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Minutes

Stated Meeting, December 17, 1998

Philadelphia City CouncilDec 17, 1998

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Organizations mentioned

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, December 17, 1998 11:30 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 MARIAN B. TASCO COUNCILMAN ANGEL L. ORTIZ 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 12/17/98 STATED MEETING - Greeting/Invocation P R O C E E D I N G S

President Street

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 Imam Abuhatab. He is here today as a guest of Councilman DiCicco. Members and guests will please rise. (All rise.) (Imam Abuhatab addresses body in a Muslim prayer.) TRANSLATOR: In the name of Allah, most merciful, most compassionate (unintelligible) in the Koran, verily I have made you from one soul, and I have propagated you into tribes and clans, and made you from male and female to mate; and verily, those who adhere to the teachings will rescue themselves, and all others are destined to loss. Brothers and sisters, it's my pride to stand before you today and congratulate you on the 12/17/98 STATED MEETING - Greeting/Invocation festivities that we all have in these holy holidays, and among those holidays is the month of Ramadan in which we witness the brotherhood and the fear of Allah and working together to elevate the standards of living of all the citizens of this city. And I take pride in standing before you. You are the representatives of the people. I ask Allah's power to give you guidance in every matter that you take through the floor. And I ask Allah's power to help you to fight the diseases that we have in this city. It is verily a very heavy task, and everybody is watching you. I Allah's power for forgiveness and to take you through these difficult missions.

President Street

The Chair thanks Imam Abuhatab for his inspiring invocation. Council will stand at ease. (Council stands at ease.)

President Street

The next order of business is the approval of the journal of the meeting of Thursday December 17, 1998. The Chair recognizes Councilwoman 12/17/98 STATED - Approval of 12/10 Journal, Leaves of Abs. Clark.

Councilwoman Clark

I move the adoption of the journal of that date. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. Then the journal of the meeting of Thursday, December 10, 1998 stands approved

President Street

The next order of business is leaves of absence. The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Thank you, Mr. President. On behalf of the Majority, there are no requests for a leave of absence.

President Street

The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Mr. President. On behalf of the Republicans, there 12/17/98 STATED - Visitor Recognition, Presentations are no requests for a leave of absence.

President Street

The Chair thanks Councilman O'Neill.

President Street

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 today and applaud your interest in the civic affairs of our City, and certainly we invite you to come again. Is there any member of Council who would like to introduce a visiting guest at this time? (No response.)

President Street

Our first presentation today recognizes December 1998 as the month of Ramadan. To make this presentation, the Chair appoints Councilman DiCicco. The Chair invites Imam Abuhatab to come and receive this resolution. (Councilman DiCicco comes forward.)

Councilman Dicicco

Thank you, Mr. 12/17/98 STATED - Visitor Recognition, Presentations President. I also invite Councilman Kenney up to come and help with the reading of the resolution. (Councilman Kenney comes forward.)

Councilman Dicicco

Recognizing December 1998 as the month of Ramadan: Whereas, there are approximately 5 million Muslims living in the United States, and of these, over 80,000 are in the Philadelphia area; and Whereas, all over the world Muslims will be observing Ramadan from December 20, 1998 to January 19, 1999. As Ramadan commemorates the revelation of the holy Koran, so it is also a time of rededication and a time of personal renewal; and. . .

Councilman Kenney

Whereas, Ramadan is observed through fasting, prayer, and meditation as the more than one billion Muslims throughout the world reflect on the foundations of the physical and moral strength they need in this troubled world; and Whereas, Ramadan encourages the Muslim community to develop compassion and charity towards all persons and to seek unity and justice 12/17/98 STATED - Visitor Recognition, Presentations in all things; Now therefore resolved by the Council of the City of Philadelphia that we hereby recognize December 1998 as Ramadan Month and salutes the Muslim community in Philadelphia for its contributions to the citizens of the city. We join with you in prayer that the messages of peace and brotherhood, which are at the heart of Ramadan, will also find their way into our own hearts, and that each sunset will find the world a more serene and holy place.

Councilman Dicicco

Resolved further that an engrossed copy of this resolution be presented to Sheikh Mohammed Alla as evidence of the respect of this legislative body for the Muslim community in this holiest of celebrations. This is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 17th day of December, 1998, signed by the Honorable John F. Street and all members of City Council. (Applause.)

President Street

The Chair recognizes Imam Abuhatab for remarks. 12/17/98 STATED - Visitor Recognition, Presentations (Imam Abuhatab addresses body.) (Applause.) TRANSLATOR: I thank you very much for this honor, and I ask Allah's power to destine your tasks with success and help you through your mission. Thank you. (Applause.)

President Street

Council will stand at ease. (Council stands at ease.)

President Street

Our second presentation recognizes a state of emergency regarding the HIV AIDS crisis. To make this presentation, the Chair appoints Councilwoman Verna. The Chair invites Mr. Tyrone Smith to come and receive this resolution.

Councilwoman Verna

I believe that Councilwoman Clark has that.

President Street

The Chair is in error. The Chair recognizes Councilwoman Clark to come and make this presentation. (Councilwoman Clark comes forward.)

Councilwoman Clark

Thank you. Mr. 12/17/98 STATED - Visitor Recognition, Presentations President. Today, I am particularly pleased to read this resolution calling on the Mayor, the Commissioner of Health AIDS Activity Coordinating Office, Philadelphia EMA-HIV Commission, and the Philadelphia AIDS Consortium to focus existing and future research and needs assessment efforts to identifying the causes of these grave disparities, develop a plan that addresses these disparities, and assure sufficient resources and support are allocated in addressing this epidemic in a manner that empowers these most heavily impacted communities to build infrastructures that employ effective models of prevention and treatment. Whereas, HIV AIDS continues to be a leading cause of death among African-Americans and Latinos in Philadelphia, even as new treatments have significantly reduced AIDS-related deaths nationwide; and Whereas, the epicenter of HIV AIDS in our city is North Philadelphia, representing 16 percent of the City's population, 36 percent of recently reported cases, the lowest median household income, the highest rate of households 12/17/98 STATED - Visitor Recognition, Presentations without medical insurance and a population whose majority is African-American and Latino; and Whereas, African-Americans and Latinos comprise 48 percent of the city's population but 80 percent of recently reported AIDS cases; and Whereas, AIDS cases rate in Philadelphia women are highest in African-American and Latinos women, 135 cases per 100,000 population and 133 cases per 100,000 respectively compared to only 35 cases per 100,000 in the white population of women; and Whereas, African-Americans and Latinos in Philadelphia have historically been disproportionately represented in all of the leading causes of death, except suicide; Now therefore revolved by the Council of the City of Philadelphia that this legislative body, in keeping with city government's commitment to protect the health of its constituents, recognizes the state of emergency indicated by these compelling statistics; and therefore calls on the Mayor, the Commissioner of Health, the AIDS Activities Coordinating Office, the Philadelphia EMA-HIV Commission, and the Philadelphia AIDS 12/17/98 STATED - Visitor Recognition, Presentations Consortium to focus existing and future research and needs assessment efforts to identify the causes of these grave disparities, develop a plan that specifically addresses these disparities following the lead of President Clinton's Racial and Ethnic Health Disparities Initiatives, and the recent Congressional Black Caucus HIV Initiative, assure sufficient resources and support allocated in addressing this epidemic in a manner that empowers those most heavily impacted. Certified that this is a true and correct copy of the original resolution adopted by the City Council of Philadelphia on the 10th day of December, 1998, introduced by Ann Verna for John Street, and cosponsored by every member of Council. (Applause.)

President Street

The Chair recognizes Mr. Smith for remarks.

Mr. Smith

Thank you Council President Street. The Philadelphia EMA-HIV Commission applauds the efforts of the City Council of Philadelphia for its continual leadership, 12/17/98 STATED - Visitor Recognition, Presentations support, and enhancements to initiatives to address the disparity in the African-American and Latinos communities faced with the HIV AIDS epidemic. The leadership provided by Council President John F. Street has afforded Philadelphia's disfranchised communities an opportunity to be heard and to become primary partners in the City of Philadelphia's response to this epidemic. This community voice is an essential component to the diverse development by the City of Philadelphia's HIV Commission membership which reflects a representation of the diversity of those impacted by this disease. It is the commitment of our body to continue forcing our efforts and resources of these communities hardest hit by this epidemic. We challenge our elected community, our religious and business and civic leaders to join us in the raising of an awareness of HIV in the African-American and Latino communities. We challenge each member of City Council to partner with the Philadelphia EMA-HIV Commission in holding public forums in their 12/17/98 STATED - Visitor Recognition, Presentations representative districts strategies to address the HIV-related hardship disparity faced by the friend American and Latino communities. We challenge our City Council to earmark added resources in the next City budget to immediate comprehensive needs assessment which will identify outcomes to close the gaps created by the disparity. We challenge our religious and business and civic leaders to identify mechanisms and resources to augment these essential HIV-related services in factions in the African and American Latino community-based organizations which are currently undermet by the Ryan White Act. And at this time, I would like to recognize: Bernard Warren, the Executive Director of the Philadelphia EMA Commission; Dale Grundy, Co-Chair of the HIV commission; Michael Hinson, Co-Chair of the Philadelphia EMA commission; Rick Britt, Care Services Committee Co-Chair; Guadaloupe Santos, Latino Caucus Chair; Marvin Crawford, Co-Chair of the African-American Caucus; Larry Hockendonner, Executive Director, AIDS Consortium; Jill Kronauer (ph.), the Executive 12/17/98 STATED - Visitor Recognition, Presentations Co-director of the AIDS Activity Coordinating Office; and Pat Bass, Co-director of the HIV Coordinating Office, who has a special announcement for us.

Ms. Bass

The Philadelphia Health Department continues to be committed to looking at this epidemic. And to show that we are actually moving forward, we have worked very diligently with the HIV Commission. And this year, we have successfully written an application to HERSA (ph.), and we were informed, I guess, on Monday that, in fact, we will be getting an additional $2 million. (Applause.)

Ms. Bass

And this was a demonstration of our needs as well as our commitment to continue to provide services to those who are in need of these services. Thank you. (Applause.)

Mr. Smith

Last but not least (unintelligible). (Mr. Smith names and recognizes others in audience over applause.) 12/17/98 STATED - Communications (Applause.)

President Street

Council will stand at ease. (Council stands at ease.)

President Street

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.)

President Street

The chief clerk will read the messages from the mayor.

Chief Clerk Hauser

December 11, 1998, to the President and Members of the Council of the City of Philadelphia: I am pleased to advise you that I have today signed three bills which were passed by Council on December 10th. December 14th: I am pleased to advise you that I have today signed 980680 which was passed by Council at its session on November 19th. December 15th: I am pleased to advise you that I have today signed 29 bills which were 12/17/98 STATED - Introduction of Bills, Resolutions passed by Council on November 19, 1998.

President Street

These messages will be printed in the journal. The chief clerk will read any other communications in her possession.

Chief Clerk Hauser

I have none, Mr. President.

President Street

The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Augusta Clark.

Councilwoman Clark

Mr. President, today I have two resolutions -- one on your behalf and the other on your behalf and the rest of the Councilmembers honoring the life of the late Judge A. Leon J. Higginbotham.

President Street

The clerk will please read -

Councilwoman Clark

And I ask that we would pass this with a rising vote.

President Street

The clerk will please read the title of the first resolution. 12/17/98 STATED - Introduction of Bills, Resolutions

Chief Clerk Hauser

A resolution honoring the life of the late Judge A. Leon Higginbotham, Jr.

President Street

The Chair recognizes Councilwoman Clark.

Councilwoman Clark

Can you read the whole thing.

Chief Clerk Hauser

Certainly.

President Street

There's been a special request that the entire resolution be read.

Councilwoman Clark

Please.

President Street

If there's no objections from members of Council, the clerk will please read the entire resolution.

Chief Clerk Hauser

A resolution honoring the life of the late Judge A. Leon Higginbotham, Jr. Whereas, the untimely death of Judge A. Leon Higginbotham, Jr. on December 14, 1998 has taken from us a great citizen of Philadelphia and the world; and Whereas, Judge Higginbotham graduated from Yale Law School in 1952 and was admitted to 12/17/98 STATED - Introduction of Bills, Resolutions the Pennsylvania Bar in 1953 and became a partner in the firm of Norris, Schmidt, Green, Harris and Higginbotham, the first African-American law firm in Philadelphia; and Whereas, Judge Higginbotham was appointed to the Federal Trade Commission by President Kennedy in 1962, becoming the first African-American to head a federal regulatory agency; and Whereas, Judge Higginbotham was appointed to the federal bench in 1964 at the age of 35 by President Johnson and served as judge of the United States District Court for the Eastern District of Philadelphia from 1964 to 1970; and Whereas, Judge Higginbotham was appointed to the United States Court of Appeals for the Third Circuit in 1977, where he served as judge, chief judge, and senior judge until 1993. On his nomination to the Court of Appeals, he received by unanimous vote the American Bar Association's highest rated exceptionally qualified; and Whereas, after retiring from the bench, Judge Higginbotham served as the public service 12/17/98 STATED - Introduction of Bills, Resolutions professor of jurisprudence at the Kennedy School of Government and Harvard University and served as counsel to the law firm Paul, Weiss, Rifkin, Wharton and Garrison; and Whereas, Judge Higginbotham was a leading scholar on race and the American legal process and served on the faculties of Yale, Harvard, New York University and the University of Pennsylvania law schools, he authored the series "Race and the American Legal Process," which included, "In the Matter of Color," published in 1978, and "Shades of Freedom," published in 1996. "In the Matter of Color" has been described as the definitive account of racism, slavery and the law in colonial America; and received the Silver Gavel Award, the highest given by the American Bar Association, the National Bar Association's Literary Award, and many other national and international awards. "Shades of Freedom" analyzed the interaction between the American judicial system and racial oppression from colonial times to the present and examined how perceptions of racial inferiority have impacted the law; and 12/17/98 STATED - Introduction of Bills, Resolutions Whereas, Judge Higginbotham devoted his life to fighting racism and the consequences of racism in the United States, Africa and throughout the world; and Whereas, among Judge Higginbotham's greatest legacies is the legend of his former students and judicial clerks who, guided by his mentoring and friendship, have achieved distinguished careers in public service and the law -- including former United States Attorney Edward G. ; Eleanor Holmes Norton, who was his first law clerk and is currently the District of Columbia's representative in the House of Representatives; and City Solicitor Stephanie L. Franklin-Suber; and Whereas, Judge Higginbotham was awarded the United States highest civilian honor, the Presidential Medal of Freedom, in 1995. Throughout his life, he received more than 50 awards, including the NAACP's Spring Arm Medal in 1996 and the Martin Luther King Award for Outstanding Service in the Area of Human Rights; and Whereas, Judge Higginbotham received 12/17/98 STATED - Introduction of Bills, Resolutions more than 60 honorary degrees from institutions of higher learning, including Princeton and Yale Universities. S. Chamber of Commerce, joining Senator Robert F. Kennedy, Leonard Bernstein, Orson wells; and Whereas, Judge Higginbotham was part of an African-American think tank with Cornell West and Henry Louis Gates at Harvard University.

Chief Clerk Hauser

He served on the Board of Trustees or Board of Directors of the National Geographic Society, the University of Pennsylvania, the New York Times, South Africa Free Election, and the American Society for Legal History; and Whereas, Mayor Rendell has ordered all City flags at half staff in honor of Judge Higginbotham, one of the greatest Philadelphians ever to sit on the Philadelphia bench; and Whereas, it is fitting and appropriate that the Council of the City of Philadelphia memorialize the life of this great American jurist, scholar, and activist; Now therefore resolved by the Council of the City of Philadelphia that the Council 12/17/98 STATED - Introduction of Bills, Resolutions respectfully honors the life of the late Judge A. Leon Higginbotham, Jr. and mourns his passing. Resolved further that an engrossed copy of this resolution shall be presented by the City Solicitor, on behalf of the Council, to Judge Higginbotham's widow, Evelyn Higginbotham, and to his children, Steven, Kenneth, Karen, and Mia.

President Street

The Chair recognizes Councilwoman Clark.

Councilwoman Clark

Mr. President, I move the adoption of this resolution by a standing vote. (Duly seconded.)

President Street

All those voting for the resolution will let it be known by standing. (All City Council members stand.)

President Street

The resolution is adopted. The clerk will please read the title of the second resolution introduced by Councilwoman Clark.

Chief Clerk Hauser

A resolution authorizing the Commissioner of Public Property to 12/17/98 STATED - Introduction of Bills, Resolutions execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for properties situate in the 16th, 20th, 29th, 32nd, and 47th Wards of the City of Philadelphia.

President Street

The Chair recognizes Councilwoman Clark.

Councilwoman Clark

I move the adoption, sir. (Duly seconded.)

President Street

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.

Councilwoman Blackwell

Mr. President, I have two resolutions.

President Street

The clerk will please read the title of the first resolution.

Chief Clerk Hauser

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for properties 12/17/98 STATED - Introduction of Bills, Resolutions situate in the 44th Ward of the City of Philadelphia.

President Street

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Mr. President, I move the adoption. (Duly seconded.)

President Street

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.

Chief Clerk Hauser

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for property situate in the 3rd, 6th, 24th, and 44th Wards of the City of Philadelphia.

President Street

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Mr. President, I move the adoption. 12/17/98 STATED - Introduction of Bills, Resolutions (Duly seconded.)

President Street

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 Cohen.

Councilman Cohen

Mr. President, I offer one resolution.

President Street

The clerk will please read the title of the resolution.

Chief Clerk Hauser

A resolution vigorously opposing and condemning the outrageous effort being made by right-wing forces in the Congress to overturn two national elections, totally disrupt the functioning of the national government, and oust from office the President of the United States.

President Street

The Chair recognizes Councilman Cohen.

Councilman Cohen

Mr. President, I move the adoption of the resolution. (Duly seconded.)

President Street

Properly moved and 12/17/98 STATED - Introduction of Bills, Resolutions seconded. The Chair recognizes Councilman Cohen.

Councilman Cohen

Mr. President, sometimes there are historic moments that we don't recognize. In the long lifetime -- and there may be somebody older than I in this room, but I doubt it -- we've never had an occasion where there has been an effort to override the will of the American people in the United States. Though there have been numerous warnings over the years, there has been an extreme group who have sought to overturn the will of the American people at various stages. And today, they are attacking the very tenets of democracy by saying that they're not going to listen to the American people and they're going to try to throw out of office a president of the United States who has been strongly elected twice by the people of the United States. I think it's urgent that this body make clear its sentiment. And for that reason, together with Councilman Ortiz, I have introduced this resolution which, in essence, describes the danger to the whole American democratic process by 12/17/98 STATED - Introduction of Bills, Resolutions the so-called impeachment procedures ongoing, and which asks the Congress to heed the calls and the views and the opinions of the American people, which have been overwhelming expressed in poll after poll and poll after poll in every area of the country. This right wing group of extremists has the power to capture a portion of one of the major political parties which seems divided in half because, at the state levels, Republican governors have spoken out with near unanimity against the process of impeachment, including Governor Ridge of Pennsylvania. The governor of Kansas yesterday and Republican governors everywhere are calling upon the Congress not to continue to proceed with impeachment but, instead, to devote their efforts to the needs of the American people to come to grips with Social Security, with welfare, with a whole host of areas. But this band that seems to have captured one of the major parties in Washington in the Congress seem just hell-bent on destroying the American democratic process. Therefore, I've introduced this resolution calling upon the Congress of the United 12/17/98 STATED - Introduction of Bills, Resolutions States to heed the will of the people and to vote strongly and overwhelming against impeachment. Thank you, Mr. President. (Applause.)

President Street

Thank you very much. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Mr. President. Mr. President, twice in my lifetime the process of impeachment has taken place in the halls of Congress -- the first time, rightfully so, because I think it was the constitution, it was the undermining of the state that was taking place during that period of time. In this case, we don't have the same situation. We don't have the same set of facts that rise to high crimes and misdemeanors. Because the only attacks and the only undermining that President Clinton has done is to his status in the history books -- not an attack on the constitution, not using government to subvert the constitution of the United States. Representative Conyers said that a coup d'etat is taking place in Washington. And a coup 12/17/98 STATED - Introduction of Bills, Resolutions d'etat does not have to take place with rifles and bayonets and tanks out on the streets. It takes place when the will of the majority of the American people is overturned. And when the majority of the American people are saying something and the house of the people, which the Congress is supposed to be, does not heed that calling, this Council should say to that house from the Philadelphia House and from the City Council where democracy and the constitution was born, Do not proceed with this, do not proceed with this folly. Yesterday it was highlighted. Here we had President Clinton acting as the president, protecting the international interests of the United States. Meanwhile, a small band of people were still thinking of going ahead with the impeachment hearings. Let us stop the attack not on President Clinton but on the constitution of the United States. Let's end the folly, and let's send a message that a vote against impeachment is the way that the Congress should responsibly vote next week. 12/17/98 STATED - Introduction of Bills, Resolutions Thank you, Mr. President. (Applause.)

President Street

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. Certainly I join my colleagues in supporting this president. We have spoken on this matter several times in Council. And I join various preachers throughout the city and the Commonwealth as well as the Black Legislative Caucus and other elected officials throughout this Commonwealth who met just last Sunday when Jessie Jackson came here to also urge the support and certainly buses for many to go to Washington to certainly voice their concerns and their support of this president. So I certainly urge my colleagues to support this resolution, and I'm very, very happy to do the same. Thank you.

President Street

Thank you very much. Those voting aye will be voting in favor of the resolution; those voting nay will be voting against the resolution somehow, this seems 12/17/98 STATED - Introduction of Bills, Resolutions entirely appropriate. The clerk will call the roll.

Chief Clerk Hauser

Councilwoman Blackwell?

Councilwoman Blackwell

Aye.

Chief Clerk Hauser

Councilwoman Clark? (Not present.)

Chief Clerk Hauser

Councilman Cohen?

Councilman Cohen

Aye.

Chief Clerk Hauser

Councilman DiCicco?

Councilman Dicicco

Aye.

Chief Clerk Hauser

Councilman Kenney?

Councilman Kenney

Aye.

Chief Clerk Hauser

Councilwoman Krajewski?

Councilwoman Krajewski

Aye.

Chief Clerk Hauser

Councilman Longstreth? (Not present.)

Chief Clerk Hauser

Councilman Mariano? 12/17/98 STATED - Introduction of Bills, Resolutions

Councilman Mariano

Aye.

Chief Clerk Hauser

Councilwoman Miller?

Councilwoman Miller

Aye.

Chief Clerk Hauser

Councilman Nutter?

Councilman Nutter

Aye.

Chief Clerk Hauser

Councilman O'Neill?

Councilman O'Neill

No.

Chief Clerk Hauser

Councilman Ortiz?

Councilman Ortiz

Aye.

Chief Clerk Hauser

Councilman Rizzo?

Councilman Rizzo

No.

Chief Clerk Hauser

Councilwoman Tasco?

Councilwoman Tasco

Aye.

Chief Clerk Hauser

Councilwoman Verna?

Councilwoman Verna

Aye.

Chief Clerk Hauser

Council President Street?

President Street

Aye. The ayes are 12, the nays are 2. A 12/17/98 STATED - Introduction of Bills, Resolutions majority of all members of Council having voted, the -The ayes are getting ready to be 13. The Chair recognizes Councilwoman Clark.

Councilwoman Clark

Mr. President, I wish to be reported as voting in favor of this resolution's passage with the most vigor that I can muster and with the shortest speech I can make. (Laughter.)

President Street

The Chair thanks you especially for the latter. So the ayes are 13, the nays are 2. A majority of all members of Council having voted in the affirmative, the resolution is adopted. The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Mr. President, I offer two bills.

President Street

The clerk will please read the titles of the bills.

Chief Clerk Hauser

An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 187 by striking from the 12/17/98 STATED - Introduction of Bills, Resolutions City Plan and vacating the legally open portions of Belgrade Street from Butler Street to Wheatsheaf Lane. And 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 situate, in an area generally bounded by Casper, Carbon, Ontario, and Tioga Streets.

President Street

These bills will be referred to the appropriate committee. The Chair recognizes Councilwoman Verna.

Councilwoman Verna

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

President Street

The Chair thanks the Councilwoman. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Mr. President. I offer one resolution.

Chief Clerk Hauser

The clerk will 12/17/98 STATED - Introduction of Bills, Resolutions please read the title of the resolution.

Chief Clerk Hauser

A resolution honoring Irving Fryar of the Philadelphia Eagles for his outstanding work ethic and leadership, both on the gridiron and in our neighborhoods.

President Street

The Chair recognizes Councilman Kenney.

Councilman Kenney

I move the adoption of the bill. (Duly seconded.)

President Street

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 Miller.

Councilwoman Miller

Thank you, Mr. President. I offer no bills or resolutions today.

President Street

The Chair thanks the Councilwoman. The Chair recognizes Councilman Nutter.

Councilman Nutter

Mr. President, I offer one resolution today. 12/17/98 STATED - Introduction of Bills, Resolutions

President Street

The clerk will please read the title of the resolution.

Chief Clerk Hauser

A resolution authorizing the commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for property situate in the 4th Ward of the City of Philadelphia.

President Street

The Chair recognizes Councilman Nutter.

Councilman Nutter

Mr. President, I move the adoption of the resolution. (Duly seconded.)

President Street

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 Tasco.

Councilwoman Tasco

Mr. President, I offer one resolution.

President Street

The clerk will please read the title of the resolution. 12/17/98 STATED - Introduction of Bills, Resolutions

Chief Clerk Hauser

A resolution declaring March as "Save Your Vision Month."

President Street

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Mr. President, I move the adoption the resolution. (Duly seconded.)

President Street

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.

Councilman Ortiz

Mr. President, I have one resolution.

President Street

The clerk will please read the title of the resolution.

Chief Clerk Hauser

A resolution authorizing the Council Committee on Law and Government to conduct a full and comprehensive investigation into the reasons for the City's noncompliance with Ordinance 1993 approved December 28, 1983 calling for the establishment of public access cable television managed by a 12/17/98 STATED - Introduction of Bills, Resolutions broadly governed nonprofit corporation and to determine and report to the Council on all steps needed to bring about implementation of the ordinance and its goal at the present time.

President Street

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Mr. President, I move that, one, I want to strike the last "whereas" in the resolution, but I move for the adoption of the resolution without that last "whereas."

President Street

Well, this is a little unusual. Would you like to move to amend the resolution by deleting whatever part you don't want to be considered?

Councilman Ortiz

The last "whereas," that's it. Yes, sir.

President Street

Is there a second? (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. Then that portion of the amendment is deleted. 12/17/98 STATED - Introduction of Bills, Resolutions The Chair recognizes Councilman O'Neill for a motion on the amended resolution.

Councilman Ortiz

You mean Ortiz.

President Street

I mean Ortiz. (Laughter.)

President Street

Who did I say?

Councilman Ortiz

I am from the gorgeous island of Puerto Rico. That's what -

President Street

Did I say "Cohen"? Who did I say?

Councilman Ortiz

O'Neill.

President Street

Oh, okay.

Councilman Ortiz

Thank you, Mr. President. I move the adoption of the resolution.

Councilman O'Neill

I move it also. (Duly seconded.)

President Street

All those in favor, let it be known by saying --. Do you want to speak on the resolution? The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Mr. President, in 1981, a friend of mine, Councilman John Anderson, came to me and with other groups and said that he 12/17/98 STATED - Introduction of Bills, Resolutions was beginning to start a movement for public access television in the City of Philadelphia when and if cable television came into function. And he started that movement and he introduced a bill for public access TV. That bill was passed, but it had never been implemented. Other cities in the Commonwealth of Pennsylvania have public access which is available to the citizens, it's available to the public, it's available to politicians for them to be able to reach any time the rest of the citizens of the City of Philadelphia. Reading, Lancaster, all of them have a public access corporation. Since 1983, we passed the bill, we passed the resolution to name the board of directors and incorporate it, and that has not happened. All that we're saying is that it's about time that we do join the other cities not only of Pennsylvania but of Maryland and Delaware and New York City with our own public access corporation and the availability of cable TV to the citizen of Philadelphia. Thank you many. 12/17/98 STATED - Introduction of Bills, Resolutions

President Street

Thank you very much. (Applause.)

President Street

The Chair recognizes Councilman Cohen.

Councilman Cohen

Mr. President, I was one of the Councilmembers that were present and vigorously supported the bill, as did practically everyone in the class of 1980 that entered the City Council at that time, about half of the current members in City Council. This is a bill which costs the City nothing. Since cable TV came into the City of Philadelphia, the City has been collecting a fee from every cable television company, a fee of -which is supposed to go directly to the cost of this public access. What's happened to that 15 years of money, I have no knowledge; it's never been reported. But what does exist is a total absence of public access. I urge my colleagues to vote in support of this resolution. It's an area where Philadelphia has been far, far behind. We ought not to be, we ought to have a forum wherein citizens and elected officials can discuss issues 12/17/98 STATED - Introduction of Bills, Resolutions in a way that you cannot do in media or in commercial television. Thank you, Mr. President.

President Street

Thank you very much. (Applause.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. (Applause.)

President Street

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Mr. President. I offer three bills.

President Street

The clerk will please read the titles of the bills.

Chief Clerk Hauser

An ordinance granting permission to 1356 Corporation, trading as Nifty Fifty, located at 1356 East Passyunk, Philadelphia, to operate and maintain an open-air sidewalk cafe on the east footway of South 10th Street. And an ordinance granting permission to 12/17/98 STATED - Introduction of Bills, Resolutions Pennsylvania Hospital, 800 Spruce Street, Philadelphia, to construct, use, and maintain conduit with fiber optic cables and fire-alarm cables under and across Perth Street, between Manning Street and Locust Street. And an ordinance amending Chapter 19-1400 of The Philadelphia Code entitled "Realty Transfer Tax" by reducing the rate of tax, under certain terms and conditions.

President Street

These bills will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Mr. President, I offer one bill.

President Street

The clerk will please read the title of the bill.

Chief Clerk Hauser

An ordinance amending the Retirement System Ordinance approved December 3, 1956, as amended, by adding a new subsection 221.6; and amending the Municipal Retirement Benefit Plan 1987 Ordinance, which became effective January 8, 1987, as amended, by adding a new section 119(c.)(.2), in the case of 12/17/98 STATED - Introduction of Bills, Resolutions both ordinances, to allow City employees who are laid off in 1978 and 1980 and later reinstated to purchase service time credit for the layoff period in the same manner as these ordinances already permit fire and police employees to purchase such credit.

President Street

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

Councilman Mariano

Mr. President, I have no bills or resolutions.

President Street

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

Councilman Rizzo

No bills or resolutions, Mr. President.

President Street

The Chair thanks Councilman Rizzo.

President Street

The next order of business is reports from committees. The Chair recognizes Councilwoman Verna for the report of the Council Committee of the 12/17/98 STATED - Reports from Committees Whole.

Councilwoman Verna

Thank you, Mr. President. The Committee of the Whole reports one bill out of the committee with a favorable recommendation.

President Street

The clerk will please read the report.

Chief Clerk Hauser

To the President and Members of the Council of the City of Philadelphia, the Council Committee of the Whole, to which was referred -Bill No. 980845, an ordinance creating the Pavilion Market East Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development ("PAID") for the redevelopment of the Pavilion Market East Tax Increment Financing District, being the area generally bounded by Ninth Street on the west, Market Street on the north, Chestnut Street on the south, and Eighth Street on the east, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the act of July 11, 1990, P.L. 465, No. 113, as amended; and 12/17/98 STATED - Reports from Committees authorizing the Director of Finance and other officers of the City to execute documents and do all things necessary to carry out the intent of this ordinance -Respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.

President Street

The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Mr. President, I move that the rules of Council be suspended so as to permit first reading of Bill No. 980845. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. Then this bill will be added to our first-reading calendar today.

President Street

The next order of business is consideration of the calendar. The chief clerk will read the bills on the first-reading calendar.

Chief Clerk Hauser

Bill No. 980799, 12/17/98 STATED - Consideration of First-Reading Calendar an ordinance creating the West Philadelphia Retail Tax Increment Financing District and approving the Project Plan of the Philadelphia Authority for Industrial Development ("PAID") for the redevelopment of the West Philadelphia Retail Tax Increment Financing District, being the area generally bounded by 52nd Street on the west, Jefferson Street on the north, the West Parkside Industrial Park on the east, and the Amtrak right-of-way on the south; and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the Act of July 11, 1990, P.L. 465, No. 113, as amended; and authorizing the Director of Finance and other officers of the City to execute documents and do all things necessary to carry out the intent of this ordinance.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980845 Bill No. 980845, an ordinance creating the Pavilion Market East Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development ("PAID") for the redevelopment of the Pavilion 12/17/98 STATED - Second Reading - Bill No. 980788-A Market East Tax Increment Financing District, being the area generally bounded by Ninth Street on the west, Market Street on the north, Chestnut Street on the south, and Eighth Street on the east, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act. . .

President Street

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 on our second- and final-reading passage calendar. The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Mr. President, all bills on the second-reading and final-passage calendar are being called for consideration, with the exception of Bill No.'s 960633, 960629, 970272, 980227, 980464, 980239, 980716, 980549, and 980705.

President Street

The Chair thanks Councilwoman Verna. The first bill for consideration will Bill No. 980788-A. The clerk will please read the 12/17/98 STATED - Second Reading - Bill No. 980788-A title of the bill.

Chief Clerk Hauser

An ordinance amending title 19 of The Philadelphia Code, entitled "Finances, Taxes and Collections," by adding a new Chapter 19-3200, entitled "Keystone Opportunity Zone," to provide for the contingent exemption abatement or credit of certain taxes within a specified geographical area designated within this new chapter, under certain terms and conditions.

President Street

This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.

Chief Clerk Hauser

Councilwoman Blackwell?

Councilwoman Blackwell

Aye.

Chief Clerk Hauser

Councilwoman Clark?

Councilwoman Clark

Aye.

Chief Clerk Hauser

Councilman Cohen?

Councilman Cohen

Aye.

Chief Clerk Hauser

Councilman DiCicco? 12/17/98 STATED - Second Reading - Bill No. 980788-A

Councilman Dicicco

Aye.

Chief Clerk Hauser

Councilman Kenney?

Councilman Kenney

Aye.