COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, October 24, 2002 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN WILSON W. 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, CHIEF CLERK VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. The Council will come to order. Members will please take their seats. To give our invocation this morning, the Chair welcomes Father Joseph Cummins from St. Vincent dePaul Roman Catholic Church. He is here today as the guest of Councilman Ortiz. Members and guests will please rise.
May I ask you all to take a deep mental breath for just a second to place ourselves in God's presence, God whom all of us needs so much. In the name of the Father and of the Son and of the Holy Spirit, amen. Gracious God, we live in a world in need of peace. We live in a City filled with needy people, people who need jobs and healthcare, education and child care, people who need housing, people with immigration problems. Lord, the men and women gathered before you this morning have been elected to address these needs and they need you, Lord. They can be pulled at from many directions and subject to many pressures. They need your compassion. They need your light. They need your creativity. Look upon them with love. Open their hearts that they may fill these needs as if they were their own. Open their minds that they may search for solutions in good faith. Help them to listen, Lord. Help them to listen to the needs of the people of the City. Help them to listen to their own consciences. Help them to listen to each other without the filters of ambition or political gain. Bless these men and women with vision, creativity, and integrity that they may do the job that you want them to do. Lord, let there be in this hall but one purpose: To make our City a good place to live for all its citizens and especially the most needy. We make this prayer through Jesus Christ, your son and our Lord, amen.
The Chair thanks Father Cummins 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 October 17, 2002. And the Chair recognizes Councilwoman Tasco.
Madam President, I move that the Journal of October 17th stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday October, 17, 2002, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries. The Journal of the meeting of Thursday, October 17, 2002, is approved. The next order of business is requests for leaves of absence. And the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Madam President, a leave of absence is 10/24/02 - STATED - LEAVES, WELCOME requested today for Councilwoman Blackwell.
The Chair thanks the Councilwoman. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, at this time there are no requests for leaves 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 Members of City Council, 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. Today, I am very pleased to welcome a group of elected and appointed officials who are here under the auspices of the International Visitors Council. These men and women will be traveling the country observing state and local governments, and we hope that they will return home with knowledge of how our democracy works. Nancy Gillboy (ph) from the International Visitors Council. I ask that all guests rise so we can officially welcome you. Would you please stand? (Applause.)
We certainly hope that you will enjoy your stay here in Philadelphia. And again, welcome. At this time the Chair recognizes Councilman Kenney who will present a resolution recognizing the Legacy of William Penn. Will Mr. Jay Meyers and those accompanying him please join the Councilman at the podium.
Thank you, Madam President. This is a resolution recognizing the Legacy of William Penn on the anniversary of his birth, October 24th. Whereas, Philadelphians recognize the founding by William Penn of our City, birthplace of the nation; and Whereas, William Penn extended friendship and fair dealing to the Native American Indians and established our City and State as a haven for oppressed peoples of the world to whom he liberties and high standards of justice; and Whereas, William Penn was far ahead of his time as an untiring advocate of representative government, city planning, penal reform, humane mental institutions, and public education for everyone, and one of the first statesmen to envision the unification of the American colonies; and Whereas, William Penn, through his holy experiment, introduced into our City and State a humanitarian code of law which was honored in 1751 by the casting of the Liberty Bell; and Whereas, William Penn's belief in the nonviolent settlement of disputes among individuals, states, and nations continues to guide and inspire us today. Now, therefore, resolved by the Council of the City of Philadelphia that we hereby recognize the legacy of William Penn, founder of this City and citizen of the first order on the anniversary of his birth, October 24th. Thank you. (Applause.) MS PEDEN: Good morning, Madam President. Good morning, fellow Councilpeople and ago, we formed a Society of Friends of William Penn. Over the years, many people have passed. But I'm a fighter; I'm still here. At the age of 73, I still fight for the cause of William Penn. In 1984, I lobbied the Congress of the United States to make William and Hannah Penn, his second wife, honorary citizens of United States. It was a great deal of arm-twisting because William Penn is not an international figure; he's just a local figure. But I saw my dream come true. William Penn and Hannah Callowhill Penn are the third and fourth US honorary citizens. And I'm very proud of that achievement. Thank you. (Applause.)
The Chair thanks Ms. Peden for her remarks. Council will be at ease. (Council at ease.)
Before we go on to our next order of business, I know that all of my colleagues have probably heard of the sudden passing of Vincent Costello who worked in very loyal and dedicated civil servant. I know that we're all going to miss him. And I think at this point in time it would be appropriate if we just stand for a moment of silence. (Moment of silence.)
The next order business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk.
Madam President, I wish to be excused for the rest of the Session. I want to be recorded voting aye on all bills and resolutions. The Latino Statewide Conference opens today at the Wyndham Plaza, and I'm one the hosts and I have to be there. Thank you very much.
You're welcome. The Chair recognizes Councilwoman Tasco.
Madam President, I'd like to introduce a family member from Sacramento, California. Her name is Margaret Strickland (ph) and she's accompanied by her partner Al Case (ph). Margaret has been in the criminal justice system in California for 35 years, and she's now a juvenile justice commissioner. But most importantly, for all the hard work she has done for the 35 years, she was recently recognized by the California Correction System since they instituted a Hall of Fame. They decided to come into the 21st Century and set up a Hall of Fame for those people who have done an outstanding job in the state, and Margaret was one of the first. There were two recipients, and she was one of the recipients. She is now in the Corrections Hall of Fame in California. And I'd like for her to stand. (Applause.)
The Clerk will read the messages from the Mayor.
To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on October 23, 2002, I signed the following bills that were passed by on October 10, 2002: Bill No. 020283-A and 020379. And I am submitting for your consideration a proposed ordinance entitled, an ordinance amending Title 4 of the Philadelphia Code Subcode A, the Philadelphia Administrative Code by amending Chapter 9 relating to fees assessed for certain licenses and permits and amending Title 19 of the Philadelphia Code, all under certain terms and conditions; And an ordinance amending Chapter 19-2600 of the Philadelphia Code entitled, "Business Privilege Taxes," by readopting and clarifying a pilot program under which a credit against business privilege taxes will be given to certain businesses that contribute monies to community development corporations, all under certain terms and conditions; And an ordinance amending Section 2 of an ordinance, Bill 010384, approved August 31, 2001, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 196; And an ordinance amending Section 2 of an ordinance, Bill No. 990306, approved June 24, AND RESOLUTIONS 1999, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 120; And 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 to a point approximately 183 feet.
Thank you. The messages will be printed in the Journal. The Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Tasco for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended in order to permit the immediate consideration of resolutions at the time in introduction. AND RESOLUTIONS
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.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one privileged resolution.
Thank you. The Clerk will please read the title of the resolution.
A resolution honoring the old Fort Mifflin Historical Society.
The Chair AND RESOLUTIONS 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.)
The ayes have it. The motion carries. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
The Clerk will AND RESOLUTIONS please read the title of the resolution.
A resolution honoring St. Bernard Parish on the occasion of its 75th anniversary.
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.)
The ayes have it. And the motion carries. The Chair recognizes Councilman Mariano.
Madam President, I have one resolution from myself and Councilman Clarke.
Thank you. The Clerk will please read the title of AND RESOLUTIONS the resolution.
A resolution honoring the Philadelphia 76ers on their 40th anniversary in Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the motion carries. The Chair recognizes Councilwoman Tasco.
The Clerk will please read the title of the resolution.
A resolution honoring AND RESOLUTIONS Lutheran Children and Family Services.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the resolution is adopted. The Chair recognizes Councilwoman Miller.
Good morning, Madam President. I offer one resolution.
The Clerk will please read the title of the resolution.
The Chair AND RESOLUTIONS 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 signify by saying aye. (Aye.)
The ayes have it. And the motion is carried. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill on behalf of Councilman O'Neill and myself.
The Clerk will please read the title of the bill.
An ordinance amending Section 19-1303 of the Philadelphia Code entitled, authorization to offer exception from real estate taxes on new construction of residential properties, by extending the exemption period for certain AND RESOLUTIONS existing grants of exemption, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions this morning.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have one bill on behalf of the Administration and one resolution.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Chapter 19-2600 of the Philadelphia Code entitled, "Business Privilege Taxes," by readopting and clarifying 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 AND RESOLUTIONS Philadelphia, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution.
A resolution calling upon the Street Administration to immediately implement the new jobs tax credit, legislation unanimously approved by City Council on April 18, 2002.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have AND RESOLUTIONS it. And the motion carries. The Chair recognizes Councilman DiCicco. Councilman DiCicco, do you have any bills or resolutions today?
Thank you. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. I have one bill and two resolutions.
The Clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Norris Street, Broad Street, Diamond Street, and 15th street.
The bill will be referred to the appropriate committee.
And a resolution authorizing AND RESOLUTIONS City Council's Committee on Public Safety to hold public hearings on the overall effectiveness of State-mandated ballistic fingerprinting as a tool investigating crimes committed with firearms and the cost of a ballistic fingerprinting technology system and the sharing and retention of data collected by the system.
Move for the adoption of the resolution. (Duly seconded.)
The ayes have it. And the resolution will be referred to the Committee on Public Safety. The Clerk will please read the second resolution.
A resolution urging the Pennsylvania General Assembly to enact legislation AND RESOLUTIONS requiring every manufacturer that ships, transports, or delivers a firearm to any person in the State of Pennsylvania to include in a sealed container a shell casting of a bullet or projectile discharged from such firearm, and requiring the Pennsylvania State Police to create and maintain an electronic state-wide ballistic database and requiring that the Pennsylvania State Police enter into such database information and other ballistic data relevant to identification of the shell casting and the firearms from which it was discharged.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the resolution is adopted. AND RESOLUTIONS It is my understanding that Councilman Ortiz had no bills or resolutions to introduce today. The Chair recognizes Councilman Longstreth.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
The Clerk will please read the title of the resolution.
A resolution honoring and congratulating the Crime Scene Unit of the Philadelphia Police Department upon celebrating its 50th anniversary.
I request for the adoption of this resolution. (Duly seconded.)
It has been that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the resolution is adopted. The next order of business is reports from committees. And the Chair recognizes Councilman Kenney, if he's in the room -- Councilman Kenney is here. Thank you. A report from the Committee of Rules.
Sorry, Madam President. The committee on Rules reports one bill with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 020591, entitled an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within by City Avenue, 52nd Street, Overbrook Avenue, and 54th Street, respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Madam President, I move the Rules of Council be suspended so as to permit first reading this day of Bill 020591. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 020591. All in favor will signify by saying aye. (Aye.)
The ayes have it and Bill No. 020591 will be placed on today's First Reading Calendar. The next order of business is the consideration of the Calendar. The Clerk will 10/24/02 - STATED - 2ND READING AND FINAL PASSAGE please read the bill on the First Reading Calendar.
BILL No. 020591, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by City Avenue, 52nd Street, Overbrook Avenue, and 54th Street.
The Chair agrees. The bill just read by the Clerk will be placed on the Second Reading and Final Passage Calendar for our next section. That concludes the first reading calendar. The Chair now recognizes Councilwoman Tasco for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered day.
Thank you, Madam President. All bills on the Calendar are being held with the exceptions of Bills 020410, 020413, 020429, 020430, 020433, 020464, 020465, 020466, 020467, 020468, 020479, 020487, 020488, 020494, 020494, 020552, 020553, 020554, 020555, 020556, 020557, 020558, and 020486. Bill 020412 will be amended. 10/24/02 - STATED - 2ND READING AND FINAL PASSAGE
The Chair thanks the Councilwoman. The Clerk will please read the title of Bill No. 020410.
An ordinance authorizing the Pennsylvania Academy of Fine Arts, owner of the properties 118 North Broad Street and 128 North Broad Street to maintain various encroachments under and on the west footway of Broad Street.
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.
Councilwoman Krajewski. 10/24/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called is Bill No. 10/24/02 - STATED - 2ND READING AND FINAL PASSAGE 020412.
An ordinance authorizing G2S2 Associates, owner of the property 1605-1627 Sansom Street, to construct and maintain a building encroachment on the 1600 block of Sansom Street.
This bill having been read on two different days, the question now is shall the bill pass finally? I'm sorry. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I'd like to offer an amendment this particular bill. The amendments were circulated earlier in the Caucus. It essentially changes the dimensions that was in the prior bill on this particular garage.
Thank you. All of those in favor of the adoption of the amendments will indicate by saying aye. (Aye.)
The ayes have it and Bill No. 020412 will be amended. 10/24/02 - STATED - 2ND READING AND FINAL PASSAGE
The Clerk will please read the title of Bill No. 020413.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58 by placing on the City Plan that portion of Mount Vernon Street.
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.
Councilman Longstreth. 10/24/02 - STATED - 2ND READING AND FINAL PASSAGE