Stated Meeting, March 18, 2004

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 18, 2004 10:35 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670

Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning -All cell phones must be turned off, please. To give our invocation this morning, the Chair welcomes the Reverend Gary Pacitti of the Annunciation Blessed Virgin Mary Church. He is here today as the guest of Councilman DiCicco. At this time, I would ask that all members and guests to please rise.

Good morning. Let us pray. Almighty God, as we gather today to begin this new Session of City Council, we ask your help and guidance. We thank you for the many blessings that we enjoy; the blessings of our great nation, the blessing of the freedom that allows us to assemble here today, and the blessing of our beloved City of Philadelphia, the blessing of our families. Lord, as we begin, we remember with sadness the lives of our children recently lost to violence. We pray for their families and all those touched by their loss. We pray that you pour out your grace on this Council and on our entire community and help us to find ways to create safer neighborhoods where our children can grow up in peace, neighborhoods free of drugs and free violence and full of renewed spirit of brotherly love, the legacy of our proud name. In the face of many harsh challenges, help us to have high dreams and high aspirations, dreams and aspirations that move us to create better realities in our schools, in our local economy, in our neighborhoods, and in our homes. Bless the work of this Council with a spirit of understanding of unity, of utility, and of wisdom. We pray that you help labor together to create the means whereby we, the collective community of Philadelphia, can exercise our freedoms to become the best version of ourselves and to live in prosperity and peace. Amen.

The Chair thanks Father for his very inspiring invocation. Council will be at ease. (Council at ease.)

The next order of business is the approval of the Journal of the Meeting of Thursday March 11, 2004. And the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Journal of the Meeting of Thursday, March 11, 2004 stand approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the Meeting of Thursday, March 11, 2004 stand approved. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The motion carries, and the Journal of the Meeting of Thursday March 11, 2004, is adopted. The next order of business is requests for leaves of absence. And again, the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.

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

Madam President, on behalf of the Republicans, there leave of absence.

The Chair thanks the gentleman. 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 Councilmembers, I welcome you to our Council 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. As has been our practice over the years, we have many distinguished visitors with us today, including elected officials, heads of departments, boards and commissions, and many representatives of the Administration. Although I would like to individually acknowledge each of you, owing to the constraints of time, I am unable to do so. Please know that we deeply appreciate your being with us. We extend our warm welcome and we offer our thanks for all the good work that you do. time, I ask that all of our distinguish guests, elected officials, and representatives of the Administration please stand so that we may acknowledge them with a round of applause. Would you all please stand. (Applause.)

Thank you. The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Chief Clerk will please read the messages from the Mayor. THE

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 resolution providing for the approval by the Council of the City of Philadelphia of revised five-year financial plan for the City of Philadelphia covering Fiscal Years 2005 through 2009 and respect to Fiscal Year 2004. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Pennsport Urban Renewal Area. And an ordinance adopting an Operating Budget for Fiscal Year 2005. And an ordinance to adopt a Capital Program for six Fiscal Years 2005 to 2010, inclusive. And an ordinance to adopt a Fiscal 2005 Capital Budget. And an ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization" by amending Section 19-1804 titled "Authorization of Net Income Tax." And an ordinance amending Chapter 19-1500 of the Philadelphia Code entitled "Wage and Net Profits Tax." And an ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization." And an ordinance amending Section 19-1801 of The Philadelphia Code entitled "Authorization of Tax." And an ordinance amending Chapter 19-1200 of The Philadelphia Code entitled "Parking Tax" by establishing a right of taxation on parking transactions for Fiscal Year 2005.

Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE

That's all I have, Madam President.

Thank you. The next order of business is the introduction of bills and resolutions. The Chair again recognizes Councilwoman Blackwell for a motion.

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit consideration of resolutions at their time of introduction. (Duly seconded.)

It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of THE motion will please indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I offer one resolution.

The Clerk will please read the title of the resolution. THE

A resolution honoring Frank Manna on the occasion of his retirement and commending him for 41 years of commitment to public service to the City of Philadelphia.

Thank you. The Chair again recognizes Councilman Kenney.

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

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. This morning, I introduce eight budget bills, three bills on my behalf and three resolutions.

Thank you. The Clerk will please read the title of the bills. THE

An ordinance adopting the Operating Budget for Fiscal Year 2005.

The bill will be referred to the appropriate committee. THE

And an ordinance amending Chapter 19-1200 of the Philadelphia Code entitled "Parking Tax" by establishing a rate of taxation on parking transactions for Fiscal Year 2005.

This bill will be referred to the appropriate committee. THE

And an ordinance to adopt a Capital Program for six Fiscal Years 2005 to 2010, inclusive.

The bill will be referred to the appropriate committee. THE

And an ordinance to adopt a Fiscal 2005 Capital Budget.

The bill will be referred to the appropriate committee. THE

And an ordinance amending Section 19-1801 of The Philadelphia Code entitled "Authorization of Tax to" to further authorize the Board of Education, School District of Philadelphia, to impose a tax on real estate within the City of Philadelphia.

This will be referred to the appropriate committee. THE

And an ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization."

The bill will be referred to the appropriate committee. THE

And an ordinance amending Chapter 19-1500 of The Philadelphia Code entitled "Wage and Net Profits Tax."

This bill will be referred to the appropriate committee. THE

And an ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization."

The bill will be referred to the appropriate committee. THE

And an ordinance amending the Philadelphia Code by enacted a new Chapter 17-1200 entitled "Visitability" by requiring newly constructed single and multi-family dwellings to be constructed according to establish design principles, all under certain terms and conditions.

The bill will be referred to the appropriate committee. (Applause.) THE

And an ordinance authorizing the Depart of Veterans Affairs to construct and maintain a pedestrian bridge over and across University Avenue between Curie Boulevard and Civic Center Boulevard.

This bill will be referred to the appropriate committee. THE

And an ordinance authorizing the revision of lines grades on City Plan No. 42 by striking from the City Plan abandoning certain right-of-way for municipal and public utility purposes.

The bill will be referred to the appropriate committee. THE

And a resolution calling on City Council's Housing Neighborhood Development and Homeless Committee to hold hearings on the redevelopment of the 4600 block of Sansom Street between 46th Street and Farragut Street and the 100 block of 46th Street between Chestnut and Walnut Street.

The Chair recognizes Councilwoman Blackwell.

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 in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution will be referred to Housing Neighborhood Development and Homeless.

Madam President. I also just received another resolution for which I request consideration.

The Clerk will please read the title of the resolution. THE

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 44th and 46th Wards of City of Philadelphia.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. THE

A resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Grays Ferry Urban Renewal Area.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. THE

And a resolution providing for the approval by the Council of the City of Philadelphia of a revised five year financial plan for the City of Philadelphia covering Fiscal Years 2005 through 2009.

This resolution will be referred to the appropriate committee. The Chair recognizes Councilman Cohen.

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

The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.

Madam Chair, I have one bill.

The Clerk will please read the title of the bill. THE

An ordinance amending Section 2 of an ordinance, Bill No. 020716 approved January 23, 2003, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 197 by striking from the City Plan and vacating Wensley Street from the southeasterly line of the Delaware Expressway.

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

Madam President, I have no bills or resolutions.

Thank you. The Chair recognizes Councilwoman Tasco.

Madam President, I offer three resolutions.

Thank you. The Clerk will please read the title of the first resolution. THE

A resolution authorizing the Committee on Public Health and Human Services to hold hearings to investigate the desirability and feasibility of providing access to affordable prescription drugs from Canada and other industrialized countries to active and retired City employees and to residents of Philadelphia through the City's district health centers.

The Chair recognizes Councilwoman Tasco.

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

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution will be referred to the Committee on Public Health and Human Services. The Clerk will please read the title of the second resolution. THE

A resolution urging President Bush and Members of the united Congress to cease and desist all efforts to pass Senate Joint Resolution 26 and House Joint Resolution 56 proposing an amendment to the Constitution of the United States relating to marriage.

The Chair recognizes Councilwoman Tasco.

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

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the next resolution. THE

A resolution authorizing the City Council Committee on Public Safety and Technology and Information Services to hold hearings to investigate the desirability and feasibility of implementing a 311 system to handle all non-emergency calls to City agencies.

Thank you. The Chair recognizes Councilwoman Tasco.

I move for the adoption of the resolution. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The resolution has will be referred to the Committee for which it was referred. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I offer two resolutions.

The Clerk will please read the title of the first resolution. THE

A resolution recognizing and honoring Simon Gratz High School Bulldogs as to 2003-2004 Public League PIAA Division 12 Boys Basketball Champions.

The Chair recognizes Councilwoman Miller.

I move for the adoption of the resolution. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Clerk will please read the title of the second resolution. THE

A resolution recognizing and honoring the Central High School Lady Lancers on winning the Philadelphia Public League Title Championship.

The Chair again recognizes Councilwoman Miller.

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Nutter.

Thank you, Madam President. I offer three bills and five resolutions.

The Clerk will please read the title of the first bill. THE

An ordinance proving for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter relating to the creation, appointment powers and duties of a board of ethics as approved by resolution of City Council.

This bill will be referred to the appropriate committee. THE

And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a resolution approved by Council proposing amendment of the Philadelphia Home Rule Charter relating to Council approval of leases, contracts, and concessions to which the City is a party and Council's power to provide by ordinance for certain disclosures by persons seeking or awarded such contracts.

The bill will be referred to the appropriate committee. THE

And an ordinance amending Title 22 of The Philadelphia Code entitled "Public Employees Retirement Code" by amending Section 22-310 entitled "Deferred Retirement Option Plan" by prohibiting certain elected officials from participating in the Deferred Retirement Option Plan.

This bill will be referred to the appropriate committee. The Clerk will please read the tied many of the first resolution. THE

A resolution celebrating Barbershop Talk Human Family Day.

The Chair recognizes Councilman Nutter.

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 in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The resolution has been adopted. The Clerk will please read the title of the next resolution. THE

A resolution authorizing Council's Committee on Law and Government to investigate the process by which the City awards professional service contracts and other contracts that are not subject to the competitive bidding requirements of the Philadelphia Home Rule Charter.

The Chair again recognizes Councilman Nutter.

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 in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution will be referred to the Committee on Law and Government. The Clerk will please read the title of the next resolution. THE

A resolution proposing and amending the Philadelphia Home Rule Charter relating to Council approvals of leases contracts and concessions to which the City is a party and Council's power to provide by ordinance for certain disclosure by persons seeking or awarding such contracts and providing for the submission of the amendment of the electors of Philadelphia.

This resolution will be referred to the appropriate committee. THE

And a resolution repealing Resolution No. 040001, adopted January 5, 2004, which provided Rules for the government of the Council of the City of Philadelphia and adopting new rules for the government of the Council.

This resolution will be referred to the appropriate committee. THE

And a resolution proposing an amendment to the Philadelphia Home Rule Charter to provide for the creation, appointment powers, and duties of a Board of Ethics and providing for the submission of the amendment to the electors of Philadelphia.

Councilman, is this to be referred to the Rules Committee?

No, Madam President. That's a Charter-related resolution. It goes to the Committee on Law and Government.

Very well. So this will just be referred to the appropriate Committee. Thank you.

Thank you, Madam President.

The Chair recognizes Councilwoman Brown.

Thank you, Madam President, I offer no bills or resolutions this morning.

The Chair recognizes Councilman Goode.

Thank you, Madam President. I offer one bill co-introduced by Councilman Ramos.

Thank you. The Clerk will please read the title of the bill. THE

An ordinance amending Chapter 19-2604 of the Philadelphia Code entitled "Tax Rates Credits and Alternative Tax Computation," by making a job creation tax credit available to certain businesses that create new jobs for ex-offenders in the City of Philadelphia, all under certain terms and conditions.

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

Madam President, I offer no bills or resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I offer two resolutions.

The Clerk will please read the title of the first resolution. THE

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 31st Ward of the City of Philadelphia.

The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Clerk will please read the second resolution. THE

A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion Pennsport Urban Renewal Area.

The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The resolution has been adopted. The Chair recognizes Councilman O'Neill.

Madam President, I have no bills or resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.

Thank you, Madam President. I have one bill and nine resolutions.

The Clerk will please read the title of the bill. THE

An ordinance amending Section 9-205 and 9-206 of the Philadelphia Code related to sidewalk sales and sidewalk vendors in neighborhood business districts by adding a designated neighborhood business district on Germantown Avenue between York and Butler Street.

The bill will be referred to the appropriate committee. THE

And a resolution honoring the Temple University Women's Basketball Team on winning the 2004 Atlantic 10 Women's Basketball Championship.

The Chair recognizes Councilman Clarke.

I move for the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Clerk will please read the next resolution. THE

A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of New Kensington/Fishtown Urban Renewal Area designated as Parcel No. 75.

The Chair recognizes Councilman Clarke.

Move for the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. THE

And a resolution for the redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area designated as Parcel No. 62.

The Chair recognizes Councilman Clarke.

I move for the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. THE

And a resolution for the redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area designated as Parcel No. 47.

The Chair again recognizes Councilman Clarke.

Move for the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. THE