Stated Meeting, March 22, 2001

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 401, City Hall Philadelphia, Pennsylvania Thursday, March 22, 2001 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 VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 P R O C E E D I N G S

Good morning. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Rabbi Brian Walt of Mishkan Shalom Synagogue. He is here as the guest of Councilman Nutter. Members and guests will please rise.

Oh, source of life, source of compassion and love, source of justice and of freedom, the one who has called the members of this Council to public service, be here with us this morning. As we take these moment to open our hearts in prayer, let us reflect on the values, the passion, the commitments that called us to public service. At this moment before we begin the business of the meeting, let us remember the call, the deepest values that brought each of us into this room at this time. In two weeks, the Jewish people will celebrate Passover, the festival of freedom that has INVOCATION inspired so many of different faiths and many different peoples in their struggle to make our world just, free and fair. As people who have taken on the sacred task of leadership in this City, I want to bring to mind Moses, the one who was called by God to lead the struggle for justice. Moses, our teacher, the teacher of all people, whose passion for justice and freedom burns inside of him and he's never consumed. As a young man, Moses encounters an Egyptian hitting an Israelite. The Jewish Bible teaches us he looks this way and that way and he saw there was no man, no person. On a simple level, it seems that Moses to checking to see if there was any official who might catch him in the act. Jewish tradition presents a different understanding. Moses looked this way and then that way to see if there was anyone else around who would intervene to stop the injustice. And as he looked around, he was horrified to find not only was there injustice, but there was no decent human being around; there was no person. There was no one who would intervene. It was then that he lost his temper and acted on his passion. INVOCATION Let us take this moment to reflect on our young lives, our lives when we were young and the events that impelled us to be a voice for humanity and decency in our community. And let us remember Moses and let us remember the bush that burned for him and burns within us, our passion to be a voice for the voiceless, to bring decency, fairness, equality, and justice for all citizens. Let these values guide our deliberations. May the example of Moses and the message of Passover give us hope when we are discouraged. We are each called to do our part. Jewish tradition teaches none of us is obliged to finish the work, only to do our part. The Psalmist asks, Who is fit to hold power and worthy to act in God's place? Those with a passion for truth and are horrified by injustice, who act with mercy to poor and take up the cause of the helpless, their strength is in their compassion. God's light shines through hearts. Their children's children will bless them, and the work of their hands will endure. May God's light, the power that calls to freedom and justice, the power that called Moses, APPROVAL OF THE JOURNAL the power that calls each of us shine through our hearts. May our children's children bless us and may the work of our hands and the work of this Council endure. And let us say amen.

Amen. The Chair thanks Rabbi Walt for his 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 Thursday, March 15, 2001. And the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Journal of Thursday, March 15, 2001, stand approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of Thursday, March 15, 2001 stand approved. All in favor will signify by saying aye. (Aye.)

Those opposed? LEAVES OF ABSENCE (No response.)

The ayes have it and the Journal of Thursday, March 15, 2001, has been 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 absence on the part of the majority.

The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo. Councilman Rizzo, are there any requests for leave of absence on the part of the minority?

Madam President, I do not know. And if there is a request, I'll update you if Councilman O'Neill doesn't arrive.

Thank you. At this time the Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf all Members of City Council. I welcome you to our Council Session today. We WELCOME AND PRESENTATIONS appreciate your 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 Councilwoman Miller to introduce visitors.

Thank you, Madam President. Today we are very pleased students from the Renaissance Charter School. They are 8th graders. I'm especially happy to announce that they are accompanied by their teacher Ms. Kim Coleman. Ms. Coleman is the granddaughter of our late president Joseph E. Coleman. Would the group please rise to be recognized? (Applause.)

We certainly welcome you. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Joining us in Chambers this morning are 18 students and three teachers from the Republic of Maldives. The students are in grades 9 through 12 and are tending schools in Councilman DiCicco and Councilman Clarke's area, namely Bodine WELCOME AND PRESENTATIONS Franklin Learning Center and Masterman until April 10th when they return home.

If they are here, we would like to recognize them. Would they please stand. Apparently, they have haven't arrived as of yet. Thank you, Councilwoman.

You're welcome.

The Chair recognizes Councilman DiCicco to make a presentation honoring the 25th Anniversary of the Philadelphia Gay News. Will Mr. Mark Segal and those accompanying him please join Councilman DiCicco at the podium.

Thank you, Madam President. On behalf of the City Council of the City of Philadelphia, we introduce a resolution honoring the Philadelphia Gay News on its 25th anniversary. Whereas, Philadelphia is a City that prides itself in the rich diversity of its citizens regardless of race, religion, gender, or sexual orientation; and

Whereas, in 1976, WELCOME AND PRESENTATIONS recognizing the need for a publication that would speak to and educate what at that time was a largely hidden community, Mark Segal took a daring step by creating one of the first newspapers in America dedicated to serving and representing the lesbian, gay, bisexual and transgendered community. And as the community grew, so did the Philadelphia Gay News.

And whereas, from the recent domestic partnership legislation to the elimination of hate crimes, from voter education to HIV and AIDS education and information, PGN has been a leader in the newspaper and the newspaper of record for the community it represents. PGN has broaden our perspective on gay issues and enhanced our understanding of the lesbian, gay, bisexual and transgendered community and made this City a safer, saner and more humanitarian place; and

Whereas, although PGN has championed causes important to the lesbian, gay, bisexual and transgendered community and has worked to foster better relationships, it has always attempted to present and unbiased viewpoint, even when the subject is painful such as financial WELCOME AND PRESENTATIONS scandals in some AIDS groups. As publisher Mark Segal has stated, "It is not our job to be cheerleader every day;" and

Gayness has arrived. Whereas, with a staff dedicated to serving the community, the Philadelphia Gay News is one of the most long-lived and award-winning gay newspapers in the country and is well-respected within a journalism circles. As the paper has grown, so has the staff, now including, along with Mark Segal, Victor Havens, Alicia Hicks, Karen Goulart, Doug Gruse, Gene Kohl, Tony Lombardo, Rick Lombardo, don Pignolet, Pat Romanelli, Chris Schwam, Patti Tihey, David Watson and Joel Weiner; now, therefore

Resolved by the City of the City of Philadelphia, that we hereby recognize and congratulate the Philadelphia Gay News on the occasion of its 25th anniversary. Further resolved, that an engrossed copy of this resolution be presented to Mark Segal as publisher of PGN as evidence of the respect and sincere sentiments of this legislative body. This is a true and correct copy of the original WELCOME AND PRESENTATIONS resolution adopted by the Council of the Philadelphia on the 1st day of February in the year 2001. Signed by the President of City Council, Anna C. Verna; introduced by myself, Councilman Kenney, Ortiz and Rizzo; sponsored by all members of City Council. (Applause.)

The Chair recognizes Mark Segal for remarks. MR. SEGAL it is indeed an honor to BE recognized by President Council Verna, the first woman Council President of this Council in history of the City of Philadelphia. And that sort of shows you what we've become as a City. We've all grown up together. There's not a person that's sitting in Council today that I have not politically grown up with over the last 25 years and we've created a City that has embraced diversity. I'm sort of humbled today sitting here and realizing that I'm speaking and I keep looking at the galleries because there's no one here objecting, and this feels very uncomfortable, to be quite honest with you because usually when I come into this Council Chamber, I'm here harangue you COMMUNICATIONS about something or ask for your support for something. But we've grown up together as a City, as a community, and as people. Philadelphia is a progressive City and we're very proud of the City. I'm very proud that today all Members of Council are sponsoring this resolution. It shows how far we as community have come and it shows how far the City government has come together. And I thank you for that and I cannot be more humble. I'd rather have this than a document from the President of the United States today. Thank you. (Applause.)

Council will be at ease. (Council 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 COMMUNICATIONS pleased to advise you that I have signed the following bills that were passed by Council at its session on March 8, 2001: Bill No. 000065 and Bill No. 000184. I am transmitting herewith for the introduction and consideration of your honorable body a proposed ordinance. The ordinance is entitled, an ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes authorizing the Mayor, City Controller, and City Solicitor or a majority of them to sell bonds at public or private negotiated sale, setting forth the capital purposes and the amounts for which the proceeds of the loan or loans will be expended, providing for obtaining the consent of electors to increasing the indebtedness of the City of Philadelphia, fixing a date for holding the election for obtaining such consent and providing for the arrangements for holding such election. And an ordinance authorizing the revision of lines and grades on a portion if City Plan No. 44S by striking from the City Plan and vacating 10th Street from Patterson Avenue to a INTRODUCTION OF BILLS AND RESOLUTIONS point approximately 846 feet northerly therefrom and by placing on the City plan Hartranft Street at a point approximately 846 feet northerly from Patterson Avenue extending from 10th Street to Darien, all under certain terms and conditions.

The messages will be printed in the Journal. The Clerk will please read any other communications in her possession.

That's all I have, Madam President.

Thank you. The next order of business is the introduction of bills and resolutions. 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 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 OF BILLS AND RESOLUTIONS introduction. All in favor of the motion will signify by saying aye. (Aye.)

Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I have no bills or resolutions today.

Thank you. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. This morning I introduce two bills on your behalf.

Thank you. The Clerk please read the title of the first bill.

An ordinance authorizing the creation of a loan or loans for and toward various capital municipal purposes authorizing the Mayor, City Controller, and City Solicitor or a majority of them to sell bonds at public or private negotiated sale, setting forth the capital purposes and amounts INTRODUCTION OF BILLS AND RESOLUTIONS for which the proceeds of the loan or loans will be expended.

This bill will be referred to the appropriate committee.

And an ordinance authorizing the revision of lines and grades in a portion of City Plan No. 44S by striking from the City Plan and vacating 10th Street from Patterson Avenue to a point approximately 846 feet northerly therefrom and by placing on the City plan Hartranft Street at a point approximately 846 feet northerly from Patterson Avenue extending from 10th Street to Darien, all under certain terms and conditions.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Cohen.

Madam President, I have no bills or resolutions.

Thank you. The Chair recognizes Councilwoman Krajewski.

Madam President, I offer one resolution.

The Clerk will please read INTRODUCTION OF BILLS AND RESOLUTIONS the title of the resolution.

A resolution declaring April 2001 as Autism Awareness Month.

The Chair recognizes Councilwoman Krajewski.

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.)

Those opposed? (No response.)

The ayes have it. The resolution has been adopted. The Chair recognizes Councilman Mariano.

Madam President, I have one resolution.

The Clerk will please read the title of the resolution.

A resolution authorizing the Committee of License and Inspection to hold hearings INTRODUCTION OF BILLS AND RESOLUTIONS on ways to increase the speed and disposition of property code violations and violation process. The efficiency of parties responsible for enforcing, administrating and adjudicating violations and authorizing the committee to issue subpoenas as may be necessary to compel the attendance of witnesses and the production of documents to aid in its investigation.

The resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.

Madam President, I have no bills or resolutions today.

Thank you. The Chair recognizes Councilwoman Miller.

Madam President, I have no bills or resolutions today.

Thank you. The Chair recognizes Councilman Nutter.

Thank you, Madam President. I offer one resolution and I wish to be heard on it.

Thank you. The Clerk will please read the title of INTRODUCTION OF BILLS AND RESOLUTIONS the resolution.

A resolution requesting that the Board of Education of the School District of Philadelphia suspend any action which establishes any new or increased fee schedule for Parent Cooperative Nursery Program until a comprehensive review and analysis of all the early childhood programs have been performed by the School District in conjunction with all the stakeholders.

The Chair recognizes Councilman Nutter.

Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. You care to speak on it, Councilman Nutter?

Very briefly, Madam President. Thank you very much. Madam President, I know that myself, along with many of my colleagues are strong supporters of the Philadelphia Public School system. I know that also we are very careful about any INTRODUCTION OF BILLS AND RESOLUTIONS instance that might be considered micro-management of the District. I am very mindful that we have essentially an independent school system and a Board of Education that's appointed by the Mayor. We do have an obligation and responsibility, though, and we will take part of that action today in re-authorizing the taxes that help support the schools on the City side; the State subsequently will take its action. The issue regarding the Parent Cooperative Nursery Program has been the topic of a lot of conversation since last year, also this year's budget hearings and at the moment as we speak is still an unresolved issue. It is a program that serves 4-year-olds, some of whom may be members of the Class of September of 2002 in first grade, maybe in Philadelphia Public Schools. We've tried to reach resolution on this particular issue. We've gone beyond anyone's notion of whether there should be an increase feed or not. I'm beyond that. There will be an increased fee for this program. The question that is unresolved is, how do we reach a number that makes any sense? What are we trying to accomplish with this particular INTRODUCTION OF BILLS AND RESOLUTIONS program? And how do we encourage to the greatest extent possible parents to be involved in the education and the lives of their children at the earliest possible stage? I can only say to you, Madam President, that based on what has happened over the past year or so, any parent under this circumstance who has to continue to fight with the District about a program that everyone agrees will lead to a better educational opportunity for their 4-year-old going to our full-day kindergarten, which we've both from a policy standpoint implemented a number of years ago and subsequently were ordered by the Court to have in place; everyone agrees that a 4-year-old's educational experience helps to lead to a better 5-year-old and 6-year-old and hopefully on to a great life and career in our City. It's an important program. It should be expanded; it should not be reduced. There are probably many other areas in the City that could benefit from that kind of educational experience that some of us may have had many, many years ago in a different kind of fashion; whether we had stay-home parents or some other educational experience as a young child. INTRODUCTION OF BILLS AND RESOLUTIONS I wish to see a resolution to this particular issue. The process has been flawed. In the District's own testimony in public hearings indicates that they did not do many of the things that they had committed to do in last year's resolution passed by the Board on this particular issue. All I've asked is that the School District take some time -- and if they don't want to work with the parents for whatever reason in a legitimate fashion, then they at least should give the courtesy to this City Council, as we have raised this issue time and time again, they should do what they said that they were going to do, give us the information and then let us reach a collective resolution. We are all serving the same people. The parents of these children who go to a non-mandated program will one day be public school students. We will serve them in the schools, we will serve them in our City services; they're all the same people. And in a City that has lost more population than any City in the United States of the America in the last 50 years, who the Mayor of this City indicated that the No.

1 issue in this City in a news story was schools, schools, schools, I do not understand why INTRODUCTION OF BILLS AND RESOLUTIONS we continue to have to fight and struggle about a program that helps to serve people throughout this City that actually might encourage them to have a good educational experience and stay with us for the next 12 or 13 years of their lives. And so with that, Madam President, I would encourage my colleagues to support this particular resolution and let us get a final answer to this issue and not have to revisit this issue year after year after year. Thank you, Madam President.

Thank you. All of those in favor of the adoption of the resolution will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution has been adopted. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. Along with my colleagues Councilmembers Michael Nutter and Frank Rizzo, I offer up one resolution. INTRODUCTION OF BILLS AND RESOLUTIONS

The Clerk will please read the title of the resolution.

A resolution declaring the week of June 3rd to the 9th as Wellness Community of Philadelphia Week.

The Chair recognizes Councilwoman Brown.

I move for the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The resolution has been adopted. The Chair recognizes Councilman Goode.

Thank you, Madam President. I have no bills or resolutions.

Thank you. The Chair recognizes Councilman Ortiz. INTRODUCTION OF BILLS AND RESOLUTIONS

Thank you, Madam President. I have no bills or resolutions today.

Thank you. The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I have no bills or resolutions today.

The Chair recognizes Councilman O'Neill.

Thank you, Madam President. I have one bill and one resolution.

The Clerk will please read the title of the bill.

An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by amending Chapter 14-1500 entitled "Areas a Surrounding Airports," by adding a new Section 14-1503 entitled "Building Setback Line," under certain terms and conditions.

This bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution.

A resolution honoring Deputy Sheriff George L. Steinberger. INTRODUCTION OF BILLS AND RESOLUTIONS

The Chair recognizes Councilman O'Neill.

Move the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The resolution has been adopted. The Chair recognizes Councilman Clarke.

Thank you, Madam President. I have one bill today.

The Clerk will please read the title of the ordinance.

An ordinance granting permission to Amerimar Networks Management Company, its successors ans assigns to construct, maintain and operate, replace and remove a duct bank of 24-inch diameter ducts for certain telecommunication uses in the public rights-of-way of the City of REPORTS FROM COMMITTEES Philadelphia .

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth.

Madam President, I have no bills or resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.

Madam President, no bills or resolutions today.

Thank you. The next order of business is reports from committees. And the Chair recognizes Councilman DiCicco for a report from the Streets and Services Committee.

Madam President, the committee on streets and services reports out 11 bills with a favorable recommendation.

The Clerk will please read the report.

To the President and Members of Council of the City of Philadelphia, the REPORTS FROM COMMITTEES Committee on Streets and Services to which was referred Bill No. 000765 entitled, an ordinance amending Section 2 of an ordinance, Bill 990754, approved December 24, 1999, entitled an ordinance authorizing the revision of lines and grades on portion of City Plan No. 246 by striking from City Plan and vacating 42nd Street from Woodland Avenue to 43rd Street. And Bill No. 000767, an ordinance amending Section 2 of an ordinance, Bill No. 990834, approved December 30, 1999, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 246 by striking from the City Plan and vacating the legally open portions of 45th Street, Saybrook Street and Melville Avenue. And Bill No. 000769, an ordinance authorizing the Marriott Courtyard Hotel, tenant of the property 21 North Juniper Street to construct and maintain three aluminum flagpoles and three in-ground floodlight fixtures in and on the public right-of-way of North Juniper Street. And Bill No. 000788 entitled, an ordinance authorizing the construction of sewers and appurtenant work on portions of Fulton Street REPORTS FROM COMMITTEES and Clymer Street. And Bill No. 010008 entitled, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 57 by striking from the City Plan Eadom Street from Pratt Street to Granate Street. And Bill No. 010009 entitled, an ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by permitting sidewalk sales in the 6th Councilmatic District by owners or tenants of abutting buildings. And Bill No. 010063 entitled, an ordinance authorizing the Raul Cadrera, owner of the property located 162 West Wishart Street, Philadelphia, to construct, use, and maintain a one-story garage extension on and over the east footway of Masters Street. And Bill No 010064, an ordinance granting permission to William Schluth, 6401 Torresdale Avenue, Philadelphia, to construct, use, and maintain private combination sanitary storm sewer main with five service connections under the east footway of the 6400 block of Vandike Street. And Bill No. 010067, an ordinance REPORTS FROM COMMITTEES amending Section 9-205 of the Philadelphia Code relating to sidewalk sales by providing for sidewalk sales on the 5000 block of Wissahickon Avenue on the west side. And Bill No. 010068, an ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalks sales by providing for sidewalk sales on the 3200 block of Fox Street on the east side. And Bill No. 010108 entitled, an ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by revising and expanding an existing area in which sidewalk sales are prohibited so as to prohibit sidewalk sales within an area bounded by Oregon Avenue, I-95, Front Street as extended to I-95, and 20th Street as extended to I-95, including both sides of any street bounding this area, all under certain terms and conditions; respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

The Chair recognizes Councilman DiCicco.

Thank you, Madam REPORTS FROM COMMITTEES President. I move that the rules of Council be suspended so as to permit first reading this day of the 11 bills that have just been read into the record. (Duly seconded.)

Thank you. It has been moved and seconded that the rules of Council be suspended in order to permit first reading this day of Bill Nos. 000765, 000767, 000769, 000788, 010008, 010009, 010063, 010064, 010067, 010068, and 010108. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the bills just read will be placed on today's First Reading Calendar. The Chair recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.

Madam President, the Committee on Licenses and Inspections reports REPORTS FROM COMMITTEES two bills with a favorable recommendation.

The Clerk will please read the report.

To the President and Members of the Council the City of Philadelphia, the Committee on Licenses and Inspections, to which was referred Bill No. 000712 entitled, an ordinance amending Title 4 of the Philadelphia Code entitled "Vacate Property License," and Section PM102.4 entitled, "Vacant Structures and Lots," by including vacant commercial buildings and lots and vacant wares, piers and docks as properties to be licensed, under certain terms and conditions. And Bill No. 000713 entitled, an ordinance amending Sub-code PM of Title 4 of the Philadelphia Code entitled, "The Philadelphia Property Maintenance Code," by requiring owners of vacant lots and vacant buildings to post a bond or other security for the City's potential cost of correcting code violations or abating unsafe or imminently dangerous conditions when authorized law, providing that failure to post such security will result in suspension of the vacant property license and all other licenses issued to such person under FIRST READING CALENDAR the Property Maintenance Code; respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.

The Chair recognizes Councilman Mariano.

Madam President, I move that the rules of Council be suspended as to permit first reading this day of Bills No. 000712 and 000713.

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading of Bill Nos. 000712 and 000713 at today's Session of Council. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The bills just read will be placed on today's First Reading Calendar. The next order of business is consideration of the calendar. The Clerk will FIRST READING CALENDAR please read the title of the bills on the First Reading Calendar.

Bill No. 010100, an ordinance approving a new plan estimated costs and proposed method charges of the Frankford Special Services District for and concerning business improvements and administrative service to the Frankford Avenue Business District of the City of Philadelphia.

The Chair agrees.

Bill No. 000714, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development without consideration a deed conveying fee simple to a certain tract of City-owned land with the buildings and improvements thereon situate at 500 to 510 West Montgomery Avenue.

The Chair agrees.

And Bill No. 000127, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia FIRST READING CALENDAR Authority for Industrial Development without consideration a deed conveying fee simple title to a certain tract of City-owned land with the buildings and improvements thereon situate 1021 Chestnut Street.

The Chair agrees.

And Bill No. 000765, an ordinance amending Section 2 of an ordinance, Bill 990754, approved December 24, 1999, entitled an ordinance authorizing the revision of lines and grades on portion of City Plan No. 246 by striking from City Plan and vacating 42nd Street from Woodland Avenue to 43rd Street.

The Chair agrees.

And bill 000767, an ordinance amending Section 2 of an ordinance, Bill No. 990834, approved December 30, 1999, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 246 by striking from the City Plan and vacating the legally open portions of 45th Street.

The Chair FIRST READING CALENDAR agrees.

And Bill No. 000769, an ordinance authorizing the Marriott Courtyard Hotel, tenant of the property 21 North Juniper Street to construct and maintain three aluminum flagpoles and three in-ground floodlight fixtures in and on the public right-of-way of North Juniper Street adjacent to 21 North Juniper Street, all under certain terms and conditions.

The Chair agrees.

And Bill No. 000788, an ordinance authorizing the construction of sewers and appurtenant work in portions of Fulton Street and Clymer Street.

The Chair agrees.

And Bill No. 010008, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 57 by striking from the City Plan Eadom Street from Pratt Street to Granate Street.

The Chair agrees. FIRST READING CALENDAR

And Bill No. 010009, an ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by permitting sidewalk sales in the 6th Councilmatic District by owners or tenants of abutting buildings, under certain terms and conditions.

The Chair agrees.

And Bill No. 010063, an ordinance authorizing the Raul Cadrera, owner of the property located 162 West Wishart Street to construct, use, and maintain a one-story garage extension on and over the east footway of Masters Street.

The Chair agrees.

And Bill No. 010064, an ordinance granting permission to William Schluth, 6401 Torresdale Avenue, to construct, use, and maintain private combination sanitary storm sewer main with five service connections under the east footway of the 6400 block of Vandike Street.

The Chair agrees. FIRST READING CALENDAR

And Bill No. 010067, an ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales by providing for sidewalk sales on the 5000 block of Wissahickon Avenue on the west side, under certain terms and conditions.

The Chair agrees.

And Bill No. 010068, an ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalks sales by providing for sidewalk sales on the 3200 block of Fox Street on the east side, under certain terms and conditions.

The Chair agrees.

And Bill No. 010108, an ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by revising and expanding an existing area in which sidewalk sales are prohibited so as to prohibit sidewalk sales within an area bounded by Oregon Avenue, I-95, Front Street as extended to I-95, and 20th Street as extended to I-95, including both sides, all under certain terms and conditions. FIRST READING CALENDAR

The Chair agrees.

And Bill No. 000712, an ordinance amending Title 4 of the Philadelphia Code, the Philadelphia Building and Occupancy Code, by amending Section A entitled, "Vacate Property License," and Section PM102.4 entitled, "Vacant Structures and Lots," by including vacant commercial buildings and lots and vacant wares, piers and docks as properties to be licensed, under certain terms and conditions.

The Chair agrees.

And Bill No. 000713, an ordinance amending Sub-code PM of Title 4 of the Philadelphia Code entitled, "The Philadelphia Property Maintenance Code," by requiring owners of vacant lots and vacant buildings to post a bond or other security for the City's potential cost of correcting code violations or abating unsafe and imminently dangerous conditions when authorized, all under certain terms and conditions.

The Chair agrees. SECOND READING AND FINAL PASSAGE CALENDAR This concludes the bills to be considered on the First Reading Calendar. Bills read by the Clerk will be placed on the Second Reading and Final Passage Calendar for the next Session of Council. The Chair recognizes Councilwoman Blackwell for the purpose of calling up bills to be considered on the Second Reading and Final Passage Calendar today.

Thank you, Madam President. I also believe, before I read those, that our guests, the 18 students and three teachers from the Republic of Maldives, I believe they've arrived. Again, they attend school in Councilman Clarke and DiCicco's area until April 10, Bodine Franklin Learning Center and Masterman.

If have they would rise, we like we would like to recognize you. Please stand and we welcome you. (Applause.)

Thank you. Councilwoman Blackwell.

Thank you, Madam President. Today Bill Nos. 010001, 010002, SECOND READING AND FINAL PASSAGE CALENDAR 010003, 010004, 010005, 010011, 010012, 010013, 010006, 010007, 010062, 000718, 010123, 010124, 000766, 000770, 010109 are being called up for second reading and final passage. All other bills are being held.

Thank you. The Clerk will please read the title of Bill No. 010001.

An ordinance to adopt a capital program for the sixth fiscal years 2002 to 2007, inclusive.

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.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman Cohen.

Aye.

Councilman DiCicco.

Aye.

Councilman Goode. SECOND READING AND FINAL PASSAGE CALENDAR

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilman Longstreth.

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ortiz.

Aye.

Councilwoman Reynolds-Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna. SECOND READING AND FINAL PASSAGE CALENDAR

Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, this bill passes. The Clerk will please read the title of the Bill No. 010002.

An ordinance to adopt a Fiscal 2002 Capital Budget.

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.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman Cohen.

Aye.

Councilman DiCicco.

Aye.

Councilman Goode.

Aye.

Councilman Kenney.

Aye. SECOND READING AND FINAL PASSAGE CALENDAR

Councilwoman Krajewski.

Aye.

Councilman Longstreth.

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ortiz.

Aye.

Councilwoman Reynolds-Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in SECOND READING AND FINAL PASSAGE CALENDAR the affirmative, the bill passes.

The Clerk will please read the title of Bill No. 010003.

An ordinance amending Chapter 19-1500 of the Philadelphia Code entitled "Wage and Net Profits Tax," by decreasing the rates of the tax.

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.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman Cohen.

Aye.

Councilman DiCicco.

Aye.

Councilman Goode.

Aye.

Councilman Kenney.

Aye. SECOND READING AND FINAL PASSAGE CALENDAR

Councilwoman Krajewski.

Aye.

Councilman Longstreth.

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ortiz.

Aye.

Councilwoman Reynolds-Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in SECOND READING AND FINAL PASSAGE CALENDAR the affirmative, the bill passes. The Clerk will please read the title of Bill No. 010004.

An ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes," by decreasing the rate of the tax based upon gross receipts.

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.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman Cohen.

Aye.

Councilman DiCicco.

Aye.

Councilman Goode.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski. SECOND READING AND FINAL PASSAGE CALENDAR

Aye.

Councilman Longstreth.

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ortiz.

Aye.

Councilwoman Reynolds-Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. SECOND READING AND FINAL PASSAGE CALENDAR The Clerk will please read the title of Bill No. 010005.

An ordinance adopting the Operating Budget for Fiscal Year 2002.

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.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman Cohen.

Aye.

Councilman DiCicco.

Aye.

Councilman Goode.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilman Longstreth.

Aye. SECOND READING AND FINAL PASSAGE CALENDAR

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ortiz.

Aye.

Councilwoman Reynolds-Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

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 Clerk will please read the title of the 010011.

An ordinance amending SECOND READING AND FINAL PASSAGE CALENDAR Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by amending Section 19-1801 to further authorize the Board of Education of the School District of Philadelphia to impose a tax on real estate within the City of Philadelphia.

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.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman Cohen.

Aye.

Councilman DiCicco.

Aye.

Councilman Goode.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilman Longstreth. SECOND READING AND FINAL PASSAGE CALENDAR

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ortiz.

Aye.

Councilwoman Reynolds-Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

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 Clerk will please read the title of Bill No. 010012. SECOND READING AND FINAL PASSAGE CALENDAR

An ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by amending Section 19-1804 to further authorize the Board of Education of the School District of Philadelphia to impose a tax on net income from real property and tangible and intangible personal property of residents of the School District of Philadelphia.

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.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman Cohen.

Aye.

Councilman DiCicco.

Aye.

Councilman Goode.

Aye.

Councilman Kenney.

Aye. SECOND READING AND FINAL PASSAGE CALENDAR

Councilwoman Krajewski.

Aye.

Councilman Longstreth.

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ortiz.

Aye.

Councilwoman Reynolds-Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.