COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, 9/13/01 10:15 a.m. Room 400, City Hall Philadelphia, PA PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, Deputy Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 9/13/01 STATED - GREETING/INVOCATION
I note that the hour has come and that a quorum of this Council is present. Members will take their seats, visitors will retire to the seats outside the rails. Before commencing our business this morning, I would ask all my fellow members of Council to join me in lighting candles in memory of the victims of the recent act of terrorism and to symbolize our support of their families. Can we please light the candles now. (Councilmembers light candles.)
To give our invocation this morning, the Chair welcomes the Reverend John M. Holleran, Pastor of our Incarnation of the Lord Church. He is here today as a guest Councilman Rizzo. All members and guests will please rise.
Lord, God, we come before You this morning to ask for blessing on our city's government and on her leaders. But, Lord, what is on all of our minds is 9/13/01 STATED - GREETING/INVOCATION far more pressing this morning. Lord, we are numb from the events of the past days. All we can do is come before You and beg Your blessing on so many people who need it. We ask You first to bless abundantly the victims who experienced the acts of terrorism in New York and in Washington and in Pennsylvania. We ask You in a special way to bless their families and their loved ones. Give them the grace to know that You accompany them, that You walk with them, that when they search the hospitals, that You are there searching with them. Help them to know that as they wait for telephone calls, You are seated on the sofa in their living room with them. Give them the grace and the knowledge that You walk with them through this experience. We ask your blessing on the rescue workers whom You seem to have given such super human stamina. Bless them, the police, the firemen, all of the rescue workers involved in this tragedy. We ask You in a special way Your blessing on our leaders, especially our national leaders. Give them a right judgment in all things and make them truly wise as they make decisions on behalf of 9/13/01 STATED - GREETING/INVOCATION the rest of us. And for ourselves, we ask a blessing as well. Lord, we ask You, do not allow to us forget what we might rather forget, and that is, Lord, please help us to remember that anger in these circumstances is appropriate but hatred poisons us and makes us like our perpetrators. Help us to understand the distinction. And, Lord, one of the things that we have seen in these past days in Washington and in New York is that it does not matter if we are black or white or Hispanic or Asian, male or female, young or old. In this tragedy, we are just Americans. As we begin to emerge from this national nightmare, please, Lord, help us retain that understanding. Make us one through this experience and keep us one as we emerge from it in the weeks and months and years to come. We ask Your blessing on us, because without You, we will not be able to emerge from this. We thank You, we ask You to be with us. We know that You will Amen.
The Chair thanks 9/13/01 STATED - GREETING/INVOCATION Father Holleran for his very inspiring and touching invocation Council will be at ease. (Council stands at ease.) (Proceedings resume.)
I would ask everyone to again stand, please. Councilman DiCicco would lead us in the Pledge of Allegiance.
Thank you. (Councilman DiCicco leads Councilmembers and audience in recital of "The Pledge of Allegiance.)
The next order of business is approval of the Journal of the Thursday, September 6, 2001. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that we approve the Journal of the meeting of Thursday, September 6, 2001. (Duly seconded.)
It has been JOURNAL APPROVAL/LEAVES OF ABSENCE REQUESTS moved and properly seconded that the Journal of the meeting of Thursday September 6, 2001 stand approved All in favor will signify by saying aye. Those opposed? The ayes have it and the Journal of Thursday, September 6, 2001 is approved.
The next order of business is requests for leaves of absence and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning, there are no requests for leaves of absence on the part of the majority
Thank you the Chair recognizes Councilman O'Neill.
On behalf of the Republicans, there are no requests for leaves of absence
Councilman O'Neill, I did leave a resolution for your introduction.
Thank you, Madam President. INTRODUCTION OF BILLS, RESOLUTIONS
The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers this morning. On behalf of all members of City Council, I welcome you to our session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again.
The next order of business is communications The Chair requests that the Sergeant-At-Arms deliver the message from the Mayor to the clerk. The clerk will please read the messages.
The next order of business is introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion. INTRODUCTION OF BILLS, RESOLUTIONS
Thank you, Madam Chair. I move that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of their introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended in order to consider immediate consideration of resolutions at the time of their introduction. All in favor of the motion will signify by saying aye. Those opposed? The ayes have it and the motion carries The Chair recognizes Councilman Kenney.
The Chair thanks the gentleman The Chair recognizes Councilwoman Blackwell.
Madam President, this morning, I have one resolution on your behalf.
The clerk will INTRODUCTION OF BILLS, RESOLUTIONS please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 36th and 51st Wards of the City of Philadelphia
Madam President, I move the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilwoman Krajewski.
Thank you The Chair recognizes Councilman Mariano. INTRODUCTION OF BILLS, RESOLUTIONS
Thank you the Chair recognizes Councilwoman Miller.
The clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 11th, 12th, and 43rd Wards of the City of Philadelphia
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be INTRODUCTION OF BILLS, RESOLUTIONS adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Nutter
Thank you, Madam President. I offer one bill and one resolution.
The clerk will The clerk will please read the title of the bill.
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-100, entitled, "General Provisions," by amending 14-102, entitled "Definitions," and by amending Chapter 14-300, entitled "Commercial Districts," by amending Chapter 14-303, entitled "C-2 Commercial District," all under certain terms and conditions
The bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution authorizing the INTRODUCTION OF BILLS, RESOLUTIONS Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 34th and 38th Wards of the City.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions today.
Thank you the Chair recognizes Councilman Goode.
Thank you, Madam INTRODUCTION OF BILLS, RESOLUTIONS President. I have three bills and one resolution.
The clerk will please read the title of the first bill.
An ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes," by establishing a pilot program under which a credit against business privilege taxes will be given to certain businesses that contribute monies to community development corporations undertaking economic development activities within the City of Philadelphia, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Years 2002 from the General Fund - The Director of Finance Provision for Other Grants to the General Fund, certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 16-400 of the Philadelphia Code, entitled INTRODUCTION OF BILLS, RESOLUTIONS Vacant and Surplus Properties," by amending Section 16-404, entitled "The Vacant Property Review Committee," by adding a subsection of the Philadelphia Association of Community Development Corporations.
This bill will also be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution calling upon the Philadelphia Community Investment Commission to establish community reinvestment agreements with banks and other financial institutions entering the Philadelphia market through mergers with or acquisitions of local banks to better service all of their customers after consolidation
It has been moved and properly seconded that the resolution be adopted. INTRODUCTION OF BILLS, RESOLUTIONS All in favor will say aye. Those opposed? The ayes have it and the resolution has been adopted The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer one bill and two resolutions.
The clerk will please read the title of the bill.
An ordinance amending Section 4 of an ordinance (Bill No. 000183), an ordinance authorizing Gino DeJessie, owner of the property 1824 East Passyunk Avenue, Philadelphia, to construct and maintain various encroachments onto and over the east footway of 13th Street and on the north footway of Passyunk Avenue adjacent to the property 1824 East Passyunk Avenue, all under certain terms and conditions by extending the period for compliance with the authorization conditions therein.
The bill will be referred to the appropriate committee. The clerk will please read the title of the first resolution. INTRODUCTION OF BILLS, RESOLUTIONS
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in 18th and 31st Wards of the City of Philadelphia
It has been moved and properly seconded that the resolution be adopted All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution has been adopted. The clerk will read the title of the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and INTRODUCTION OF BILLS, RESOLUTIONS deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 5th Ward of the City
I move for the adoption of the resolution (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Council President and myself, I offer one resolution.
The clerk will please read the title of the resolution.
A resolution honoring Les Yost. INTRODUCTION OF BILLS, RESOLUTIONS
Madam President, I move the adoption of the resolution (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one resolution today.
The clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 15th, 29th, 32nd, and 47th Wards of the City of Philadelphia
The Chair recognizes Councilman Clarke. INTRODUCTION OF BILLS, RESOLUTIONS
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Longstreth.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you The Chair recognizes Councilman Ortiz.
Madam President, I have no bills or resolutions today. INTRODUCTION OF BILLS, RESOLUTIONS
The next order of business is reports from committees. The Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out two bills and one resolution with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee of the Whole, to which was referred Bill No. 010523, an ordinance amending Chapter 2500 of the Philadelphia Code, entitled "Councilmatic Districts," by revising the boundaries of the Councilmatic districts under certain terms and conditions; And Bill No. 010527, an ordinance providing submission to the qualified electors of the City of Philadelphia of an amendment to the Educational Supplement to the Home Rule Charter REPORTS FROM COMMITTEES which would establish a process which would authorize the privatization of the administration, operation, and management of the School District, as approved by resolution of the City Council, fixing the date of a special election for such purpose, prescribing the form of ballot to be voted on, and authorizing the appropriate officers to publish notice and to make arrangements for the special election; And Resolution 010532, a resolution proposing an amendment to the Educational Supplement to the Home Rule Charter which would establish process which would authorize the privatization of the administration, operation, and management of the School District, and providing for the submission of the amendment to the electors of Philadelphia... respectfully reports it has considered and amended the same and returns the attached bills and resolution to Council with a favorable recommendation.
The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be REPORTS FROM COMMITTEES suspended so as to permit first reading this day of Bill No.'s 010523 and 010527. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended in order to permit first reading of Bill No.'s 010523 and 010527. All in favor will signify by saying aye. Those opposed? The ayes have it and Bill No.'s 010523 and 010527 will be placed on today's first-reading calendar. The Chair recognizes Councilwoman Blackwell for a motion on Resolution No. 010532.
Madam President, I move that resolution 010532 be approved (Duly seconded.)
It has been moved and properly seconded that Resolution 010532 be adopted. Since this resolution proposes an amendment to the School District Charter approval for the District, approval by two-thirds of Councilmembers is required. Therefore, I am ask that we have a roll call vote. REPORTS FROM COMMITTEES The clerk will please call the roll.
Councilman Cohen? (Councilman Cohen not present at this time.)
Aye. The ayes are 16, the nays are 0. A two-thirds majority of all members of Council having voted aye, Resolution No. 010532 is adopted.
The next order of business is consideration of the calendar. The clerk will please read Bill No. 000657 on our first-reading calendar for today
An ordinance amending Chapter of the Philadelphia Code entitled "Posting of Temporary Signs" by amending Section 10-1202 to prohibit the placement of temporary signs and FIRST-READING CALENDAR political campaign posters upon public utility poles, street lights, and various other fixtures without the owner's permission, subject to certain terms and conditions.
And Bill No. 010269, an ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by requiring any establishment that sells alcoholic beverages for consumption on or off the premises to install, maintain, and use electronic equipment that scans for identification cards and displays the age of that person as indicated on the card, all under certain terms and conditions.
And Bill No. 010274, an ordinance amending Title 4 of the Philadelphia Code by amending Section B 3302.0, entitled "Construction Documents and Special Permits," by adding provisions for the dumping of waste materials, all under certain terms and conditions. FIRST-READING CALENDAR
And Bill No. 010369, an ordinance amending Section PM-309.0 of the Philadelphia Code, entitled "Emergency Nuisance Abatement Program," by amending the designated area in which properties must be located in order to be eligible for participation in the Emergency Nuisance Abatement Program, under certain terms and conditions.
And Bill No. 010523, an ordinance amending Chapter 2500 of the Philadelphia Code, entitled "Councilmatic Districts," by revising the boundaries of the Councilmatic districts, under certain terms and conditions
And Bill No. 010527, an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Education Supplement to the Philadelphia Home Rule Charter which would establish FIRST-READING CALENDAR a process which would authorize the privatization of the administration, operation, and management of the School District, as approved by resolution of the City Council, fixing the date of a special election for such purposes, proscribing the form of ballot question to be voted on, and authorizing the appropriate officers to publish notice and to make arrangements for the special election.
The Chair agrees. The bills read by the clerk will be placed on the second-reading and final-passage calendar for the next meeting. Councilman O'Neill, are you going to be asking that 010368 be considered today or are you going to ask that that be held?
The Chair recognizes Councilwoman Blackwell for the purpose of SECOND-READING CALENDAR calling up bills on the second-reading and final-passage calendar.
Thank you, Madam President. Today Bill No. 010397 and 010372 are being called up for second reading and final passage. All other bills are being head.
The Chair thanks you. The clerk will please read the title of Bill No. 010398.
An ordinance authorizing the SAS-1600 Arch Street, owner of the property 1600 Arch Street, Philadelphia, to construct, own, and maintain underground conduit, various pedestrian light poles with attached flood light fixtures and various ground light fixtures in and on the south footway of Arch Street, the west footway of 16th Street, and the north footway Cuthbert Street, adjacent to the building 1600 Arch Street, all under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all members having voted in the affirmative, the bill passes The next bill to be called for consideration is Bill No. 010372
An ordinance amending Chapter 19-3200 of the Philadelphia Code, entitled "Keystone Opportunity Zone," by extending the time period for exemptions, abatements, or credits from certain taxes, under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? the clerk will please call the roll.