COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, May 28, 1998 11:26 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT JOHN F. STREET COUNCILWOMAN AUGUSTA A. CLARK COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DAVID COHEN COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN ANNA CIBOTTA VERNA COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN HAPPY FERNANDEZ COUNCILWOMAN MARIAN B. TASCO COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK DICICCO COUNCILMAN BRIAN J. O'NEILL COUNCILMAN RICHARD T. MARIANO COUNCILMAN FRANK RIZZO MARIE B. HAUSER, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 STATED MEETING - OPENING AND INVOCATION P R O C E E D I N G S.
Good morning, ladies and gentlemen. The Chair notes that the hour has come and that a quorum is present. Council will come to order. Members will take their seats, visitors will retire to the seats outside the rail. To give our invocation this morning, the Chair welcomes Reverend Darrylin P. Gordon, who is the Pastor of St. Thomas United Methodist Church. Reverend Gordon is here is today as a guest of Councilman Mariano. Members and guests will please rise.
Good morning. I'd like to thank the President, the Members of Council, our Councilmember Rick Mariano, those members who have attended here from northeast Frankford Philadelphia, and those who are here for the session. May we bow our heads. Father God, we thank you for this day and this opportunity that we can come and deliberate and meet. We thank you for the blessings that you have bestowed upon us for all STATED MEETING - OPENING AND INVOCATION these many years. And, Lord, I would ask even now as this group come to decide the issues of the day for the people of this city, I ask, O, God, that you would give the the faith of Abraham, I ask that you would give them the loyalty of Esther, I ask that you would give them the courage of David, that you would give them the wisdom of Debra, that you would give them the vision of Ezekiel, that you would give them the fearlessness of John the Baptist, that you would give them the love and compassion for people of Jesus. I ask, O, God, that you would help them meditate and that you would help them decide issues that would affect great and small, rich poor, black and white. Bless them as they meet, and guide them on the way. And we will continue to give you thanks. In the name of our savior, Christ Jesus, we say amen. ALL: Amen.
The Chair thanks Reverend Gordon for her inspiring invocation. STATED MEETING - JOURNAL APPROVAL, LEAVES OF ABSENCE
The next order of business is the approval of the journal of the meeting of Thursday, May, 14, 1998. The Chair recognizes Councilwoman Clark.
Mr. President, I move the adoption of the journal of May 14, 1998. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The journal of the meeting of Thursday, May 14, 1998 stands approved.
The next order of business is leaves of absence. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. On behalf of the Majority, there are no requests for leaves of absence.
The Chair thanks Councilwoman. STATED MEETING - VISITOR RECOGNITION, PRESENTATIONS The Chair recognizes Councilman O'Neill.
Mr. President, on behalf of the Republicans, leave of absence is requested for Councilman Thacher Longstreth.
Leave will be granted. The Chair thanks the Councilman.
At this time, we will dispense with our regular order of business to recognize visitors. To all of our visitors and guests with us this morning, we welcome you here and applaud your interests in the civic affairs of our city, and certainly invite you to come again. We have two presentations today. Our first presentation will honor St. Joseph's Preparatory School Football Team. To make this presentation, the Chair appoints Councilmembers Kenney, O'Neill, and Nutter. The Chair invites Coach Gil Brooks and those with him to come and receive this resolution.
Coach, could you STATED MEETING - VISITOR RECOGNITION, PRESENTATIONS come this way, Father Sauder, and Mr. Murray, the Athletic Director. And members of the team, please come through the middle aisle and assemble here. (Applause.)
Please proceed. (Most of the proper names appearing in the following text re St. Joe's preparation are phonetically spelled.) St.
Thank you, Mr. President. This is a resolution congratulating St. Joseph's Prep School's Football Team on winning the 1997 Catholic League Championship on December 6, 1997. Whereas, in the thrilling finale to a great season St. Joe's Prep defeated Archbishop Ryan 14 to 3 before a roaring, very shivering, and very cold throng of 10,000 spectators at Northeast High School the win their first Catholic League Title in 20 years; and Whereas the victory, the Prep's twelfth of the year, was the culmination of the most successful season in St. Joe's Prep storied STATED MEETING - VISITOR RECOGNITION, PRESENTATIONS football history; and Whereas, in addition to winning the Philadelphia Catholic League Title, the Prep ended their campaign ranked number in the City, number in Southern Pennsylvania, and number in the entire region; and. . .
. . . And, whereas, after a disappointing and start, this squad, under the guidance of Coach Gil Brooks, Class of '75, and the leadership of senior co-captains Aaron Brown, Dan Gress, Victor Hobson, and Sean Kaleen, went undefeated during the remainder of the season and defeated every team in the Southern Division; and Whereas the Prep defeated Monsignor Bonner in the quarter finals. And following this victory, followed this victory with a semi-final win over Father Judge, a Thanksgiving Day victory over LaSalle, and the championship game triumph over Ryan. These three teams were ranked in the top five in the City, and the best 15 in the area; and Whereas it took incredible focus, guts, and determination, along with the support of the STATED MEETING - VISITOR RECOGNITION, PRESENTATIONS entire Prep community to accomplish the goal of securing the Catholic League Championship. . .
And whereas eight athletes were selected as First Team All Catholic, with Victor Hobson being selected as MVP of the Southern Division, eleven members of the team were selected to participate in the League All-Star Game, and four were named All City by The Inquirer; and Whereas the Prep is most proud of the fact that eight of their senior players were name as National Honor Society students, which is what being a student at the Prep is all about; Therefore revolved by the Council of the City of Philadelphia that we congratulate the 1997 St. Joe's Prep Football Team on winning the Catholic League Championship. Resolved that an engrossed copy of this resolution be presented to the St. Joseph's Prep Football Team and to Coach Gil Brooks, further evidencing the sincere sentiments of this legislative body. (Applause.)
At this time, the STATED MEETING - VISITOR RECOGNITION, PRESENTATIONS Chair recognizes Coach Gil Brooks for remarks. COACH BROOKS: Thank you very much, Mr. Chairman. It's a great honor to be here today. We're very grateful that we won the Catholic League Championship and we're very grateful that we finished number one in the City this year. As most of you know, St. Joseph's Prep is part of the fabric of this great city. City Council is the voice of this city, so it's a very big honor for us to be here today, knowing that the City has recognized and appreciates our achievements. We're proud of the achievements both on the football field and academically. That's what it's all about. And we thank you for honoring us here today. We also have a little something for the City Councilmembers. Guys, if you'll hands those out. (Team members hand out St. Joe's Prep jerseys to City Councilmembers.) (Applause.) COACH BROOKS: Those are for you to STATED MEETING - VISITOR RECOGNITION, PRESENTATIONS keep. And, yes, they were washed. Thank you very much. (Applause.)
Our second presentation recognizes the centennial of the Philippine Declaration of Independence. To make this presentation, the Chair appoints Councilwoman Verna. The Chair invites Dr. Murillo Mangubat and those with him to come and receive this resolution.
Thank you, Mr. President. I am delighted to present a resolution which reads as follows: Congratulating the centennial of the Philippine Declaration of Independence. Whereas 1998 marks the centennial of the Philippine Declaration of Independence from Spain in 1898 and the proclamation of the Malolos Constitution thereby establishing the first constitutional democracy in Asia; and STATED MEETING - VISITOR RECOGNITION, PRESENTATIONS Whereas the Philippines gave the world a democratic example in the people power revolution of 1986; and Whereas 1998 celebrates a century of friendly and mutual relationships between the Philippines and the United States; and Whereas the United States and the Philippines fought together to defend democracy in World War II and remained staunch allies. The Philippine and the American peoples enjoy ties as a consequence of this complex century of interactions; and Whereas nearly 2 million Filipino-Americans, the fastest-growing population among Asians enhance the quality of American life and continually maintain their rich heritage, culture and traditions, strong family values and working ethics. They have distinguished themselves in various endeavors, thus making important contributions to the prosperity of the State and nation. Now there resolved by the Council of the Philadelphia that we hereby recognize June 12, 1998 as the centennial of Philippine independence STATED MEETING - VISITOR RECOGNITION, PRESENTATIONS and the United States-Philippine friendship. Resolved that an engrossed copy of this resolution be presented to Dr. Murillo Mangubat, President of the Filipino Executive Council of the Greater Philadelphia as evidence of the sincere sentiments of this legislative body. Certification. This is a true and correct copy of the original resolution adopted by the Council of Philadelphia on the 7th day of May, 1998, introduced by Ann Verna for Councilman President John Street and cosponsored by all Members of Council. Congratulations to you. (Applause.)
Thank you very much, Council President Street and also Councilperson Miss Verna. It is just proper that we celebrate our 100 years of independence from Spain in this honorable City of Philadelphia, the birthplace of freedom and independence in this country. On behalf of almost 20,000 Filipinos living in the STATED MEETING - VISITOR RECOGNITION, PRESENTATIONS greater Philadelphia area, I'd like to extend our deepest appreciation and gratitude for the City Council of Philadelphia for honoring our 100 years of the anniversary of independence from Spain and the start of our lasting friendship. I thank you very much. (Applause.)
At this time, if I could have your attention, at this time, we'd like to recognize the presence of one of the great labor leaders of our city, Mr. Tom Cronin, who's here with some of his members. (Applause.)
They have a very serious labor situation that they're working on. I would just like to let them know that they are always welcome here, in the City Council of Philadelphia. We are of your situation. I will tell you that I have talked to the Mayor and others about it, and we're going to do everything we can STATED MEETING - COMMUNICATIONS as a legislative body to see to it that it gets resolved in a way that's fair and equitable to the interests of your union. And we appreciate your being here today. Thank you very much. (Applause.)
The next order of business is communications. The Chair recognizes the Sergeant-At-Arms for the purpose of delivering the messages from the Mayor to the Chief Clerk. (Sergeant-At-Arms delivers messages from the Mayor to the Chief Clerk.)
's: 970403, 970692, 970745, 970749, and 970750. 's 970742, 980193, and 980228. And to the President and Members of the Council of the City of Philadelphia, I am transmitting herewith for the introduction and consideration of your honorable body the following four resolutions appointing members to the Board of Directors of the South Street Head House District of Philadelphia, namely: Michael M. Boyle, Jeanne Fiorelli, Bernice Hamel, and Johanna Hambrose. , and Bill Funk. , Kemel Dawkins, Jerald S. Batoff, STATED MEETING - COMMUNICATIONS Naomi Street. And five resolutions reappointing current members to the Board of Directors of the Hospitals and Higher Education Facilities Authority of the City of Philadelphia, namely: Manuel N. Stamatakis, Robert W. Bogle, Mark A. Turnbull, Maurice A. Clifford, Theodore Burden. And two resolutions reappointing current members to the Board of Directors of the Southeastern Pennsylvania Transportation Authority, namely: Richard Voith and Jettie Newkirk. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of Model Cities Urban Renewal Area. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of Cecil B. Moore Avenue Urban Renewal Area. STATED MEETING - COMMUNICATIONS And an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by the Community College of Philadelphia for the Hospitals and Higher Education Facilities Authority of the City of Philadelphia to participate with the Community College of Philadelphia in a project. And an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by the Jefferson Health System ("The System") and Albert Einstein Healthcare Network ("AEHN") for the Hospitals and Higher Education Facilities Authority of Philadelphia to participate with The System and AEHN in financing a project. And an ordinance declaring that it is desirable for the health, safety, and welfare of the people of the area served by the Philadelphia School, Northeastern Hospital, and St. Joseph Villa Nursing Home for the Hospitals and Higher Education Facilities Authority of Philadelphia to undertake a certain project. And an ordinance amending Chapter 19-2600 of The Philadelphia Code entitled STATED MEETING - COMMUNICATIONS "Business Privilege Taxes" by providing that a person whose activity within Philadelphia does not exceed solicitation shall not be subject to the net income portion of the tax imposed by that chapter. And an ordinance constituting the supplemental ordinance to the Amended and Restated General Airport Revenue Bond Ordinance authorizing the Mayor, the City Controller, the City Solicitor, or a majority of them, to issue one or more series of Airport Revenue Bonds. And an ordinance authorizing the Commissioner of Public Property, Director of Commerce, Director of Aviation, and other officials of the City to acquire real estate and enter into certain leases and other agreements with the Philadelphia Authority for Industrial Development and other parties. And an ordinance authorizing the Commissioner of Public Property, on behalf the of City of Philadelphia, to enter into a real estate purchase contract with Louis Fox, an individual, and Catherine Katz, an individual, and to accept the deed for the purchase of the property at 700 STATED MEETING - COMMUNICATIONS through 704 North Third Street.
And an ordinance authorizing the Commissioner of Public Property, on behalf of City of Philadelphia, to enter into a sublease agreement with the Philadelphia Authority for Industrial Development for use by the City and affiliated agencies office space located at 909 Spring Garden Street, Philadelphia, Pennsylvania. And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease to the Philadelphia Authority for Industrial Development the American Tower Systems LP a portion of a certain parcel of ground located at 5201 Umbria Street. And an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to execute and deliver to the Redevelopment Authority of the City of Philadelphia for no consideration deed or deeds conveying fee simple title to certain parcels of City-owned land situated at 800 North Broad Street. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 120 of an area bounded by 18th Street, STATED MEETING - COMMUNICATIONS 19th Street, Master Street, and Jefferson Street. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58 by striking from the City Plan and vacating Reno Street from Broad Street to 13th Street. And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with Red Cab Limited Partnership, a Pennsylvania limited partnership, for use by the City of premises located at 4000 North American Street. And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to a parcel of real estate, with any improvements situated thereon, located at 3827 through 37 Whittaker Avenue, Philadelphia, Pennsylvania.
These messages will be printed in the journal. The Chief Clerk will read any other communications in her possession.
I have none Mr. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS President.
The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Clark.
Mr. President, today I have four resolutions and four bills on your behalf.
An ordinance authorizing the Commissioner of the Department of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Redevelopment Authority of the City of Philadelphia, for no consideration a deed or deeds conveying fee simple title to a certain parcel of City-owned land situated at 800 North Broad Street. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58 by striking from the City Plan and STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS vacating Reno Street. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 120 of the area bounded by 18th Street, 19th Street, Master Street, and Jefferson Street. And an ordinance granting permission to Herman Hinton, owner and operator of the newsstand located on the southeast corner of Ridge and Girard Avenue, to install, use, and maintain certain electrical wires, conduits, and appurtenance, in, under, and across the southeast corner of Ridge and Girard Avenue, for the purpose of supplying electrical service to said newsstand.
These bills will be referred to the appropriate committee. The Clerk will please read the title of the first resolution introduced by Councilwoman Clark.
The Chair recognizes Councilwoman Clark for a motion that the adoption -
I move the STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS adoption of the resolution, sir. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The Clerk will please read the title of the Second resolution introduced by Councilwoman Clark.
A resolution honoring the Council of the City of Philadelphia -- recognizing and honoring Carolyn Gray as Philadelphia's 1998 Teacher of the Year.
Mr. President, this resolution is cosponsored by Councilwoman Donna Miller, and I move the adoption of the resolution. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS The ayes have it. The resolution is adopted. The Clerk will please read the title of the third resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of Cecil B. Moore Avenue Urban Renewal Area, also sometimes identified by house number and street of 1724 Willington Street.
I move the adoption of the resolution. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution adopted.
The Clerk will please read the title of the last resolution. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of Model Cities Urban Renewal Area identified by house numbers and street addresses as 2211, 2218, 2219 West Berk Street.
I move the adoption of that resolution, sir. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Mr. President, I have two resolutions today -- one that I'm passing up immediately and the other that is being prepared since, I understand, I can't introduce an STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS amendment that is being prepared. That would replace one that's on the second reading today.
One I've already submitted. And the other is on its way.
Okay. The Clerk will please read the titles of the bills.
A resolution calling for the City Council Committee on Education to hold public hearings to investigate and to propose removal of bus attendants from City buses transporting public school students.
Mr. President, I move the adoption. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. Councilwoman Blackwell, is that the STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS only thing that you're going to introduce?
Mr. President, I offer one resolution cosponsored by all the other Members of City Council.
The Clerk will please read the title of the resolution.
A resolution calling upon the First Judicial District to return to the bargaining table with unions representing Philadelphia parole and probation officers so as to negotiate a new collective bargaining agreement that protects the legitimate interests of both these hard-working and courageous employees and the local court system.
The Chair recognizes STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS Councilman Cohen.
Thank you, Mr. President. I think this resolution is a very unusual one that faces us. We often have before us problems where both parties sit down at the bargaining table. Maybe they have great difficulty coming to an agreement. Maybe, as in SEPTA, it's a very protracted procedure. Maybe there's even a strike. But rarely do we face a case in which one side just arbitrarily says, I no longer am going to meet the same obligations I've met for the last 18 years, even though we have had STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS contracts for 18 years and we have honored the contract, even as we tried to see if we can reach agreement on another contract, but you're kind of too pesky, you're raising too many issues. Therefore, we're going to kind of take our marbles and go home and leave the bargaining table. Now, in an ordinary employer-employee situation, that itself might be pretty serious. But when this happens at the level of the court system, it strikes at the very concept of justice in every situation affecting us in Philadelphia. This is our Philadelphia court system arbitrarily deciding that we're no longer going to bargain with employees, even though we have done it. Incidently, this part of the bargaining deals with non-economic terms. The employees are City employees and are covered on economic terms by the contract that has been signed already. And, traditionally, there have been separate contracts relating to the working-condition aspects: health and safety, as the resolution points out; due process during grievance procedures. If any employee feels he or she has been unfairly treated, they have a process STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS that they can go through in which there is due process in the sense that if necessary, third parties are ultimately drawn in. But, suddenly, the court systems says, We were wrong in having done it all these years, and now we're free not to do it and we're not going to be doing it anymore. Now, the court system, in addition to having to have a reputation as an honest body, as a body full of integrity, as a body where others seek justice, the court system plays a very special role in a democratic society. And to have this court system say, We are not going to recognize the democratic rights of our employees who are organized in a union, with whom we've dealt for 18 years, and we're just going to arbitrarily say we don't recognize contracts, it's hard to describe how one reacts to such a situation. Courts traditionally hold other parties responsible for meeting contractual obligations. All of us who are lawyers know that judges spend a lot of time telling people, you know, You've signed a contract so you have an obligation to STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS meet the terms of the contract. But here, in a matter involving close human relations by a group of employees who literally put their lives at stake -- because this is the Parole and Probation Department where they're dealing with people who have already been adjudicated as being guilty of crimes, and they have close and continuing contact with them. To have this refusal to bargain just sort the boggles the mind. And, therefore, Mr. President, I just think it's you urgent and that we appreciated the statement you made at the outset of this part of the meeting, that you're going to be using the full force of the Council President's office to attempt to bring this unhappy situation to a fair conclusion. And we hope that the members of the court system understand their responsibility to the whole society 'cause if they're to be a body that others can trust to arrive at just and fair solutions, they've got to prove it by treating their employees in a just and fair way. Thank you, Mr. President. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS
(Off mike, not entirely audible. The following is only what the stenographer could hear.) Mr. President, I support the resolution introduced by Councilman Cohen. I certainly. . . probation almost eight years. And while I was a probation officer, I was one of two organizers for this union. And we organized this union and. . . we didn't know whether we were going to be working the rest of the day, but as soon as we got caught, we were fired. . . But I felt so strongly about what was going on with my colleagues and it wasn't because we weren't making a lot of money -- we weren't making a lot of money, we were okay. The problem was the non-economic conditions. They were deplorable. They included things like having to use your own car and then getting a parking ticket down at the court house and then having to go down and beg the Traffic STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS Court judge to. . . your fines with a group of 20 or 30. . . I'm proud to say that of the four of us, all four became attorneys, and we were not in there for the long hall. The fruits of our labor. . . people that were working as probation officers. The other person work with me in Juvenile and I'm proud to say that he's an attorney representing District Council 33 over the last 20 years. Our jury commissioner. . . organizers, and we're very proud of that. It took three years because Judge Bradley at the time would not recognize. . . Overwhelming number of union. . . signatures, and that's why we never got to. . . because it was three years. . . So I support this, I feel strongly about it. And any way that this City Council and, hopefully, this Mayor can help, this should be on our front burner. Thank you, Mr. President. (Applause.)
Thank you very much. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS I'd like to remind Councilmembers that when you're speaking that you should please make sure that you have your little lapel mikes on so that you can be heard over the amplifying system. The Chair recognizes Councilman Blackwell.
Thank you, Mr. President. Certainly I agree with the statements of my colleagues and commend my colleague for introducing such legislation during these trying times where it's just unbelievable that people could go on and on and on and not have the chance to bargain and not have the chance to conclude bargaining rights dealing with unions and dealing with work that they do, especially with citizens of our City. So, certainly, I commend him on this, and support him wholeheartedly in this resolution. Thank you. (Applause.)
Thank you very much. The Chair recognizes Councilwoman Clark. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS
Mr. President, I am particularly pleased to join with Councilman Cohen and others who have spoken in favor of the fairness of the right to collectively bargain. My husband was a probation officer. He's retired now, but I have great sympathy for the work and the significance of the work that these people do in making the law enforcement system fair and equitable. And for that reason, I am joining in my support and urging other colleagues to support this fine effort at fairness. Thank you. (Applause.)
Thank you very much. The Chair recognizes Councilman Ortiz.
Mr. President, I concur with my colleagues. And I always knew that underneath that Republican exterior beat a trade unionist in Brian O'Neill. (Laughter.)
But I think what we have hear is, as that prison guard told Paul Newman in "Cool Hand Luke," a failure to STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS communicate. And it seems like the situation that Councilman O'Neill described in which President Bradley did not recognize the union is still with us today because they are not recognizing the union, and that they refuse to sit down to negotiate. And at the beginning, they said it was because that the State takeover was imminent; and now, it's because the union has non-negotiable demands. Well, due process and rights to appeals are not really non-negotiable; they're just rights that should be there for every worker, and they are there for every individual that goes before the court system. So I do not understand why there is a failure to negotiate at this time. I thank the union. The workers have been out on the sidewalk. All they have to do is for the judges to come out and invite some of those individuals to come in and negotiate. I'm sure they would do that, I'm sure they would be more than willing to meet anywhere to sit down and negotiate a fair contract. What we have here is a system that just STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS refuses to recognize workers' rights. And for judges to sit on the bench and do that, I think it runs counter to the whole tradition of American justice. I think we need to be able to send a message by this Council voting unanimously that we will not tolerate this type of situation, this type of abuse. And as a member of the courts and as an attorney, I really feel ashamed that our judicial system is treating its workers in this manner. It is 1998; it is not 1880. I think workers have earned some rights. I think they have earned the rights of appeal, of grievance. I think it's about time that our judges came into the 21st century and recognized those things and sat down and negotiated with them and give them a fair contract. Thank you, Mr. President. (Applause.)
Thank you very much. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. While I am in total agreement with all STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS of the comments of the past speakers and Members of Council, it was a while ago that I think we had passed the court district budget. And at the time, I didn't necessarily understand and maybe didn't agree with the fact that we had given them a six-month allocation for their budget, and I think that's still the case today. They haven't been in for their second six-month allocation. And perhaps Members of this Council ought to take into account, when we do that additional appropriation, the actions of the court system in regard to their employees, and maybe they should wait as long for their appropriation as these individuals are waiting for their right to bargain effectively in this -(Applause.)
And since we are funding the courts and, you know, there's an argument and a continuing decade-long discussion about State funding of the court, as long as we're providing that money, I think we should be holding those judges accountable and to standards that we accept before we agree to give them additional dollars to run that court system. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS Thank you. (Applause.)
Thank you, Mr. President. I'll be brief. There have been many comments made this morning that I would also certainly agree with. I wanted to take some issue, though, with what I read as comments in a newspaper report about this particular issue and what I thought were somewhat interesting comments. On the one hand, I believe the present judge indicated that these workers are at-will employees, and I was somewhat perplexed by that. I often rely on our colleague Councilman Cohen in these kind of labor law matters, but I was somewhat perplexed as to how someone who is a member of the union and in a bargaining unit could then be considered as an at-will employee. Those terms seem to be somewhat in conflict with each other. It, quite honestly, just didn't make any sense. And, secondly, they said, Well, even if STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS we have been negotiating with these people for the last 16 years, we now think that that was a mistake and, therefore, we're not going to do that anymore. It seems to me that, regardless of whether they think it's a mistake or not, you can't ignore 16 years of history, and you have to find some other process than we don't want to talk to you and we're just not going to do it because we don't want to. It sounds like almost something that any of our parents may have said to us as children a long time ago, that, Well, it is because I said so, and that's just the way it is. Lastly, my colleague Councilman Kenney raised the issue about the imminent State takeover. When the City proposed to only give the courts, I believe first, Councilman, it was a month-allocation, the courts responded by saying that, Well, if you don't give us the rest, we're going to sue you. So on the one hand they believe that their actions are justified by the imminency of the State takeover; but, on the other hand, when we take an action based on what we think is STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS imminent takeover by the State, they then threaten to sue us. They need to figure out where they want to be. But, bottom line, they need to sit down and talk to these folks and come to some reasonable agreement that respects their rights and allows the court system to continue to function and operate in some rational fashion. Thank you, Mr. President.
Mr. President, in view of the importance of this matter, I'm asking for roll-call vote.
I want everybody to answer the question "yea" or "nay."
Councilwoman STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS Clark.
Councilman Nutter. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS
Aye. The ayes are 16, the nays are 0. The majority of all the Members of Council -- as a matter of fact, every Member present having voted in the affirmative, the resolution is adopted. (Standing ovation.)
The Chair recognizes Councilwoman Blackwell. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS
Mr. President, I have the final ordinance for introduction today.
An ordinance renaming Cobbs Creek Skate House in the Park to "The Laura Sims Skate House in Cobbs Creek Park."
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski. (No response.)
Thank you, Mr. President. On your behalf, I offer twelve resolutions. I also offer five bills by my request.
An ordinance amending Chapter 19-2600 of The Philadelphia Code entitled "Business Privilege Taxes" by providing STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS that a person whose activity within Philadelphia does not exceed solicitation shall not be subject to the net income portion of the tax imposed by that chapter. And an ordinance establishing a parking regulation on Fitzwater Street, both sides, 19th Street to 20th Street. And an ordinance constituting the supplemental ordinance to the Amended and Restated General Airport Revenue Bond Ordinance authorizing the Mayor, the City Controller, the City Solicitor, or a majority of them, to issue one or more series of Airport Revenue Bonds. And an ordinance authorizing the Managing Director to execute, on behalf of the City of Philadelphia, an amendment to the contract dated as of August 1, 1987 with the Redevelopment Authority of the City of Philadelphia and to thereby continue providing City financial assistance to a project fostering long-term housing opportunities for the homeless in the City by providing that obligations of the City under the contract shall also apply to certain bonds issued to refund the Authority's existing and STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS outstanding bonds subject to such contract and to certain additional bonds issued to pay project costs, as identified in the contact and authorizing the Director of Finance and all proper officials of the City to take certain actions required under this ordinance. And an ordinance authorizing the Commissioner of Public Property, the Director of Commerce, the Director of aviation, and other officials of City to acquire real estate and enter into certain leases and other agreements with the Philadelphia Authority for Industrial Development and other parties necessary to permit development of two new airport terminals and other airport improvement.
These bills will be referred to the appropriate committees. The Clerk will please read the titles of all of the resolutions introduced by Councilwoman Verna, which will be referred to the appropriate committee, I believe.
A resolution appointing Theodore Burden to the Board of Directors of the Hospitals and Higher Education STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS Facilities Authority of the City of Philadelphia. And a resolution appointing Marie C. Clifford bowing to the Board of Directors of the Hospitals and Higher Education Facilities Authority. And a resolution appointing Mark A. Turnbull to the Board of Directors of the Hospitals and Higher Education Facilities Authority. And a resolution appointing Robert W. Bogle to the Board of Directors of the Hospitals and Higher Education Facilities Authority of Philadelphia. And a resolution appointing Manuel N. Stamatakis to the Board of Directors of the Hospitals and Higher Education Facilities Authority. And a resolution appointing Ellis Wachs to the Board of Directors of the Philadelphia Municipal Authority. And a resolution appointing Frank Monteque to the Board of Directors of the Philadelphia Municipal Authority. And a resolution appointing Kemel STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS Dawkins to the Board of Directors of the Philadelphia Municipal Authority. And a resolution appointing Jerald S. Batoff to the Board of Directors of the Philadelphia Municipal Authority. And a resolution appointing Naomi Street to the Board of Directors of the Philadelphia Municipal Authority. And a resolution appointing Richard Voith to the Board of Directors of the Southeastern Pennsylvania Transportation Authority. And a resolution appointing Jettie Newkirk to the Board of Directors of the Southeastern Pennsylvania Transportation Authority.
These resolutions will be referred to the appropriate committee. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. I offer one bill by request.
An ordinance STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS declaring that it is desirable for the health, safety, and welfare of the people of the area served by the Philadelphia School, Northeastern Hospital, and St. Joseph's Villa Nursing Home for the Hospitals and Higher Education Facilities Authority of the City of Philadelphia to undertake certain projects.
This bills will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
An ordinance authorizing transfers and appropriations for Fiscal Year 1999 within the General Fund from certain or all City offices, departments, boards, and commissions to certain or all City offices, departments, boards, and commissions. And an ordinance establishing a parking regulation on Torresdale Avenue east side, Wellington Street to a point 187 feet north of STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS Wellington Street. And an ordinance to amend Chapter 12-2400 of The Philadelphia Code entitled "Towing and Immobilizing of Parked or Abandoned Vehicles" by revising towing zone locations.
These bills will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
Thank you, Mr. President. Today I have no bills or resolutions the.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Nutter.
The Chair thanks the Councilman. The Chair recognizes Councilwoman Fernandez.
Mr. President, I have no bills or resolutions this morning -- I mean this afternoon. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Tasco.
Mr. President, I offer three bills and one resolution.
An ordinance declaring it is desirable for the health, safety, and welfare of the people in the area served by Jefferson Health System ("The System") and Albert Einstein Healthcare Network ("AEHN") for the Hospitals and Higher Education Facilities Authority of Philadelphia to participate with The System and AEHN in a project. And an ordinance authorizing the Mayor to enter into an amendment to the agreement authorized by the ordinance approved December 29, 1972, Bill No. 455, as amended, between the City of Philadelphia and the Philadelphia Facilities Management Corporation relating to the operation and management of the Philadelphia Gas Works ("Gas Works"), under certain terms and conditions, by STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS authorizing the Philadelphia Facilities Management Corporation, on behalf of the City, and the Gas Works to enter into the electric supply business, under certain terms and conditions. And an ordinance authorizing the striking from City Plan No. 244 and abandoning of a certain right-of-way for drainage purposes from Haines Street to East Burn Avenue, under certain terms and conditions.
These bills will referred to the appropriate committee. The Clerk will please read the title of the resolution introduced by Councilwoman Tasco.
An ordinance declaring June as "Parenting Education Month."
I'm sorry, it's a resolution, resolution declaring June as "Parenting Education Month."
Mr. President, I move for the adoption of the resolution. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilman Ortiz.
The Chair thanks the Councilman. The Chair recognizes Councilman DiCicco.
Thank you, Mr. President. I offer four bills and seven resolutions. And I correct my earlier statement to you in the caucus room. Thank you.
An ordinance establishing a parking regulation on Catherine Street, both sides, Sixth Street to Seventh Street. An ordinance authorizing the STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a real estate purchase contract with Louis Fix, an individual and Catherine Katz, an individual, and to accept a deed for the purchase of properties located at 700 through 4 North Third Street, and 309 through 11 Fairmount Avenue, in Philadelphia, Pennsylvania, under certain terms and conditions. And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with Spring-Del Associates, a partnership, for use by the City of premises located at 520 through 534 North Delaware Avenue, also known as North Columbus Boulevard, Philadelphia, Pennsylvania, under and being subject to certain terms and conditions. And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement with the Philadelphia Authority for Industrial Development for use by the City and affiliated agencies an office space located at 990 Spring Garden Street, Philadelphia, Pennsylvania. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS
These bills will be referred to the appropriate committee. The Clerk will please read the titles of the resolutions introduced by Councilman DiCicco.
A resolution appointing Jeanne Fiorelli to the Board of Directors of the South Street Head House District of Philadelphia. And a resolution appointing Johanna Hambrose to the Board of Directors of the South Street Head House District of Philadelphia. And a resolution appointing Bernice Hamel to the Board of Directors of the South Street Head House District of Philadelphia. And a resolution appointing Marvin Finkelstein to the Board of Directors of the South Street Head House District of Philadelphia. And a resolution appointing Nicholas Montone to the Board of Directors of the South Street Head House District of Philadelphia. And a resolution appointing Michael M. Boyle to the Board of Directors of the South Street Head House District of Philadelphia. STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS And a resolution appointing Bill Funk to the Board of Directors of the South Street Head House District of Philadelphia.
These resolutions will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
An ordinance amending Title 14 of The Philadelphia Code relating to zoning and planning by amending Chapter 14-200 entitled "Residential Districts" by adding a new Section 14-202.1 entitled "R1-A Residential District" by providing district regulations and controls and by making other technical amendments, under certain terms and conditions. An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 396 of an area lying generally southeastwardly from the intersection of Global Road and Red Lion STATED MEETING - INTRODUCTION OF BILLS AND RESOLUTIONS Road by placing on the City Plan Gardenia Lane to a dead-end turnabout. And an ordinance authorizing the paving of Gardenia Lane, under certain terms and conditions.
These bills will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
The Chair thanks the Councilman. The Chair recognizes Councilman Rizzo.
The Clerk will please read the title of the resolution.
A resolution recognizing and honoring the life and deeds of Francis Albert Sinatra.
Mr. President, I STATED MEETING - COMMITTEE REPORTS move for the adoption of this resolution. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted.
The next order of business is reports from committees. The Chair recognizes Councilwoman Verna for the report of the Council Committee of the Whole.
Thank you, Mr. President. The Committee of the Whole reports six bills out of committee with a favorable recommendation.
The Clerk will please read the report. To the President and Members of the Council of the City of Philadelphia, the Committee of the Whole Council, to which was referred Bill No. 980307, entitled an ordinance amending an STATED MEETING - COMMITTEE REPORTS ordinance approved July 5, 1997, Bill No. 970240, which created the Reading Terminal Head House Tax Increment Financing District by approving the amended project plan for the redevelopment of the district submitted to City Council by the Philadelphia Authority for Industrial Development, and making certain findings and declarations all in accordance with the Tax Increment Financing Act. Bill No. 980306, an ordinance Penn's Landing Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development ("PAID") for the redevelopment of the Penn's Landing Tax Increment Financing District being the area generally bounded by Christopher Columbus Boulevard on the west, Arch Street on the north, Dock Street on the south, and the pier head line of the Delaware River on the east, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act. And Bill No. 980305, an ordinance amending an ordinance approved July 5, 1997, Bill No. 960791, which created the PSFS Tax Increment STATED MEETING - COMMITTEE REPORTS Financing District by approving the amended project plan for the redevelopment of the district submitted to the City Council by the Philadelphia Authority for Industrial Development by amending the effective date of the district and making certain findings and declarations, all in accordance with the Tax Increment Financing Act. And Bill No. 980304 an ordinance amending an ordinance approved July 5, 1997, Bill No. 970239, which created the City Hall Tax Increment Financing District by approving the amended project plan for the redevelopment of the district submitted to the City Council by the Philadelphia Authority for Industrial Development by amending the effective date of the district and making certain findings and declarations, all in accordance with the Tax Increment Financing Act. Bill No. 980301, 970239 an ordinance creating the Cecil B. Moore Avenue Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development ("PAID") for the development of the Cecil B. Moore Avenue Tax Increment Financing District being the area generally bounded by the STATED MEETING - COMMITTEE REPORTS center line of North 16th Street on the west, a certain three-foot wide alley 97 feet north of Cecil B. Avenue on the north and the center line of North Syndenham Street on the east. Bill No. 980238, an ordinance approving the planned estimated cost and proposed method of charges of the Old City Special Services District of Philadelphia for and concerning business improvements and administrative services to the Old City area of the City of Philadelphia. Respectfully reports that it has considered the same and returns the attached bills to Council with a favorable recommendation.
Mr. President, may I ask the Chief Clerk to please read the bill numbers again, if she will.
Sure. Bill No. 980307, 980306, 980305, 980304, 980301, 980238.
Thank you, Mr. STATED MEETING - COMMITTEE REPORTS President. I move that the rules of Council be suspended so as to permit first reading of Bill No.'s 980238, 980301, 980304, 980305, 980306, and 980307. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The rules are suspended. These bills will be added to our first-reading calendar today. The Chair recognizes Councilman Kenney for the report of the Council Committee on Rules.
Thank you, Mr. President. The Council Committee on Rules reports out three bills and one resolution.
To the President and Members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 970092, an ordinance amending STATED MEETING - COMMITTEE REPORTS Title 14 of The Philadelphia Code entitled "Zoning and Planning," by amending Section 14-1805, entitled "Hearings," to establish a fee for accelerated hearings before the Zoning Board of Adjustment. And Bill No. 970395, an ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Elsworth Street, Broad Street, Snyder Avenue, and 16th Street. And Bill No. 970778, an ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Snyder Avenue, Broad Street, Oregon Avenue, and 18th Street. And Resolution No. 980251, declaring that it is desirable for the health, safety, and welfare of the people of Philadelphia, Pennsylvania, for the Quakertown General Authority to undertake certain health-care projects. Respectfully reports that it has considered the same and returns the attached resolution and bills to Council with a favorable recommendation. STATED MEETING - COMMITTEE REPORTS