTIONS adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Ortiz.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I have one bill and I got a resolution after caucus so in addition, one resolution as well.
Thank you. The clerk will please read the title the bill.
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by adding a new chapter providing for the creation of the neighborhood residential preservation and revitalization overlay districts.
This bill will INTRODUCTION OF BILLS, RESOLUTIONS be referred to the appropriate committee. The clerk will please read the title of the resolution.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 31st Ward of the City of Philadelphia.
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 those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Clarke.
Thank you, Madam INTRODUCTION OF BILLS, RESOLUTIONS President. I have one bill today.
An ordinance authorizing the City of Philadelphia, acting through its Department of Commerce, to amend that certain agreement by and between the City of Philadelphia and the Philadelphia Convention Tourism Bureau, currently known as at "Philadelphia Convention and Visitors Bureau," authorized pursuant to the ordinance approved by the Mayor on June 25, 1965.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth.
Madam President, I have no requests for introduction of bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
The next item of business is reports from committees. And the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out five bills 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. 010261, an ordinance authorizing transfers in appropriation for Fiscal Year 2002 within the General Fund from certain or all City offices, departments, boards, and commissions to the Department of Licenses and Inspections demolitions; And Bill No. 010331, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by amicable negotiations or by condemnation fee simple title to a certain parcel of real estate located on the easterly side of Darien Street south of Patterson Avenue; COMMITTEE REPORTS And Bill No. 010332, an ordinance authorizing the placing on City Plan No. 44-S of three certain contiguous rights-of-way for drainage purposes, water purposes, and public utility purposes; And Bill No. 010333, an ordinance authorizing the Director of Commerce and the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver a non-disturbance agreement with the Phillies, a Pennsylvania limited partnership, and other parties which makes up leasehold mortgages granted by the Phillies upon its leasehold interest in certain parcels of land owned by the City; and authorizing approval of all of the terms of the aforementioned non-disturbance agreements and other documents and amendments related thereto by the City Solicitor. And Bill No. 010334, an ordinance authorizing the Commissioner of Public Property and the Director of Commerce, on behalf of the City of Philadelphia, to enter into a ground lease agreement ("the Ground Phillies Lease") with the Philadelphia Authority for Industrial Development, providing for the leasing by the City to PAID of certain parcels COMMITTEE REPORTS of land owned by the City, and further providing for the subleasing of said lands from PAID to the Phillies, a Pennsylvania limited partnership, or its successors, as holder of the major league baseball franchise for the City of a controlled affiliate thereof respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading today of Bill No.'s 010261, 010331, 010332, 010333, and 010334. (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.'s 010261, 010331, 010332, 010333, and 010334. All those in favor will signify by saying aye. COMMITTEE REPORTS Those opposed? The ayes have it and the bills will be placed on today's first-reading calendar. The Chair recognizes Councilman Kenney for a report from the Rules Committee.
Thank you, Madam President. The Committee on Rules reports five bills with favorable recommendations.
Thank you. The clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred: Bill No. 000629, an ordinance amending Title of the 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1800, entitled "Zoning Board of Adjustment," by amending Section 14-1807, entitled "Appeals to the Court," by amending language regarding appeals, under certain terms and conditions; And Bill No. 010129, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of the following area of the City: an area generally bounded by Rhawn Street, COMMITTEE REPORTS Whitaker Street, a certain railroad right-of-way, Kendrick Street extended, and Dorcus Street; And Bill No. 010302, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Frankford Avenue, Linden Avenue, the I-95 Expressway on-ramp, and Torresdale Avenue; And Bill No. 010368, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by deleting certain uses from the list of uses that are permitted in the C-7 commercial district; And Bill No. 010371, an ordinance Amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by making certain technical amendments, under certain terms and conditions respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Madam President, I move the rules of Council be suspended so as to COMMITTEE REPORTS permit first reading today of Bills No. 000629, 010129, 010302, 010368, and 010371. (Duly seconded.)
Yes. I ask that Bill 629 be severed from the rest of the bills and be voted on separately.
Well, we're simply -- okay, we're reporting them out of committee.
Madam President, I -- the motion on the floor is for a suspension of the rules.
I just made a motion to suspend the rules for first reading.
Objection. I intend to vote the against the suspension of the rules on Bill 629.
The motion that I made has been moved and seconded, and it's -- I'm not -
Well, Councilman Cohen, may I suggest that when a vote is taken, you merely say that you're voting against 629 and voting in favor of the other bills being -
I don't know how to do that on a single vote, Madam President.
Councilman Cohen, there's a motion on the floor and it has been seconded, so I would ask then for the members of Council to vote -- rather, a motion has been made and seconded that the rules of Council be suspended so as to permit first reading this day of Bill No.'s 629 and 010129 and -
I question whether or COMMITTEE REPORTS not the body has the power to deny a motion to sever to permit a separate vote.
Madam President, not to be argumentative, but there's a motion on the floor that's been seconded. The question needs to be called, and then whatever motion the Councilman would like to make afterwards is fine.
No, I don't need that particular advice. I don't believe that this Council has the power to act collectively on a series of bills when there is an objection by a member.
Okay, I've just conferred with our attorney. A motion was made by Councilman Kenney to suspend the rules to permit first reading today of Bill No.'s 000629, 010129, 010302, 010368, and 010371. All of those in favor will signify by saying aye.
The Chair recognizes Councilman Cohen. Councilman Cohen, if you want to make a motion regarding Bill No. 629 -
Was that read by you as one of the numbers? I did not hear 629.
If I didn't, I certain intended to. I did read it, Pat? Yes, the stenographer said I did read it. We have voted, Councilman.
No, we have not asked for the nays yet, Madam President.
I only heard you "aye" vote; I've not heard the request for the "nay" vote.
Well, you COMMITTEE REPORTS didn't let me get that far. (Laughter.)
All those in favor will signify by saying aye. Those opposed?
All right. Then the record will indicate that all of the Council -
My intention is to vote no on 629 but I do not know how, I do not believe it is possible on this vote to cast a "yes" on -
Madam President, Madam President. (Unintelligible, parties talking over each other.)
If it's Mr. Cohen's intention to vote no on 629, he can simply do it next week. COMMITTEE REPORTS
Madam President, I believe it is quite clear that Councilman Cohen is an aggrieved person in this matter. (Laughter.)
I believe the issue of standing has been raised. We need an opinion from the Law Department to. . . however you want to separate it out, Madam President, it's, you know. . .
All of those in favor have signified by voting aye, with the exception of Councilman Cohen and Councilman Ortiz.
Well, I think you have to say that. Your light's not on. COMMITTEE REPORTS
But my light doesn't have to be on. You asked for the nays, and I say "nay."