COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, April 23, 1998 10:45 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 FRANK DICICCO COUNCILMAN BRIAN J. O'NEILL COUNCILMAN RICHARD T. MARIANO COUNCILMAN W. THACHER LONGSTRETH 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 - 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 their seats outside the rail. To give our invocation this morning, the Chair welcomes Miss Velma Diaz, who is a worship leader, at the Living Word Community. She here is today as a guest of Council President John Street. Members and guests will please rise.
Let us bow. Psalms 127:1 says, "Unless the Lord builds the house, those who build it labor in vain. Unless the Lord watches over the city, the watchman stays awake in vain." Heavenly Father, we come to you this morning, with bowed hearts and thanksgiving for watching over our city. We recognize you as a sovereign God. We ask you for wisdom as Councilmembers deliberate and propose and dispose of laws for all Philadelphians. We request that out of our weaknesses, you make opportunities to improve the lives of all STATED MEETING - APPROVAL OF JOURNAL who reside or visit this city. We pray for peace where rancor and violence; for compassion and mercy where there is indifference and ignorance; for prosperity where there is poverty; and for humility in our successes. We give you all the honor and the glory as we receive your responses and blessings in the holy name of your son. Amen.
The Chair thanks Ms. Velma Diaz for her inspiring invocation.
The next order of business is the approval of the journal for the meeting of Thursday, April 16, 1998. The Chair recognizes Councilwoman Verna.
Mr. President, I so move the motion. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The journal of the STATED MEETING - LEAVES OF ABSENCE meeting for Thursday, April 16, 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, a leave of absence is requested for Councilman Ortiz.
The Chair thanks the Councilwoman. The leave will be granted. The Chair recognizes Councilman O'Neill.
Mr. President, no leaves of absence is requested by the Republicans.
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, the Chair welcome you here and applauds your interests in the civic STATED MEETING - PRESENTATIONS affairs of our City and certainly invite you to come again. Our first presentation today congratulates the St. John Neumann Varsity Bowling Team. To make this presentation, the Chair appoints Councilman Kenney. The Chair invites Coach Gene Mattioli and those with him to come and receive this resolution.
Thank you, Mr. President. We are indeed proud to present the following resolution which reads: Congratulating the St. John Neumann Varsity Bowling Team for winning the Catholic League Title; Whereas on March 7, 1998, the St. John Neumann High School Bowling Team defeated Bishop Conwell Egan High by a score of 3,023 to 2,896, to capture Catholic League title for the second year in a row, first back-to-back victory for any Pirates squad since the 1944-1945 basketball team accomplished the same feat; and
Whereas the Pirates had taken a commanding in the victory championship against St. Joe's Preparatory placing STATED MEETING - PRESENTATIONS the club's 21-year record at 613 to 185 in the regular season. Its current record is 9-7 in the Southern Division championship games, and 6 to 3 in the Catholic League title games; and
Whereas this squad, now regarded locally as a dynasty includes: Michael Blakeney, Shaun McNally, Angelo De Rito, Joe Pietrafitta, and Joe Boninfante. They and the other members of the squad have worked diligently and have displayed the commitment and determination which creates true champions; and Whereas we also recognize the spirit of Coach Gene Mattioli and Assistant Coach's Brian Fanelli and Tony Herner who kept the team focussed and alert and who overconfidence, stressing hard, consistent work instead; Now therefore. . .
Resolved by the City of Philadelphia that we honor, commend, and congratulate the St. John Neumann High School Varsity Bowling Team on its second consecutive Catholic League championship.
Resolved than an engrossed copy of this resolution be presented to STATED MEETING - PRESENTATIONS the St. John Neumann High School Varsity Bowling Team as evidence of the pride and high commendation of this legislative body. (Applause.)
Mr. President, with your permission, I would like to present this to Father Zaccarelli and ask him to make a few comments. Father.
Thank you very much, Councilwoman. Thank you very much, Councilwoman Verna, Council DiCicco, and Councilman Kenney. It is indeed an honor to be present here today at City Council to receive this resolution. Aside from the fact that, as principal, naturally, I feel that St. John Neumann High School is the best Catholic high school in the archdiocese of Philadelphia. I do believe that these young men are dedicated athletes and not only a tribute to St. John Neumann High School but a tribute to all of the youth in the great City of Philadelphia. I am proud of all of you and I am thrilled that you are at St. John Neumann High STATED MEETING - PRESENTATIONS School because you do us so proud. (Applause.)
I would like to recognize the coaches of St. John Neumann's bowling team. We have Gene Mattioli, Brian Fanelli, Tony Herner, Anthony Panto, Charles Gagliardi, and Vince Campolongo. At this point, I would like to recognize the head coach of the champion Pirate bowling team, Mr. Gene Mattioli. (Applause.) COACH MATTIOLI: On behalf of St. John Neumann's High School and our championship bowling program, the players, coaches, parents and faculty, I'd like to thank City Council President John Street, Councilwoman Verna, and all of the honorable Members of City Council for the prestigious honor they've bestowed upon us today. This has truly been a very memorable season, a season where we transformed a world dream into a reality by winning back-to-back Catholic League titles. And to be recognized for this achievement by the esteemed members of this Council, it has made it even more memorable for STATED MEETING - PRESENTATIONS us. You can rest assured that this resolution is deeply appreciated and will be remembered and cherished for many years to come. Time passes, but the memories will last with us forever. Thank you. (Applause.)
At this time, we would like to take just a minute to recognize some very special guests that we have with us. This is Bring-Your-Daughter-to-Work Day. I am pleased today to have Erica Sampson as my daughter for the day. Erica is 13 years old, and she is in the seventh grade at Chestnut Ridge Middle School. She's the goddaugher of Marla Hamilton of our technical staff. We are so delighted to have her and would like to recognize her at this time. Erica Samson. (Applause.)
Now, I know that STATED MEETING - PRESENTATIONS there are other members of our staff and other Councilmembers who have daughters with them today. And at this time, I'd like to provide us all with an opportunity to recognize those people. The Chair recognizes Councilwoman Tasco.
Thank you, Mr. President. It is my pleasure to introduce a lot of my daughters. First, I'd like to recognize Charlie Tasco, who is my daughter -granddaughter. (Applause.)
She's age 6. Then we have Ashley Knight and Rachael Knight, who are the daughters of Earl Knight of the Philadelphia Gas Commission. (Applause.)
And then we have Jaszmin Turner and Tiara Turner who are the godchildren of Cherelle Parker of my office. (Applause.)
This one asked me when are we going to make the laws. She's four. STATED MEETING - PRESENTATIONS (Laughter.)
Then we have Kimberly Andrews, granddaughter of Marian Johnson of my staff. (Applause.)
We have Kwanza White, who is the daughter of my staff member Eric White. (Applause.)
Then we have -Councilwoman Clark's not here, and I've been asked to introduce for my friend Tina Thompson her granddaughter, Melissa Ashley Thompson, grade 4, age 9, from the Charmont School. (Applause.)
These are all future leaders of America, and possibly Councilmembers. Thank you. (Applause.)
Thank you, Mr. President. I have four daughters for today that I STATED MEETING - PRESENTATIONS am delighted to introduce to everyone and -- you want to stand? Sitting to my left, we have Sarita Diaz, who's 15 and goes to Bartram Motivation High School. (Applause.)
We have Sheena Cherry. Sheena goes to Future Academic Plus, and she's in eighth grade, looking forward to going to ninth grade.
Kanisha is a 10th-grader at Bartram Motivation Program. And we have my daughter, who's no stranger to City Hall, Shakira Miller, who -- I can't say eighth grade, but she'll be going to high school next year, 'cause that's where she really wants to be this year. I want to welcome them. (Applause.)
The Chair recognizes Councilman Rizzo. STATED MEETING - PRESENTATIONS
Thank you, Mr. President. Mr. President, I'm pleased also to have with me Christie McAndrews, who's 14, and she goes to the Armstrong Middle School. And she's the niece of one of my coworkers, Mary MacLaughlin. (Applause.)
Thank you very much. Is there any other member or staff member who would like to introduce a daughter today? Councilman Cohen.
Mr. President, since my daughters are of an age where they would prefer to take their father to work rather than have him take them to work, I have four adopted daughters for the day, all seated in that front row. There is Lissy O'Connell, 7 years old, a 1st-grade student at John Story Jenks and the daughter of Julie O'Connell of my staff. (Applause.)
And Irene O'Connell, STATED MEETING - PRESENTATIONS 7, also of the Miquon School, in the 1st grade, who is Julie O'Connell's niece. Thank you. (Applause.)
And then I have then Marlene Goss's daughter -- Marlene's on the staff -- Candy Samson. Candy's an 11th-grade student Germantown High School. (Applause.)
And next to her is Giovanna Brown, who is 14 years old and an 8th-grade student at the Ada Lewis Middle School. (Applause.)
She's Verna Tynes' niece. Could you stand. Thank you very much. (Applause.)
And when all of them join us in City Council, I just want to serve notice, I still expect to be here as a member of this body. (Laughter.)
The Chair recognizes Councilman DiCicco. STATED MEETING - PRESENTATIONS
Thank you, Mr. President. I'm one of the unfortunate Members of Council who never had the opportunity or the pleasure or privilege of having a young daughter. I have two very fine sons. So I had to borrow a daughter for the day. She's the daughter of one of my staff members. Her name is Emily Wilmersdorf (ph), and she's a seventh grader at St. Ann's. (Applause.)
Thank you very much. The Chair recognizes Councilwoman Clark.
Mr. President, I am pleased to say that my biological daughter is at work, praise the Lord. (Laughter.)
But I have borrowed a daughter for today, the granddaughter of one of my staff members, and she is a lovely young woman. Her name is Melissa Ashley Thompson. She's nine years old and a fourth grader at the Charmont School. Look at her. (Applause.) STATED MEETING - PRESENTATIONS
Thank you, Mr. President. Today I have with me Olivia, who is enjoying the oh-so-special City Council ice that she's both eating and at times applying to her forehead. She had the occasion to see the wall in the Chief Clerk's office in an up-close and personal fashion. So she's recovering from that. But I'm pleased to have her with me today, and she's enjoying herself. Thank you. (Applause.)
Thank you very much. Now, I believe a group has come into the chamber, and I have a couple of cards here. Linda L. MacLaughlin, Director of Practice Development of German, Gallagher and Murtoch. Can you explain to us who this group is. Are you with a group?
(Off-mike.) These are daughters and family members of employees of STATED MEETING - PRESENTATIONS our law firm. We have 16 girls.
All right. Thank you very much for being with us. Congratulations. (Applause.)
(Off-mike) We're from Montgomery (inaudible). We have 20 girls here today. We're bringing our daughters in and visiting Judge Snyder of the Criminal Justice Center, and then we'll be performing a mock trial later on this afternoon. (Applause.)
Congratulations. Thank you very much for honoring us with your presence. Is there anyone else that needs to be recognized at this time? (No response.)
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. STATED MEETING - MESSAGES FROM THE MAYOR (Sergeant-At-Arms delivers messages from the Mayor the Chief Clerk.)
To the President and Members of the Council of the City of Philadelphia, I am transmitting herewith for the consideration of your honorable body the following: An ordinary amending an ordinance approved July 5, 1997, Bill No. 970239, which created the City Hall Annex 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 an ordinance creating the Cecil B. Moore Avenue Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development for the redevelopment of the Cecil B. Moore Avenue Tax Increment Financing District, being the area generally bonded by the center line of North 16th Street on the west, a certain three-foot wide STATED MEETING - MESSAGES FROM THE MAYOR alley 97 feet from Cecil B. Moore Avenue on the north and the center line of North Sydenham Street on the east and a line approximately 200 feet south of Cecil B. Moore Avenue. And an ordinance amending an ordinance approved July 5, 1997, Bill No. 960701, which created the PSFS Tax Increment Financing District, by approving the amended project plan redevelopment of the district submitted to City Council by the Philadelphia Authority for Industrial Development. And an ordinance creating the Penn's Landing Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development for the redevelopment of Penn's Landing Tax Increment Financing District, being the area generally bonded 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 an ordinance amending an ordinance approved July 5, 1997, Bill No. 970240, which created the Reading Terminal Head House Tax STATED MEETING - INTRODUCTION OF BILLS Increment District by approving the amended project plan for the redevelopment of the district submitted to City Council by the Philadelphia Authority for Industrial Development.
These messages will be printed in the journal. The Chief Clerk will read any other communications in her possession.
Next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Clark.
The Chair thanks the City Councilwoman. The Chair recognizes Councilman Cohen.
The Clerk will STATED MEETING - INTRODUCTION OF BILLS please read the title of the resolution.
A resolution recognizing Israel's 50th Year of Independence Celebration on May 17, 1998.
Mr. President, I move the adoption of the resolution. (Duly seconded.)
All 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 Krajewski.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. I have no bills or resolutions today. STATED MEETING - INTRODUCTION OF BILLS
The Chair thanks the Councilwoman. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. I have no bills or resolutions today.
The Chair thanks the Councilman. The Chair recognizes Councilwoman Miller.
A resolution calling upon the General Assembly and the Pennsylvania Commission on Sentencing to provide increased penalties to people who commit violations of a controlled substance, drug, device and cosmetic act within one thousand feet of City park or recreation center.
Thank you, Mr. STATED MEETING - INTRODUCTION OF BILLS President. I move for the adoption of the resolution. (Duly seconded.)
All 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 Nutter.
Thank you, Mr. President. I have no bills or resolutions to present today.
The clerk will please read the title of the resolution.
A resolution congratulating the American Gas Cooling Center on its 4th Technical Conference and Exposition, May 5th through the 8th, at the Pennsylvania Convention Center.
The Chair recognizes STATED MEETING - INTRODUCTION OF BILLS Councilwoman Tasco.
All in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. Resolution is adopted. The Chair recognizes Councilman DiCicco.
Thank you, Mr. President. I offer six bills and one resolution.
An ordinance authorizing the change in the name of Webster Street, from Passyunk Avenue to Seventh Street, to "Queen Street," under certain terms conditions. And an ordinance establishing a parking regulation on South Street, north side, from Second street to Eighth Street, under certain terms and conditions. And an ordinance creating the Penns STATED MEETING - INTRODUCTION OF BILLS Landing Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development for the redevelopment of Penn's Landing Tax Increment Financing District. And an ordinance amending an ordinance approved July 5, 1997, Bill No. 960701, which created the PSFS Tax Increment Financing District, by approving the amended project plan and the redevelopment of the district submitted to City Council by the Philadelphia Authority for Industrial Development. And an ordinance amending an 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 the City Council by Philadelphia Authority for Industrial Development and making certain findings and declarations, all in accordance with the Tax Increment Financing Act. And an ordinance amending an ordinance approved July 5, 1997, Bill No. 970239, which STATED MEETING - INTRODUCTION OF BILLS created the City Hall Annex 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 by amending the effective date of the district in making certain findings and declarations, all in accordance with the tax Increment Financing Act.
These bills will be referred to the appropriate committee. The Clerk will please read the title of the resolution produced by Councilman DiCicco.
A resolution designating that part of Dock Street, from Christopher Columbus Boulevard to Second Street, as "Edmund Bacon Way."
Thank you, Mr. President. I move the adoption of the resolution. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed, say nay. STATED MEETING - INTRODUCTION OF BILLS The ayes have it. Resolution is adopted. The Chair recognizes Councilwoman Clark.
Mr. President, I'd like to correct my earlier statement. I do have two bills on your behalf.
An ordinance authorizing the (unintelligible) Partnership to construct and maintain an illuminated marquee a minimum of 12 feet, 4 inches above the footway in front of the facade of the Adrian Theater at 2032 Sansom Street and projecting approximately 6 feet, 8 inches from the facade of said property, under certain terms and conditions. And an ordinance creating the Cecil B. Moore Avenue Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development for the redevelopment of the Cecil B. Moore Avenue Tax Increment Financing District, being the area generally bounded by the center line of North 16th STATED MEETING - INTRODUCTION OF BILLS Street on the west, a certain three-foot wide alley, 97 feet north of Cecil B. Moore Avenue on the north of the center line of North Sydenham on the east and a line approximately 202 feet south of Cecil B. Moore Avenue on the south, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act.
These bills will be referred to the appropriate committee. The Chair recognizes Blackwell.
Mr. President, I have one resolution this morning.
The Clerk will please read the title of the resolution.
A resolution honoring West Catholic High School Girls Basketball Team.
Mr. President, I move the adoption of the resolution. (Duly seconded.)
All in favor, let it be known by saying aye. STATED MEETING - INTRODUCTION OF BILLS Those opposed, say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilman O'Neill.
An ordinance authorizing the paving of Depue Avenue and Lindenhurst Street, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194 by striking from the STATED MEETING - INTRODUCTION OF BILLS City Plan and vacating a portion of Reed Street from a point approximately 293 feet south of Norris Street to a point approximately 60 feet southwardly therefrom and by reserving and placing on the City Plan a certain right-of-way for gas main purposes, under certain terms and conditions. And an ordinance declaring it is desirable for the health, safety and welfare of the people in the area served by Greater Philadelphia Health Services II Corporation, a nonprofit corporation organized under the laws bills of the Commonwealth of Pennsylvania, which operates a long-term care facility known as Norwood Nursing and Convalescent Center, located at 4621 Castor Avenue in Philadelphia, Pennsylvania. And an ordinance amending Section 9-205 of The Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalk sales on the 200 block of West Lehigh Avenue, both sides. And an ordinary amending an ordinance approved May 9, 1997, Bill No. 970183, which ordinance authorized the Commissioner of Public STATED MEETING - INTRODUCTION OF BILLS Property to convey to the Redevelopment Authority of the City of Philadelphia certain premises located at 2121 through 37 North Howard Street by amending the legal description of the premises being conveyed to the Redevelopment Authority.
These bills will be referred to the appropriate committee. The Clerk will please read the title of the resolution introduced by Councilman Mariano.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for properties situated in the 19th Ward of the City of Philadelphia.
All in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is STATED MEETING - INTRODUCTION OF BILLS adopted. The Chair recognizes Councilman Nutter.
An ordinance amending Chapter 19-1400 of the Philadelphia Code entitled "Realty Transfer Tax" by decreasing the rate of the tax beginning July 1, 1998, by amending the definition of "real estate company" by amending the definition of "acquired real estate company," the transfer of which is subject to the tax and by eliminating to individuals the exception for reclaiming purchase money deeds in lieu of foreclosure, all under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth.
The Chair thanks the STATED MEETING - INTRODUCTION OF BILLS Councilman. The Chair recognizes Councilman Rizzo.
The Clerk will please read the title of the resolution.
A resolution calling on the Council Committee on Parks, Recreation, and Cultural Affair to hold hearings to investigate the current deer problem in Fairmount Park and to investigate what measures might best be taken to safely efficiently, and affordably alleviate the problem and calling on expert witnesses to give testimony on achieving this end.
I move for the adoption of the resolution, Mr. President. (Duly seconded.)
It's been properly moved and seconded. The Chair recognizes Councilman Nutter.
I'm sorry, Mr. STATED MEETING - INTRODUCTION OF BILLS President. I thought I was under the impression that this resolution was being held or that there had been a request for a hold on this resolution.
I'm sorry, Councilman, I need you to repeat that statement.
I said I'm sorry, Mr. President. I was under the impression, after a conversation with another member, that this resolution was being held. I didn't realize that it was coming -- I thought a request had been made in some series of conversations.
I don't know anything about it. The Chair recognizes Councilwoman Miller.
Yes. I spoke to Councilman Rizzo and asked him to hold that resolution for about a week or so because Councilman Nutter and I have been working and meeting with people regarding the deer problem in Fairmount Park. And I thought it would be most appropriate if we held it, and all three of us could get together prior to the introduction. And STATED MEETING - INTRODUCTION OF BILLS he wanted to go on and submit it today.
Mr. President, I don't think that this resolution could impact upon the conversations with the Fairmount Park Commission, and I would like to have this resolution moved.
Just a point of information, Mr. President. Are the District Councilpeople whose district encompasses the area of concern asking for a withdrawal? Or I'm sorry -- not a withdrawal, but a holding of the resolution? Thank you, Mr. President.
Again, Mr. President, I didn't have a direct conversation. STATED MEETING - INTRODUCTION OF BILLS It was just my understanding that the Councilwoman had made the request, and the usual courtesy is that, at least for a week, a member would hold the resolution. The Councilwoman is correct. There are a series of ongoing discussions about this particular issue, and the sponsoring Councilmember may be having discussions as well. All I'm -- I'm not debating the resolution; I was just under the understanding that a request had been made and that the courtesy was being extended to the Member. And so I was surprised that it was still being introduced.
Mr. President, now that it's been clearly explained to me, I will extend the courtesy of holding the resolution.
The Chair thanks the Councilman. This resolution then will be held, and the Councilman will consider introducing it next week. The Chair thanks the Councilman.
The next order of STATED MEETING - REPORTS FROM COMMITTEES business is Reports from Committees. The Chair recognizes Councilwoman Verna for the Report of the Council Committee on the Whole.
Thank you, Mr. President. The Committee of the Whole reports Bill No.'s 970745, 970749, and 970750 out of committee, with no recommendation.
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. 970745, entitled "An Ordinance Amending the Retirement System Ordinance," approved December 3, 1956, as amended, and amending the municipal retirement benefit plan 1997 ordinance, which became effective January 8, 1987, as amended, to, in the case of both ordinances, allow members of the retirement system to name as beneficiaries and survivors any person designated by the employee, under certain terms and conditions. STATED MEETING - REPORTS FROM COMMITTEES And Bill No. 970749, an ordinance amending Chapter 19-1400 of The Philadelphia Code entitled "Realty Transfer Tax" by further providing for excluded transactions and requiring the signing of a certification affidavit, under certain terms and conditions. And Bill No. 970750, an ordinance amending Chapter 9-1100 of The Philadelphia Code entitled "Fair Practices" by adding a new definition and amending certain definitions and by prohibiting discrimination in employment and places of public accommodations on the basis of marital status, respectfully reports that it has considered the same and returns the attached bills to Council, with no recommendation.
The bills reported with no recommendation will be printed and placed on first-reading calendar for our next meeting. Bill No. 970140 and 970181 will be noted as having been withdrawn and not considered at the public hearing. The Chair recognizes Councilman Kenney for the Report of the Committee on Rules.
Thank you, Mr. STATED MEETING - REPORTS FROM COMMITTEES President. The Council Committee on Rules reports out Bills 970592 and 970692, with favorable recommendations.
To the President and Members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 970592, entitled "An Ordinance to Amend the Philadelphia Zoning Maps," by changing the zoning designation of certain areas of land located within the block bounded by Glenwood Avenue, Second Street, Tioga Street, and Phillips Street. And Bill No. 970692, an ordinance amending an ordinance approved June 25, 1997, Bill No. 970047, entitled "An Ordinance Granting Permission to National Fiber Network," a Delaware corporation, registered to do business in Pennsylvania and its successors, assignees, and agents to construct, maintain and operate, replace, and remove a telephone communications system in, under, and across the public right-of-way and City streets and/or to place such STATED MEETING - REPORTS FROM COMMITTEES telecommunications system within the existing facilities owned by Bell Atlantic Pennsylvania, PECO Energy Company, Southeastern Pennsylvania Transportation Authority, Consolidated Rail Corporation, CSX Corporation, or other entity holding a grant pursuant to other City ordinances, all under certain terms conditions, by listing additional permitted locations for such telecommunications systems, under certain terms and conditions, respectfully report that you consider the same and returns the attached bills to Council, with a favorable recommendation.
I move the rules of Council be suspended so as to permit first reading of Bill No. 970592 only today. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The rules are suspended, and Bill No. 970592 will be added to our first-reading calendar today. Bill No. 970692 STATED MEETING - REPORTS FROM COMMITTEES will be printed and placed on our first-reading calendar for our next meeting. The Chair recognizes Councilwoman Verna for the Report of the Council Committee on Finance.
Thank you, Mr. President. The Committee on Finance reports Bill No.'s 980232, 980233, and 980234 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. 980232, entitled "An Ordinance" authorizing generally the issuance of Gas Works Revenue Bonds of the City of Philadelphia, which shall be subordinate to bonds issued under the General Gas Works Revenue Bond Ordinance of 1975, which ordinance is hereby amended to limit issuance of bonds thereunder proscribing the form of bonds issued hereunder, and providing for their execution, transfer, STATED MEETING - REPORTS FROM COMMITTEES exchange, payment, and redemption proscribing the conditions precedent to issue of specific series of bonds, including supplemental authorizing ordinances pledging certain revenues of the Gas Works as security, adopting a rate covenant and directing the Gas Commission to impose rates sufficient to comply therewith.
Mr. President, I move that the rules of Council be suspended so as to permit first-reading of Bills No. 980232, 980233 and 980234. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The rules are suspended, and Bill No. 980232, 980233, and 980234 will be added to our first-reading calendar today.
Bill No. 980233, an ordinance constituting the first supplemental STATED MEETING - REPORTS FROM COMMITTEES ordinance to the General Gas Works Revenue Bond Ordinance of the 1998 General Ordinance authorizing the Mayor, the City Controller, the City Solicitor, or a majority of them, to sell either at public or private sale Gas Works Revenue Bonds, first series, to the City of Philadelphia in one or more sub series in the maximum aggregate principal amount of $300 million. And Bill No. 980234, an ordinance authorizing generally the continued issuance and sale by the City of Philadelphia Gas Works Revenue Notes of the City proscribing the form of notes and providing for their execution and payment and pledging certain revenues of the Gas Works as security, adopting a rate covenant and directing the Gas Commission and the Manager of the Gas Works to impose and collect rates sufficient to comply therewith.
Thank you very much. The Chair recognizes Councilwoman Verna.
For what purpose, Mr. President? STATED MEETING - REPORTS FROM COMMITTEES
Well, let's just do the -- apparently she had only read two of the bills when we passed the motion. Out of the abundance of caution, given the nature of these bills, I'd like to do that vote again.
Thank you. I move that the rules of Council be suspended so as to permit first-reading of Bill No.'s 980232, 980233, and 980234. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The rules are suspended, and Bill No. 980232, 980233, and 980234 will be added to our first-reading calendar today.
The next order the of business is the consideration of the calendar. The Chief Clerk will please read the bills on the first-reading calendar.
Bill No. 970794, an ordinance naming the playground currently STATED MEETING - FIRST-READING-CALENDAR BILLS designated as the "Whitehall Commons Playground," located and 1900 Wakeling Street and bounded by 4700 Jackson Street, 4700 Ditman street and 1900 Margaret Street as "The Billy Gambrell Playground."
Bill No. 970592, an ordinance to amend the amend Philadelphia zoning maps by changing the zoning designations of certain areas of land located within the block bounded by Glenwood Avenue, Second Street, Tioga Street, and Phillips Street.
Bill No. 980232, an ordinance authorizing generally the issuance the Gas Works Revenue Bonds of the City of Philadelphia, which shall be subordinate to bonds issued under the General Gas Works Revenue Bonds Ordinance of 1975, which ordinance is hereby amended to limit issuance of bonds thereunder.
Bill No. 980233, an ordinance constituting the first supplemental ordinance to the General Gas Works Revenue Bond STATED MEETING - FIRST-READING-CALENDAR BILLS Ordinance of 1998 authorizing the Mayor, the City Controller, the City Solicitor, or a majority of them, to sell either at public or private sale Gas Works Revenue Bonds, first series, of the City of Philadelphia.
Bill No. 980234, an ordinance authorizing generally the continued issuance and sale by the City of Philadelphia Gas Works Revenue Notes of the City proscribing the form of notes and providing for their execution and payment, pledging certain revenues of the Gas Works as security, adopting a rate covenant and directing the Gas Commission and the Manager of the Gas Works to impose and collect rates sufficient to comply therewith.
The Chair agrees. The bills read by the Chief Clerk will be placed on the second- and final-reading passage calendar for our next meeting
Council will now consider bills in the second-reading final-passage calendar. STATED MEETING - CONSIDERATION OF BILL 960823-A The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. At this time, a leave of absence is requested for Councilwoman Fernandez.
The Chair thanks the Councilwoman. The leave will be granted.
Also, all bills on the second-reading and final-passage calendar are being pulled for consideration, with the exception of Bill No.'s 960629 and 970272.
Oh, I'm sorry, Mr. President. That will also not be heard.
Okay. The first bill for consideration, then, will be Bill No. 960823-A. The Clerk will please read the title of the bill.
An ordinance amending Title 17 of The Philadelphia Code entitled "contracts and procurement" by amending STATED MEETING - CONSIDERATION OF BILL 960823-A Section 17-107 entitled Contractors, "Labor Management Relationships," by revising the prevailing wage ordinance, including extending the prevailing wage requirements to certain service contracts revising administrative and reporting requirements providing for the payment to persons who file complaints and prohibiting discriminating litigation against persons who file complaints.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Chair recognizes Councilman Kenney for the purpose of offering an amendment, which, I assume, has been circulated to all Members of Council.
Yes, Mr. President. There are amendments that have been circulated to all Members of Council and discussed with the sponsors of the bill -- myself and Councilman Mariano. These amendments are specifically to deal with some streamlining of language and changing of some paragraph lettering. They're predominantly technical in nature and are being STATED MEETING - CONSIDERATION OF BILL 960823-A offered as friendly amendments with the approval of the sponsors. I move the adoption of the amendments. (Duly seconded.)
All in favor, let it be known by saying aye. The Chair recognizes Councilman Cohen.
Will Councilman Kenney agree to be questioned about the amendments?
I would just like a simple explanation of the basis for the amendments.
Thank you very much, Mr. President. These amendments dealt specifically with an issue surrounding -- which is a new feature of the prevailing wage legislation in this City, and that is dealing with off-site STATED MEETING - CONSIDERATION OF BILL 960823-A fabrication of sheet metal products. There was language originally included in the bill, which is being deleted, which was somewhat ambiguous in its nature. And it was agreed to, with help of Council technical staff, to be tightened up and to be more specific on the issue of sheet metal off-site fabrication. The other issue that was also being amended is, for the first time again in prevailing wage legislation in this City, we are including a level of service contracts. There were two deletions: one for engineering and one for law. But other types of service contracts, like landscaping and building maintenance, custodial and janitorial housekeeping issues that have been an interest to Members of this Council as it relates to subcontracting of work by the City for City Hall and other municipally-operated and -owned buildings is included in this for the first time; although, I guess, the engineers and lawyers were a little nervous, so somebody requested that they take out that. But we're really more concerned about providing prevailing wage protection for STATED MEETING - CONSIDERATION OF BILL 960823-A middle-class working people than we are for lawyers and engineers. And for the other additional amendments were simply a movement of lettering for the paragraphs involved in the bill, and they are technical nature.
Councilman, if you will permit me, I personally attended, along with Mr. Shapiro of our staff, three meetings in the Mayor's office and with the representatives of the unions who are interested in this legislation. And we went to great lengths to make sure that the amendments that are proposed do not defeat the intention of the bill. And it was as recently as 10:30 today when the Mayor and his staff and our staff agreed that these amendments significantly improved the bill. And that's the reason why they're being offer here today.
Do you have any comment, Mr. President, with respect to the exclusion of engineers and attorneys?
I have no comment on that exclusion. STATED MEETING - CONSIDERATION OF BILL 980022
As in the Jewish tradition, in the long fight to have Israel established as a nation, we used to say, "Next year in Jerusalem." With respect to the engineers and the attorneys, maybe it will be next year. (Laughter.)
Thank you, Mr. President, and thank you, Councilman Kenney.
Are there any other comments on the amendments? (No further comments.)
All in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The bill is amended. And the bill, as amended, will be placed on our second and final-reading passage calendar for our next meeting. For next bill for consideration is Bill No. 980022. Clerk will please read the title of the bill.
An ordinance amending section 9-206 of the Philadelphia Code STATED MEETING - CONSIDERATION OF BILL 980022 entitled "Sidewalk Vendors in Neighborhood Business Districts" by designating University City, the area in the general vicinity of the campus of the University of Pennsylvania, in West Philadelphia, as a neighborhood business district, in which sidewalk vending is regulated, pursuant to Section 9-206, and enacting special provisions regulating vending, both sidewalk vendors and street vendors, in University City, 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 Chair recognizes Councilman Nutter.
Mr. President, I wish to ask for a brief leave from the chambers. I have to take care of a matter, but I'd like to be reported as voting "aye" on all the rest of the bills should I not make it back before the calendar is completed.
Leave will be granted the. The Chair recognizes Councilman Longstreth. STATED MEETING - CONSIDERATION OF BILL 980022
The Chair thanks the Councilman. Leave will be granted. Clerk will call a roll.
Councilwoman Krajewski. STATED MEETING - CONSIDERATION OF BILL 980022
Councilman Longstreth is voting aye. Councilman Mariano.
Aye. The ayes are 15, the nays are 0. The STATED MEETING - CONSIDERATION OF BILL 970693 majority of all Members of Council having voted in the affirmative, the bill passes. The next bill for consideration will be Bill No. 970693. The Clerk will please read the title of the bill.
An ordinance amending an ordinance approved January 3, 1992, establishing vendor locations in Center City, pursuant to subsection 9204(8)(a), by deleting one location on South Fifth Street and by creating a new location on South Fifth 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.
Councilman STATED MEETING - CONSIDERATION OF BILL 970693 DiCicco.
Councilman Longstreth is voting aye. Councilman Mariano.
Councilwoman STATED MEETING - CONSIDERATION OF BILL 980121 Verna.
Aye. The ayes are 15, 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. 980121. The Clerk will please read the title of the bill.
An ordinance amending Section 9-205 of The Philadelphia Code relating to sidewalk sales on certain blocks in the 7th Councilmatic District.
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 - CONSIDERATION OF BILL 980121
Councilman Longstreth is voting aye. Councilman Mariano.
Aye. The ayes are 15, the nays are 0. The majority of all Members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980174. The Clerk will please read the title of the bill.
An ordinance amending Section 92-05 of The Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalk sales on certain blocks in the 7th Councilmatic District.
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 - CONSIDERATION OF BILL 980174
Councilman Longstreth is voting aye. Councilman Mariano.
Councilman Nutter STATED MEETING - CONSIDERATION OF BILL 980175 is voting aye. Councilman O'Neill.
Aye. The ayes are 15, 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. 980175. The Clerk will please read the title of the bill.
An ordinance amending Section 9-205 of The Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalk sales on certain STATED MEETING - CONSIDERATION OF BILL 980175 blocks in the 7th Councilmatic District.
This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.
Councilman Longstreth is voting aye. Councilman Mariano. STATED MEETING - CONSIDERATION OF BILL 980175
Aye. The ayes are 15, the nays are 9. The majority of all Members of Council having voted in the affirmative, the bill passes. This concludes our consideration of the STATED MEETING - SPEECHES - ADJOURNMENT calendar.
Are there any speeches on the part of members of the Minority? (No speeches on the part of Members of the Minority.)
Are there any speeches on the part of Members of the Majority? The Chair recognizes Councilwoman Tasco.
Thank you, Mr. President. I have one more future leader here with me this morning. Her name is Gabrielle, she's three years old. She is the daughter of Sharon Ortiz, staffer for Councilman Ortiz. She's writing her memoirs. (Applause.)
Thank you very much. Are there any other speeches? The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. STATED MEETING - SPEECHES - ADJOURNMENT I move that Council stand adjourned until Thursday, April 30, 1998, at 10 a.m. (Duly seconded.)
All in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. This Council stands adjourned until Thursday, April 30, 1998, at 10:00 a.m. (Adjourned at 11:45 a.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, April 23, 1998 were reported and accurately by me, and that this is a correct transcript of same. RE: COMMITTEE OF THE WHOLE __________________________________, JOSEPHINE CARDILLO, RPR.