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
I move that the rules of Council be suspended so as to permit first reading of Bill No. 970092, 970395, and 970778 today. Also the committee seeks the immediate adoption of Resolution No. 980251. (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. Bill No. 970092, 970395, 970778 will be added to our first-reading calendar today. The Chair recognizes Councilman Kenney for a motion on Resolution No. 980251.
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 is STATED MEETING - COMMITTEE REPORTS adopted. The Chair recognizes Councilwoman Verna for the Committee Report from the Committee on Finance.
Mr. President, the Committee on Finance reports two bills out of committee with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Finance, to which was referred Bill No. 980405, an ordinance amending an ordinance approved April 2, 1998 relating to the capital program for the six fiscal years 1999 through 2004, inclusive, by transferring from Fiscal 1998 to Fiscal 1999 projects and amounts in various departments and by adding, increasing, and/or decreasing projects and amounts in various department. Bill No. 980406, an ordinance amending an ordinance approved April 2, 1998 relating to the fiscal 1999 capital budget by transferring from fiscal 1998 to fiscal 1999 projects and STATED MEETING - COMMITTEE REPORTS amounts in various departments and by adding, increasing, and/or decreasing projects and amounts in various departments. Respectfully reports that it has considered the same and returns the attached bills to Council with a favorable recommendation.
Mr. President, I move that the rules be suspended so as to permit first reading of Bills No.'s 980405 and 980406. (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. Bill No. 980407 and 980406 will be added to our first-reading calendar today. Would Councilman DiCicco please approach the Chair. Please bring your little card. (Laughter.) (Councilman DiCicco approaches the Chair.) STATED MEETING - COMMITTEE REPORTS
The Chair recognizes Councilman DiCicco for the report of the Council Committee on Streets and Services.
Thank you, Mr. President. The Council Committee on Streets and Services reports 30 bills out of committee.
The Clerk will please read this report. Councilmembers will please stay awake. (Laughter.)
The Chair recognizes Councilwoman Krajewski. (Councilwoman Krajewski responds inaudibly off-mike.)
I'm sorry, I apologize. Councilwoman Krajewski requested to be recognized, and I got so caught up in the committee reports that I lost my mind. The Chair recognizes Councilwoman Krajewski.
I haven't had this much attention since I ran for Council. Mr. President, I would like to have a request from the Chair that I be excused. But I STATED MEETING - COMMITTEE REPORTS would like to request that I vote on all bills and resolutions and amendments in the affirmative. Thank you, Councilman.
Now the Chair recognizes Councilman DiCicco for the report of the Council Committee on Streets and Services .
Thank you, Mr. President. The Committee on Streets and Services reports 30 bills out of committee.
To the President and Members of the Council of the City of Philadelphia, the Committee on Streets and Services, to which was referred: Bill No. 980120, an ordinance authorizing Hard Shell Cafe, located at the northeast corner of Ninth and Market Streets, Philadelphia, Pennsylvania, to construct and maintain an electrified marquee projecting from STATED MEETING - COMMITTEE REPORTS the facade of The Gallery at Market East over the footway of Ninth Street and Market Street, under certain terms and conditions . And Bill No. 980146 an ordinance authorizing Boyd's Philadelphia to construct and maintain a canvas canopy a minimum of nine feet above the footway of the facade of 1818 Chestnut Street. And Bill No. ) and Marian Wolgen, husband and wife, owners of the property located at 1811 Delancey Street, Philadelphia, Pennsylvania, to construct and maintain a garden terrace over a portion of the south footway of Cypress Street. And Bill No. 980165, an ordinance authorizing Robert Farrell, owner of the property located at 6300 Torresdale Avenue, Philadelphia, Pennsylvania, to construct and maintain a canopy roof over a portion of the north footway of Robbins Avenue. And Bill No. ), owner of the property located at 4200 Shellmeyer Street, STATED MEETING - COMMITTEE REPORTS Philadelphia, Pennsylvania, to construct an encroachment. And Bill No. ) and Louis Gentile, owners of the property located at 1547 through 49 South 13th Street, Philadelphia, Pennsylvania, to construct an encroachment. And Bill No. 980192, and ordinance authorizing the revision of lines and grades on a portion of City Plan No. 119 by striking from the City Plan and vacating a portion of Harper Street from 10th Street to 12th Street. And Bill No. 980210, an ordinance establishing a parking regulation on Dorcus Street, east side, Cottman Avenue, to a point 75 feet north of Cottman Avenue. And Bill No. 980229, an ordinance regulating the direction and movement of traffic on Carpenter Street from Broad Street to 15th Street. And Bill No. 980237, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 164 by striking from the City Plan and vacating Morris STATED MEETING - COMMITTEE REPORTS Street from Beech Street to Allen Street. And Bill No. 980243, an ordinance authorizing the placing on City Plan No. 382 of Anna Drive from Worthington Road at a point approximately 173 feet south of Michelle Drive. And Bill No. 980244, an ordinance authorizing the paving of Anna Drive. And Bill No. 980269, an ordinance authorize Patricia Wallace, owner of the property located at 7027 West Passyunk Avenue, Philadelphia, Pennsylvania, to construct and maintain a deck. And Bill No. 980272, an ordinance authorizing Jose Rodriguez, owner of the property 7101 Rutlin Street, Philadelphia, Pennsylvania, to construct and maintain a side deck. And Bill No. 980276, an ordinance authorizing Richard Miller and Laura Miller, his wife, owners of the property located at 3470 Amber Street, to construct and maintain a one-story masonry garage addition. And Bill No. ) Partnership to construct and maintain an illuminated marquee a STATED MEETING - COMMITTEE REPORTS minimum of 12 feet, 4 inches above the footway in front of the facade. And Bill No. " And Bill No. 980310, an ordinance authorizing the paving of Depew Avenue and Lindenhurst Street, under certain terms and conditions. And Bill No. 980313, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194 by striking from the plan and vacating a portion of Reese Street. And Bill No. 980336, an ordinance granting permission to level Three Communications LLC, a Delaware limited-liability company registered to do business in Pennsylvania, and its successors, assignees, and agents to construct, maintain and operate, replace and remove a telecommunications system. And Bill No.
980337, an ordinance granting permission to Next Link of Pennsylvania LP, registered to do business in Pennsylvania, and STATED MEETING - COMMITTEE REPORTS its successors, assignees, and agents to construct, maintain and operate, replace and remove a telecommunications system. And Bill No. 980338, an ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, owner of the property located at 2407 and 2419-37 South Broad Street, to construct and maintain one electrified marquee. And Bill No. 980339, an ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, owner of the property located at 2407 and 2419-37 South Broad Street, to construct maintain various encroachments. And Bill No. 980340, an ordinance authorizing Harry Sarkissian, owner of the property located at 604-606 South Third Street, Philadelphia, Pennsylvania, to construct and maintain two electrified signs projecting from the facade of the building at 604-606 South Third Street. And Bill No. ), owner of the STATED MEETING - COMMITTEE REPORTS property located at 604 through 606 South Third Street, Philadelphia, Pennsylvania, to construct various encroachments onto and over the south footway of South Street and the west footway of South Third Street. And Bill No. 980373, an ordinance authorizing the revision of lines and grades of City Plan No. 123 by striking from the City Plan and vacating Watts Street from Susquehannah Avenue to Diamond Street.
Okay, thank you. Please continue. Bill No. 980374, an ordinance authorizing Dem Corp. II LP, 2006 Sansom Street, Philadelphia, to maintain an electrified marquee attached to the property located at 2010 through 12 Sansom Street. And Bill No. 980376, an ordinance granting permission to IXC Carrier, Inc., a Nevada corporation to do business in Pennsylvania, and its successors, assignees, and agents to STATED MEETING - COMMITTEE REPORTS construct, maintain and operate, replace and remove a telecommunications system. And Bill No. 980377, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by relocating the southerly curb line of Rodman Street from Ninth Street to Tenth Street.
I don't remember reading this one. Bill No. 980375, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by striking from the City Plan and vacating Rosewood Street from Spruce Street to Delancey Street.
Thank you, Mr. President. The Chair moves that the rules of Council be suspended so as to permit first reading on all bills read into the record, except for Bill No. 980210, 980237, 980243, 980244, 980310, and STATED MEETING - CALENDAR CONSIDERATION 980373.
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The rules are suspended. The following bills will receive first reading today: 980120, 980146, 980162, 980165, 980166, 980169, 980192, 980299, 980269, 980272, 980276, 980302, 980309, 980313, 980336, 980337, 980338, 980339, 980340, 980341, 980374, 980375, 980376, and 980377. Thank you very much.
The next order of business is the consideration of the calendar. The Chief Clerk will read the bills on the first-reading calendar.
Bill No. 980301, an ordinance creating the Cecil B. Moore Avenue Tax Increment Financing District.
Bill No. 980304, STATED MEETING - CALENDAR CONSIDERATION an ordinance amending an ordinance approved July 5, 1997, which created the City Hall Annex Tax Increment Financing District.
Bill No. 980305, an ordinance amending an ordinance approved July 5, 1997, which created the PSFS Tax Increment Financing District.
Bill No. 980306, an ordinance amending an ordinance approved July 5, 1997, which created the Penn's Landing Tax Increment Financing District.
Bill No. 980307, an ordinance amending an ordinance approved July 5, 1997, Bill No. 970240, which created the Reading Terminal Head House Tax Increment Financing District.
Bill No. 980238, an ordinance approving the plan, estimated costs, and proposed method of charges of the Old City Special Services District of Philadelphia. STATED MEETING - CALENDAR CONSIDERATION
Bill No. 970092, an ordinance amending Title 14 of The Philadelphia Code entitled "Zoning and Planning" by amending Section 14-1805.
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.
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.
Bill No. 980405, an ordinance amending an ordinance approved April 2, 1998 relating to the capital program for the six fiscal years 1999 through 2004, inclusive. STATED MEETING - CALENDAR CONSIDERATION
Bill No. 980406, an ordinance amending an ordinance approved April 2, 1998 relating to the fiscal capital budget by transferring from fiscal year 1998 to fiscal 1999 projects and amounts in various departments.
Bill No. 980146, an ordinance authorizing Boyd's Philadelphia to construct and maintain a canvas canopy.
Bill No. 980162, an ordinance authorizing Norman Wolgen (ph.) and Marian Wolgen, husband and wife, owners of the property located at 1811 Delancey Street, to construct and maintain a garden terrace.
Bill No. 980165, an ordinance authorizing Robert Farrell, owner of the property located at 6300 Torresdale Avenue, to construct and maintain a canopy.
Bill No. 980166, an ordinance authorizing Walter Jetski, owner of STATED MEETING - CALENDAR CONSIDERATION the property located at 4200 Shellmeyer Street, to construct and maintain a one-story wooden-framed addition.
Bill No. 980169, an ordinance authorizing Frank Borda and Lou Gentile, owners of the property located at 1547-49 and South 13th street, to construct and maintain a one-story masonry building.
Bill No. 980192, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 119 by striking from the City Plan and vacating a portion of Harper Street.
Bill No. 980229, an ordinance regulating the direction and the movement of traffic on Carpenter Street.
Bill No. 980269, and ordinance authorizing Patricia Wallace, owner of the property located at 7027 West Passyunk Avenue, to construct and a maintain deck. STATED MEETING - CALENDAR CONSIDERATION
Bill No. 980227, an ordinance authorizing Jose Rodriguez, owner of the property located at Rutlin Street, to construct and maintain a side deck.
Bill No. 980276, an ordinance authorizing Richard Miller and Laura Miller, husband and wife, owners of the property located at 3470 Amber Street, to construct and maintain one-story masonry garage.
Bill No. 980302, an ordinance authorizing the Sanmore (ph.) Partnership to construct and maintain an illuminated marquee.
Bill No. 980309, an ordinance authorizing the changing of the name of Webster Street, from Passyunk Avenue to Seventh Street, to "Queen Street."
Bill No. 980313, an ordinance authorizing the revision of lines and STATED MEETING - CALENDAR CONSIDERATION grades on a portion of City Plan No. 194 by striking from the City Plan and vacating a portion of Reese Street.
Bill No. 980336, an ordinance granting permission to Level III Communications LLC, a Delaware limited-liability company registered to do business in Pennsylvania.
And Bill No. 980337, an ordinance granting permission Next Link of Pennsylvania.
Bill No. 980338, an ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, to construct and maintain one electrified marquee.
Bill No. 980339, an ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, to construct and maintain various encroachments. STATED MEETING - CALENDAR CONSIDERATION
Bill No. 980340, an ordinance authorizing Harry Sarkissian, owner of the property located at 604-606 South Third Street, to -
Bill No. 980341, an ordinance authorizing Harry Sarkissian, owner of the property located at 604-606 South Third Street, to construct various encroachments.
Bill No. 980374, an ordinance authorizing Dem Corp. II LP to maintain an electrified marquee.
Bill No. 980376, an ordinance granting permission to IXC Carriers Inc. to do business in Pennsylvania.
Bill No. 980377, an ordinance authorizing the revision of lines and grades on a portion of City Plan 308 by relocating the southerly curb line of Rodman Street.
The Chair agrees. STATED MEETING - CALENDAR CONSIDERATION
Bill No. 980120, an ordinance authorizing Hard Shell Cafe, located at the northeast corner of Nine and Market Streets, Philadelphia, to construct and maintain an electrified marquee.
The Chair agrees. Did the Clerk read 980375? I -- I do not recall hearing that bill read, and I believe it was one of the bills for which the rules were suspended.
Bill No. 980375, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by striking from the City Plan and vacating Rosewood Street from Spruce Street to Delancey street.
The Chair agrees. The bills read by the Chief Clerk will be added to our -- placed on our second- and final-reading passage calendar for our next meeting.
Council will now STATED MEETING - FINAL READING - BILL NO. 970794 consider bills on our second- and final-reading passage calendar. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. All bills on the second-reading and final-passage calendar are being called for consideration, with the exception of Bill No. No.'s 960633, 960629, and 970272.
The Chair thanks the Councilwoman. The first bill for consideration will be Bill No. 970794. The Chair recognizes Councilwoman Blackwell.
Mr. President, we're also holding 980227, the last bill on the calendar also since we had the -
Yes. We're going to hold that. A substitute bill has been introduced. All that took place since we left the caucus room. The first bill for consideration will be Bill No. 970794. The Clerk will please read the title of the bill. STATED MEETING - FINAL READING - BILL NO. 970794
An ordinance naming the playground currently designated as "The White Hall Commons" located at 1900 Wakeling Street and bounded by 4700 Jackson Street, 4700 Ditman Street, and 1900 Margaret Street as "The Billy Gambrell Playground."
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Aye. STATED MEETING - FINAL READING - BILL NO. 970794
Councilwoman Krajewski is voting aye. Councilman Mariano.
Councilwoman Verna. STATED MEETING - FINAL READING - BILL NO. 960367
Aye. The ayes are 16, the nays are 0. The majority of all Members of Council having voted in the affirmative, the bill passes. The next bill for consideration will be Bill No. 960367. The Clerk will please read the title of the bill.
An ordinance amending Title 9 of The Philadelphia Code entitled "Regulation of Businesses, Trades and Professions" by adding a new chapter prohibiting cigarette vending machines and providing penalties.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Chair recognizes Councilman Mariano.
Mr. President, I have an amendment I'd like to introduce.
Okay. The Clerk STATED MEETING - FINAL READING - BILL NO. 960367 will please read the amendment. Has every Councilman been given a copy of the amendment? Councilman, has the amendment been circulated?
Proposed amendment to Bill No. 960367, Section 9-2003, penalties and enforcement. A. The Penalty for violation of this chapter shall be a fine not exceeding $300, together with imprisonment not exceeding 90 days if the fine and any costs are not paid within 10 days; and B. Whenever any officer with authority to enforce ordinances, including, for purposes of this section, any Department of Public Health or Department of Licenses and Inspections inspector becomes aware of a violation of this chapter, such officer shall hand or deliver to the violator a printed notice of violation. If the violator is a retail outlet or other business establishment, the officer shall STATED MEETING - FINAL READING - BILL NO. 960367 hand or deliver the notice to the manager of the outlet or establishment or an on-site supervisor such. Notice shall bear the date, time, and nature of the violation when known, the identity and address of the violator, the amount to be remitted in response to the notice, and the penalty which can be imposed by the court of the violation, and shall be signed by the person issuing the notice and shall bear the badge number or other official identification number of the officer issuing the notice. C. Any person who receives a notice of violation may, within 10 days, pay $100, admit the violation, and waive the appearance before a municipal court judge. The notice of violation shall contain an approximate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing, and shall be returned by the violator when stipulated payment is remitted. D. If a person who receives a notice of violation fails to make the prescribed payment within 10 days of the issuance of the notice of STATED MEETING - FINAL READING - BILL NO. 960367 violation, a code enforcement complaint shall be issued for such violation in such manner as provided by law. Such a complaint may be issued irrespective of whether a notice of violation was previously issued for such violation. E. Upon a finding of a third cigarette sales violation committed at a single location or within a single business establishment, any cigarette vending machine located at such locations or within such establishment shall be removed by the owner of such machine, and no person shall install or any cigarette vending machine at such location or such establishment. For purposes of this subsection, a cigarette sales violation shall be any violation of this section or any violation of Section 9-622 relating to cigarettes and tobacco products. The Department of Licenses and Inspections may remove any machine maintained in violation of this section and may bill the owner of the establishment where such machine is located or the owner of the machine for the cost of removal. STATED MEETING - FINAL READING - BILL NO. 960367 And amending Section. No person shall install or maintain cigarette vending machines at any location in the City of Philadelphia unless such machine is subject to an operational lockout device, which is subject only to the control of the proprietor of the establishment or his or her agent, and not subject to control by the general public. And 9-2001, lockout device. An electronic device which renders a vending machine inoperable except when activated or unlocked remote electronic authorization transmitted on a per-transaction basis. And amending Section 2 of the bill, section -- making section 2, 3. And it reads: This ordinance shall be effective 60 days after enactment provided, however, that no lockout device shall be required until 6 months after enactment. Section 2-922 of The Philadelphia Code entitled "Cigarette Tobacco Products" is hereby amended as follows: Upon the finding of a third cigarette sales violation committed at a single location or within a single business STATED MEETING - FINAL READING - BILL NO.
960367 establishment, any cigarette vending machine located at such location or within such establishment shall be removed by the owner of such machine, and no person shall install or maintain any cigarette vending machine at such location or in such establishment. For purposes of this subsection, a cigarette sales violation shall be any violation of this section or any violation of Section 9-2002 relating to cigarette vending machines. The Department of Licenses and Inspections may remove any machine maintained in violation of this section and may bill the owner of the establishment where such machine is located or the owner of the machine for the cost of removal.
The Chair recognizes Councilman Mariano for a motion that the amendment be approved.
Mr. President, I make a motion that the motion be approved. STATED MEETING - FINAL READING - BILL NO. 960367
Mr. President, I apologize for not having read this any sooner than now; I think it was just passed out today. I'm somewhat disturbed by what appears to be a vagueness in the amendment, and now I speak specifically of Section 9-2003, Section E, reading: "Upon a finding of a third cigarette sales violation committed at a single location or within a single business establishment, any. . . " Now do you mean "and all machines located at such establishment?" Because I would then add this to be as inclusive as is necessary. Do you have any objection to that? And then on Section 2 -- actually it's now amended to Section 3, reading: "This ordinance shall be effective 60 days after enactment providing, however, that no lockout STATED MEETING - FINAL READING - BILL NO. 960367 device shall be required until 6 months after enactment." I think that that is unnecessarily vague, and it raises this question with me: Does it mean that every cigarette machine will be in violation of Section 3 180 days after enactment if it has not been properly adapted? Because if that is so, the language doesn't say that.
Councilwoman Fernandez, would you care to address that question?
Do you have suggestions for wording that would clarify the meaning? Again, I think your first amendment improved on the Law Department's work. Would you have suggestions for this that would make it clarified and sharper in the meaning that you want?
Yes. I would suggest that the language needs to say: "Provided, however, that every machine will require this device within 180 days of enactment." You see?
I don't. STATED MEETING - FINAL READING - BILL NO. 960367
I'm looking at the proposed amendment to the new Section 3.
Right. The first part of it says, "This ordinance shall be effective 60 days after enactment. However, no lockout device shall be required until 6 months after enactment." Well, that to me is confusing. Let's say it directly. "Every machine, to be legal, must have been adapted within 180 days of enactment." That, one, makes the language consistent with the 60-day requirement and -
The only reason why I raise the question here is because there may be certain parts of this bill that are unrelated to a lockout device that the Department wants to begin to enforce within 60 days, provisions that are other than the lockout device, and I wouldn't know that.
But I'm not changing the 60-day part of the sentence. It would read: "This ordinance shall be effective 60 STATED MEETING - FINAL READING - BILL NO. 960367 days after enactment provided, however, that every machine must have been equipped by 180 days of enactment." Do you see? Absent that, I think you put such vagueness in it as to make it unenforceable.
Thank you, Mr. President. I would only ask either, I guess, Councilwoman Clark or Councilwoman Fernandez or Councilman Mariano, what is the purpose of the 60-day effective date?
I don't know, and have expressed an opinion about the 60 days.
But you can't say it's effective in 60 days except the machines are not required until 180 days later. That seems to me to be confusing.
Well, does anybody know where that came from? STATED MEETING - FINAL READING - BILL NO. 960367
My understanding is that other parts of bills would go into effect within 60 days, but the requirement for the lockout device to be any and everywhere was 6 months.
Councilwoman, the way I read this amendment -- the way I read this, the effective date requirement is that the bill requires all of these machines to have a lockout device. That's what the bill does.
In addition to a bunch of other things. Now, within 60 days, everything but the lockout device is implemented at the 60-day STATED MEETING - FINAL READING - BILL NO. 960367 period, but the lockout device part isn't required until 6 months.
I'm working from a one-page sheet at the top of which says, "Proposed Amendment to Bill No. 960367 Amend Section 2 of the bill as follows. Section 2, this" -
That's not my question. What bill are you working from? Are you working from a one-page sheet introduced by Councilwoman Fernandez?
Yeah, I'm reading the amendment, the proposed amendment.
Well, when you read the amendment with the document itself, the only thing that the document does is establish some definitions and some prohibition of machines, and the prohibitions part of it got amended, that's what this is all about.
Can I make a STATED MEETING - FINAL READING - BILL NO. 960367 recommendation?
Can I recommend that we move on, do the calendar, and have one of our trusty lawyers here work with the author of the amendments and the sponsor of the bills and the person raising the question, and just give us a recommendation. 'Cause most of us are willing to do whatever the sponsor and the author think is appropriate here.
Having said that, may I be excused for the rest of the day? (Laughter.)
I understand that, but before you go, why can't you -- can you just take a minute and work with -
Okay. The Chair recognizes -STATED MEETING - FINAL READING - BILL NO. 970743
And I wish to be recorded as voting aye on all bills and amendments and resolutions before the Council today.
The Chair thanks the Councilwoman. Leave will be granted. We will hold Bill No. 960367 and the pending amendment until the end of the calendar. The next bill for consideration for consideration will be Bill No. 970743. The Clerk will please read the title of the bill. Before the Clerk reads title of the bill, the Chair recognizes Councilwoman Tasco.
Mr. President, I have to be excused on Council business. I have a 1:30 meeting.
And I'd like to be reported as voting aye on all bills and resolutions and a friendly amendment.
All right. Thank you very much. The next bill, then, for consideration will be Bill No. 970743. The Clerk will please STATED MEETING - FINAL READING - BILL NO. 970743 read the title of the bill.
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 title to a certain tract of City-owned land, with the buildings and improvements thereon, situated on the northeast side of 70th Street south of Lindbergh Boulevard, under certain terms and conditions of the Philadelphia Industrial and Commercial Development Agreement between the City, PAID, and the Philadelphia Industrial Development Corporation.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilwoman Fernandez. (Councilwoman Fernandez is out of chambers at this time.)
Councilwoman Krajewski is voting aye. Councilman Mariano. (Councilman Mariano is out of chambers at this time.)
Councilman Ortiz. STATED MEETING - FINAL READING - BILL NO. 980225
Councilwoman Tasco is voting aye. Councilwoman Verna.
Aye. The ayes are 14, the nays are 0. The majority of all Members of Council having voted in the affirmative, the bill passes. The next bill for consideration will be Bill No. 980225. The Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter sublease agreement with the Philadelphia Municipal Authority for use by the City and affiliated agencies of office space located at 100 South Broad Street, Philadelphia, Pennsylvania, under certain terms and conditions. STATED MEETING - FINAL READING - BILL NO. 980225
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilwoman Fernandez. (Councilwoman Fernandez is out of chambers at this time.)
Councilwoman Krajewski is voting aye. Councilman Mariano. (Councilman Mariano is out of chambers STATED MEETING - FINAL READING - BILL NO. 980225 at this time.)
Councilwoman Tasco is voting aye. Councilwoman Verna.
Aye. The ayes are 14, the nays are 0. The majority of all Members of Council having voted in the affirmative, the bill passes. STATED MEETING - FINAL READING - BILL NO. 980312 The next bill for consideration will be Bill No. 980312. The Clerk will please read the title of the bill.
An ordinance approved May 9, 1997, Bill No. 970183, which ordinance authorized the Commissioner of Public Property to convey to the Redevelopment Authority of the City of Philadelphia certain premises located at 2121 through 37 North Howard Street.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilwoman STATED MEETING - FINAL READING - BILL NO. 980312 Fernandez. (Councilwoman Fernandez is out of chambers at this time.)
Councilwoman Krajewski is voting aye. Councilman Mariano. (Councilman Mariano is out of chambers at this time.)
Councilwoman Tasco STATED MEETING - FINAL READING - BILL NO. 960517 is voting aye. Councilwoman Verna.
Aye. The ayes are 14, the nays are 0. The majority of all Members of Council having voted in the affirmative, the bill passes. The next bill for consideration will be Bill No. 960517. The Clerk will please read the title of the bill.
An ordinance amending Section 9-205 of The Philadelphia Code entitled, "Sidewalk Sales" by prohibiting sidewalk sales on Northeast Boulevard, both sides, from Red Lion Road to Woodhaven Road.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Aye. STATED MEETING - FINAL READING - BILL NO. 960517
Councilwoman Fernandez. (Councilwoman Fernandez is out of chambers at this time.)
Councilwoman Krajewski is voting aye. Councilman Mariano. (Councilman Mariano is out of chambers at this time.)
Councilwoman Tasco is voting aye. Councilwoman Verna.
Aye. The ayes are 14, the nays are 0. The majority of all Members of Council having voted in the affirmative, the bill passes.
Councilwoman, I voted -- the people who are in the room -Councilwoman Fernandez and Councilman Mariano, if they're in the room, then I vote them because they're here. If they're not in the room, I do STATED MEETING - FINAL READING - BILL NO. 960517 not vote them.
I voted the people in the room that I know are in the room. I don't believe I voted Councilman O'Neill. I didn't see him in the room.
But they're counting them, I'm counting them. I didn't see Councilman O'Neill in the room, I didn't vote him. People in the room -- that doesn't help me, I don't need that. I only need to know who's in the room. There are people in the room -Councilwoman Fernandez, if she's in the room and STATED MEETING - FINAL READING - BILL NO. 970550 talking to Councilman Ortiz and just doesn't hear her name, I vote her. I didn't see Councilman O'Neill sitting there. That's the reason why I was not voting him. But, in any event, it's a moot point because there are clearly well in excess of nine people. But it's confusing when people are out of the room and do not leave their votes, then come back in the room, I don't know whether they're here. When they're in the room and I see them and I know that they're here, like Councilwoman Fernandez, then I will vote them. The next bill for consideration is Bill No. 970550. The Clerk will please read the title of the bill.
An ordinance amending Section 9-205 of The Philadelphia Code entitled "Sidewalk Sales" by prohibiting sidewalks sales except for certain sidewalk sales by business owners in front of their business properties at the following locations: the 100 block of West York Street, the 1800 block of East York Street, the 2300 block of North Jasper Street, the 100 block of West Dauphin Street, the STATED MEETING - FINAL READING - BILL NO. 970550 2300 block of North Hope Street, the 2400 block of North Front Street, and on Kensington Avenue, from York Street to Lehigh Avenue, all under certain terms and conditions.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilwoman STATED MEETING - FINAL READING - BILL NO. 970550 Krajewski is voting aye. Councilman Mariano.
Councilwoman Tasco is voting aye. Councilwoman Verna.
Aye. The ayes are 23, the nays -- the ayes STATED MEETING - FINAL READING - BILL NO. 970551 are 16, the nays are 0. A majority of all Councilmembers having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 970551. The Clerk will please read the title of the bill.
An ordinance amending Section 9-206 of The Philadelphia Code entitled "Sidewalk Vendors in Neighborhood Business Districts" by designating the 2300 block of North Front Street as a neighborhood business district within which sidewalk sales are subject to the provisions of Section 9-206 and by specifying permitted vendor sites within that distribution, all under certain terms and conditions.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilwoman Clark STATED MEETING - FINAL READING - BILL NO. 970551 is voting aye. Councilman Cohen.
Councilwoman Krajewski is voting aye. Councilman Mariano.
Aye. STATED MEETING - FINAL READING - BILL NO. 970675
Councilwoman Tasco is voting aye. Councilwoman Verna.
Aye. The ayes are 16, the nays are 0. A majority of all Councilmembers having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 970675. The Clerk will please read the title of the bill.
An ordinance amending Chapter 9-200 of The Philadelphia Code entitled "Commercial Activity on Streets" by amending Section 9-206 entitled "Sidewalk Vendors in Business Districts" by creating an additional designated neighborhood vending district.
This bill, having STATED MEETING - FINAL READING - BILL NO. 970675 been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Mariano.
Councilwoman Miller. STATED MEETING - FINAL READING - BILL NO. 970675
Councilwoman Tasco is voting aye. Councilwoman Verna.
Aye. The ayes are 16, the nays are 0. A majority of all Councilmembers having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 970676. The Clerk will please read the title of the bill. STATED MEETING - FINAL READING - BILL NO. 970676
An ordinance amending Chapter 9-205 of The Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalk sales in the area bounded by Washington Avenue on the north side, 12th Street on the east side, Oregon Avenue on the south side, and 17th Street on the west side.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Aye. STATED MEETING - FINAL READING - BILL NO. 970676
Councilwoman Krajewski is voting aye. Councilman Mariano.
Councilwoman Tasco is voting aye. Councilwoman Verna.
Council President STATED MEETING - FINAL READING - BILL NO. 970695 Street.
Aye. The ayes are 16, the nays are 0. A majority of all Councilmembers having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 970695. The Clerk will please read the title of the bill.
An ordinance amending Title 9 of The Philadelphia Code of general ordinances entitled "Regulation of Businesses, Trades and Professions" by amending subsection 9- 2040(8)(a) by extending the ban on vending on Chestnut Street to Front Street.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilwoman Clark is voting aye. Councilman Cohen. STATED MEETING - FINAL READING - BILL NO. 970695
Councilwoman Krajewski is voting aye. Councilman Mariano.
Councilwoman Tasco is voting aye. Councilwoman Verna.
Aye. The ayes are 16, the nays are 0. A majority of all Councilmembers having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980163. The Clerk will please read the title of the bill.
An ordinance amending Section 9-205 of The Philadelphia Code entitled "Sidewalk Sales" by prohibiting sidewalk sales on Frankford Avenue, both sides, from Wakeling Street to Bridge Street.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll. STATED MEETING - FINAL READING - BILL NO. 980163
Councilwoman Krajewski is voting aye. Councilman Mariano.
Councilman Nutter. STATED MEETING - FINAL READING - BILL NO. 980164
Councilwoman Tasco is voting aye. Councilwoman Verna.
Aye. The ayes are 16, the nays are 0. A majority of all Councilmembers having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980164. The Clerk will please read the title of the bill.
An ordinance amending Section 9-205 of The Philadelphia Code entitled "Sidewalk Sales" by prohibiting sidewalk STATED MEETING - FINAL READING - BILL NO. 980164 sales on Torresdale Avenue, both sides, from Harbison Avenue to Cheltenham Avenue.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Mariano. STATED MEETING - FINAL READING - BILL NO. 980164
Councilwoman Tasco is voting aye. Councilwoman Verna.
Aye. The ayes are 16, the nays are 0. A majority of all Councilmembers having voted in the affirmative, the bill passes. STATED MEETING - FINAL READING - BILL NO. 960367 Bill No. 980227 is being held. Council will now consider Bill No. 960367. And I understand there's an agreement on the language of the amendment. Councilman Mariano, would you like to offer that language? I'm assuming that all of the language that was previously read into the record is fine, with the exception of -
All the language is fine. We will strike the "60 day" part, and that everything will come in effect in 6 months, just take that "60-day" word out.
So this ordinance -so that Section 3 will read, "This ordinance shall be effective six months after enactment?"
So then this Section 3 will read, "This ordinance shall be effective 180 days after enactment."
Whatever comes first, right. STATED MEETING - FINAL READING - BILL NO. 960367
All those in favor of the amendment, let it be known by saying aye. All those opposed, say nay. The ayes have it, the amendment is adopted. And Bill No. 960367, as amended, will be placed on the second- and final-reading passage calendar for our next meeting. This concludes our consideration of the calendar, I believe. Maybe not. We actually considered this resolution at the time of the report of the Council of Rules Committee. Councilman Kenney was asked, and the resolution was adopted. This brings to us end of our consideration of the calendar, unless someone else has something else to offer. (No response.)
Are there any speeches on the part of Members of the Minority? STATED MEETING - SPEECHES (No speeches on the part of Members of the Minority.)
Are there any speeches on the part of Members of the Majority? Councilwoman Blackwell.
Mr. President, it looks very bad in terms of SEPTA and a strike in our City. I would like the record to reflect that the Council did request that the negotiations go on, so we've been consistent in our position that we wanted negotiations to go on. And also that we've also said that since the City owns the el stations, that we did not support management trying go run them due to the unsafe nature of the entire matter. Thank you.
Thank you very much. The Chair recognizes Councilman Nutter.
Thank you, Mr. President. A quick announcement to my colleagues. The Committee on Commerce and Economic Development has a hearing that was schedule for 1 o'clock on Bill 970485. The STATED MEETING - ADJOURNMENT hearing will start immediately after session, with a quorum. The witnesses for that bill are already in the Council chambers, so I'd just like to encourage us to try to start as quickly as possible. Thank you.
Thank you very much. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. I move that Council stand adjourned until Thursday June 4, 1998, at 10 a.m. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. This session stands adjourned until Thursday, June 4, 1998, at 10 o'clock a.m. (Adjourned at 1:36 p.m.) C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, May 28, 1998, were reported and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter