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Minutes

Stated Meeting, October 9, 1997

Philadelphia City CouncilOct 9, 1997

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COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, October 9, 1997 10:40 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT JOHN F. STREET COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN MARIAN B. TASCO COUNCILMAN BRIAN J. O'NEILL COUNCILMAN DAVID COHEN COUNCILWOMAN HAPPY FERNANDEZ COUNCILMAN JAMES F. KENNEY COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILMAN FRANK DiCICCO COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER MARIE B. HAUSER, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center Plaza, Suite 600 Philadelphia, PA 19103 (215) 561-2220. INVOCATION

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Council President Street

Good morning, ladies and gentlemen. The Chair notes that the hour has come, that a quorum is present. Council will come to order. Members will take their seats, visitors will retire to the seats outside the rail. To give our invocation this morning, the Chair welcomes Reverend Stephen Walker, who is the Pastor of the Abundant Life Healing Fellowship Church. He is here today as the guest of Councilwoman Augusta Clark. Members and guests will please rise.

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Reverend Stephen Walker

Let's bow our heads. Father, we thank you today for your goodness and your mercy, for this is the day that the Lord has made, and we will rejoice and be glad in it. We come to invoke your presence in this session of Council. We ask your special blessing upon John Street, and every member of this Council, God, that you would give them wisdom to make correct decisions that will affect the lives of APPROVAL OF JOURNAL your people. If you do this, we promise you, we will give you praise, glory, and honor, for it is in Jesus' name we pray. And everyone says amen.

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Chief Clerk

To the President and COMMUNICATIONS Members of the Council of the City of Philadelphia: I am transmitting for the consideration of your honorable body a draft of 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 West Philadelphia Redevelopment Area identified by house numbers and street addresses as 4903 and 4986 West Stiles Street; 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 West Philadelphia Redevelopment Area identified by respective house numbers and street addresses as 4230 Girard Avenue, 888, 896, 902, 914, 915, 916, and 917 North 42nd Street, and authorizing the Redevelopment Authority to execute the redevelopment contract with Belmont Affordable Housing, LP; And an ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located in the 27th Ward, and within an area bounded by Spruce COMMUNICATIONS Street, 34th Street, Civic Center Boulevard, University Avenue, and 38th Street, from partly class R-15 residential, partly class C-4 commercial, partly class C-3 commercial, and partly class IDD, Institutional Development District, to its designation of partly class R-15 residential, partly class C-4 commercial, partly class C-3 commercial, and partly class IDD, Institutional Development District; And an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Jefferson Health Systems and its member hospitals for the Hospitals and Higher Education Facilities Authority of Philadelphia to participate with the system and the hospitals in financing capital projects consisting generally of the purchase of real estate comprising the Thomas Jefferson University Hospital and related facilities, the refinancing or restructuring of certain outstanding indebtedness of the hospitals, and the acquisition and construction of capital improvements to the facilities of the hospitals; And an ordinance authorizing the Commissioner of Public Property to execute and COMMUNICATIONS deliver to the Philadelphia Authority for Industrial Development, without consideration, a deed conveying fee simple title to two certain tracts of city-owned land, with the buildings and improvements thereon, situate on the westerly side of 34th Street southwardly from Spruce Street, and further authorizing PAID to sell these properties to the Children's Hospital of Philadelphia for consideration of $1,037,500, and all subject to the terms and conditions of the Philadelphia Authority for Industrial Development Corporation; And an ordinance authorizing the Philadelphia Authority for Industrial Development, notwithstanding any contrary requirements of the Philadelphia Industrial and Commercial Development Agreement between the City and the Philadelphia Authority for Industrial Development and the Philadelphia Industrial Development Corporation to sell a certain tract of city land, with the buildings and improvements thereon, situate on the northeast corner of Holsten Avenue and Bartram Avenue, Parcel F-10 in the Eastwick Urban Renewal Area, Stage A, to Ottons Flavors Company, for the consideration not to exceed $116,000, upon written COMMUNICATIONS approval of the Director of Commercial; And an ordinance authorizing the construction of a sewer and a pertinent work required to alleviate unsanitary conditions on a portion of Crestview Road; And an ordinance authorizing the construction of a sewer and a pertinent work required to alleviate unsanitary conditions in a portion of Manatawna Avenue; And an ordinance authorizing and directing the placing on City Plan No.

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Chief Clerk

377 of a certain right-of-way for drainage purposes and water main purposes extending from Stokley Street northeastwardly and northwardly to a certain right-of-way of the Chestnut Hill branch of the Connecting Railway Company, under certain terms and conditions; And a resolution agreeing to participate in the Franklin Plaza Tax Increment Financing District, if it should be created by the Council of the City of Philadelphia, in accordance with the Tax Increment Financing Act of July 11, 1990, PL 465, as amended, in the Center City Redevelopment Area, in an area generally bounded by COMMUNICATIONS/INTRODUCTION OF BILLS AND RESOLUTIONS Vine Street on the north, 16th Street on the east, a recorded driveway easement extending westwardly from a point on the west side of North 16th Street 119 feet, 11 inches south of Vine Street, to a point on the east side of North 17th Street 132 feet, 8 inches south of Vine Street on the south, and 17th Street on the west; And designating the Mayor, or his designee, as the City's representative for the purpose of meeting with the Philadelphia Authority for Industrial Development pursuant to Section 5A(2) of the Tax Increment Financing Act.

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Chief Clerk

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 West Philadelphia Redevelopment Area, identified by respective house numbers and street addresses as 4230 Girard Avenue, 888, 896, 902, 914, 915, 916, and 917 North 42nd Street, and authorizing the Redevelopment Authority to execute the redevelopment contract with Belmont Affordable Housing II, Limited.

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Chief Clerk

A resolution approving the amendment to the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of an additional portion of the West Philadelphia Redevelopment Area identified by respective house number and street address as 4903 and 4986 West Stiles Street, and authorizing the Redevelopment Authority to execute the amended redevelopment contract with Habitat for Humanity, West Philadelphia, and to take such action as may be necessary to effectuate the amended INTRODUCTION OF BILLS AND RESOLUTIONS redevelopment contract.

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Chief Clerk

A resolution authorizing the City Council Committee of the Whole to investigate the allegations of cheating, favoritism, or other improprieties related to the recently announced promotion in the Philadelphia Police Department, specifically related to the examination and ranking of personnel on the test for inspector, and further authorizing the Committee to obtain, examine, or copy any documents, letters, teletypes, or other communications mailed, delivered, or faxed, whether signed or anonymous, to or from any person or public official, whether INTRODUCTION OF BILLS AND RESOLUTIONS elected or appointed, that is relevant to this investigation; And further authorizing the Committee to utilize subpoena power as provided by Section 8-409 of the City Charter, as well as required testimony of any person or public official, whether elected or appointed, in accordance with Section 10-110 of the City Charter in order to aid in the gathering of evidence and the taking of testimony from any person or public official, whether elected or appointed; And further providing that the Committee, upon making any determination of wrongdoing by any person or public official, whether elected or appointed, shall refer such determination and documentation from the record to the appropriate agency or department, or to the City Council Committee on Ethics for further investigation.

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Councilman Nutter

Thank you, Mr. President. In my view, and the view of many, some impropriety took place in the course of this matter. It has been well discussed throughout the news media. There is no need to go into the details. I have sought answers in what I thought were the appropriate places. I wrote to the Mayor. I wrote to the Inspector General. I wrote to the District Attorney. The Mayor has not responded to my letter. But in the course of his various INTRODUCTION OF BILLS AND RESOLUTIONS explanations on this matter during the course of the summer, none of the answers made any sense. The Inspector General also did not respond to the communication, but attempted to refer the matter to the City Solicitor. The District Attorney, after testifying in City Council that the filing of a false Complaint against a police officer is a crime in this body about six months ago, recently wrote back in that, in this particular case, the filing of a false Complaint, while it may be morally repugnant, is not a crime. The only thing that is morally repugnant in this particular matter, Mr. President, is the way in which she conducts her office. This case requires further examination. And since this body, or at least this member, and many other people, have not been able to get answers in this particular case, it does require some further examination by this City Council. If those persons, whether elected or appointed, had been responsive, this resolution more than likely would not have been introduced. I believe, Mr. President, that the INTRODUCTION OF BILLS AND RESOLUTIONS President of the police union said it best in one of the newspaper stories where he said that someone is hiding under a rock right now that affects other people's reputations. I believe, Mr. President, we need to remove the rock and see who or what comes from under it. Now, Mr. President, I may have been born during the day, but it was not yesterday. And I am tired of the lies, I am tired of the deception in this particular matter, and it needs to be fully examined. Whatever documents are around need to be released. The Inspector General claims to have done an investigation, but cannot share any information with anyone, even to the point of saying that we must protect the identity of an anonymous letter writer. That makes no sense to me. And, so, we find ourselves as this Council, Mr. President, trying to find the truth in seeking justice. And all I ask is that this resolution be sent to the appropriate committee. Thank you, Mr. President.

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Council President Street

As a matter of courtesy to the sponsors of resolutions, once they request that a resolution be referred to a committee, it is typically honored by the Chair. I guess in a form of strict parliamentary procedure, we could require that Councilman Nutter withdraw his motion, we could require or request that the second be withdrawn, we could ask him then to make a formal request that the INTRODUCTION OF BILLS AND RESOLUTIONS resolution be referred to a committee. We would end up with the same result.

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Council President Street

Then, assuming a hearing is held, because in some instances -- I happen to have been here when some of this has happened -- the resolution has been introduced, the resolution has been scheduled, the topic of the discussion is whether or not we will have a hearing on this, this resolution, whether it should be approved by this Council. And sometimes resolutions are of such enormity that you need to have a discussion about whether or not Council wants to adopt a resolution, to get involved in it or not. So that, as a bottom line, it is the privilege of every Council member to introduce any resolution that he or she wishes to have introduced at any time legally available to him or her. INTRODUCTION OF BILLS AND RESOLUTIONS There is nothing anybody can do about that.

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Council President Street

A resolution is introduced into the City Council of Philadelphia. I can remember Councilman Cohen introducing such a resolution. We have been there, have we not, Councilman Cohen. He knows exactly what I am getting ready to say. A resolution is introduced into the City Council of Philadelphia. It is not approved. That resolution, at the discretion of a Committee Chairman, can be listed for a public hearing. The issue at that public hearing is whether or not that Committee should recommend, INTRODUCTION OF BILLS AND RESOLUTIONS after a hearing, to the entire Council that that resolution be adopted. That's the issue.

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Councilwoman Tasco

Mr. President, a INTRODUCTION OF BILLS AND RESOLUTIONS question will appear on the November ballot asking the citizens of Pennsylvania to amend the State Constitution to restructure the Board of Pardons. And the referendum on the November ballot further asks that the citizens of Pennsylvania amend the State Constitution to require a unanimous, rather than a majority, recommendation by the Board of Pardons before the Governor has the authority to grant a pardon in a sentence of death. And the referendum also asks that the citizens of Pennsylvania amend the State Constitution to require a unanimous, not a majority, recommendation by the Board of Pardons before the Governor has the authority to commute a sentence of life imprisonment. This amendment resembles California's propositions that rise out of hysteria and political posturing to eliminate critical judgment around issues that affect our society. We must be thoughtful in such an instance, and not just absolve ourselves of all responsibility. Since reading the article in yesterday's Daily News, Jill Porter's article INTRODUCTION OF BILLS AND RESOLUTIONS describing the evolution, indeed the transformation, of Harry Twiggs, I am even more convinced that there must always be a mechanism whereby a person may demonstrate by a commitment to community service that he or she has atoned for his or her mistakes. By requiring a unanimous vote by the Pardon Board, it will be impossible for anyone to obtain a pardon. This will weigh most heavily against minorities, since they make up the majority of the prison population in Pennsylvania. If the referendum passes, a crime victim will be a member of the restructured board, which we have no problems with. And if we were to proceed on the positions and the admissions of the victim's family, in Harry Twiggs' case we would never have his sentence commuted. I rise to oppose this amendment that the General Assembly has passed, eliminating the majority vote and substituting a unanimous vote to authorize the Governor to commute a prison life sentence or pardon a death sentence as clearly shortsighted and inappropriate. INTRODUCTION OF BILLS AND RESOLUTIONS From the statistics that I have found, there are approximately 3,000 men and women serving life sentences. Many of these people did not kill anyone, but were present when the crime was committed. And, in some cases, the actual murderer served shorter sentences. Additionally, there are many women, victims of domestic violence, who were defending themselves in abusive situations. In today's courts, many of them would have been exonerated under Battered Women's Syndrome. For all intents and purposes, lifers could be in prison as many as 50 years. So more telling for me in this, we know that the average cost to maintain a prisoner can range from 24,000 to 45,000 per year. That means a minimum total of 72 million, to a maximum of 135 million, per year for the 3,000 lifers. And that amount will be paid yearly for half a century. You and I know -- and this Council knows -- what that money could buy. Maybe additional policemen. INTRODUCTION OF BILLS AND RESOLUTIONS Now it appears to me that we need some prison reform, particularly in the areas of costs, to accompany our welfare reform. 46 states in the nation recognize parole and commutation in reducing prison costs. Clearly, scrutiny and investigations must be thorough, and risks to society must be considered. But we cannot eliminate those incentives to encourage people who have learned as juveniles and young adults to choose a life of service, where they can make restitution to their own families, as well as to their victims' families. Harry Twiggs, and people like him, can be valuable resources to our society.

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Councilwoman Tasco

And we have personal experience on a young man that we supported for commutation, who is now working in Montgomery County as a social worker, and has demonstrated -- and actually was the subject of an editorial in one of the papers -- about how he turned his life around and is now working in the community. So we must not cut off all avenues INTRODUCTION OF BILLS AND RESOLUTIONS for people who do turn their lives around and can return to society. I ask my colleagues to please support me in this resolution. We're asking them not for a unanimous vote, but for a majority vote, which would give people an opportunity to seek a return to life. Thank you very much.

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Councilwoman Fernandez

As I was saying, I wanted to thank Councilwoman Tasco for bringing this to my attention and perhaps to the attention of many other citizens. To have a change in the State Constitution, or an amendment to it, that has some of the implications that this one does, I think this needs much fuller public debate. I, for one, was not aware of the State Legislature's action and was not aware that INTRODUCTION OF BILLS AND RESOLUTIONS this was going to be on the ballot a month from now. So I really want to thank her, and think this is a very serious issue that needs very thorough public debate before voters blindly go to the polls and very few people, probably in a low-turnout election, vote this up or down. So I would certainly urge this body to register our opposition to this amendment. Probably more on the process, as much as the substance. Thank you.

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Councilman Mariano

Thank you for your flexibility, Mr. President. What I want to do is read a letter that someone wrote me about this particular issue here. "Dear Richard: Keep up the great work. I read an article about your anti-prostitution cause. Thank God someone has the courage and guts to speak out and take a stand. It was the first positive article that I read in a long time. "It seems nobody gives a damn. The cops ride past the hookers. Everybody knows they are there. They don't have to hide. Nobody bothers them. "I never knew about it because I INTRODUCTION OF BILLS AND RESOLUTIONS stayed out of certain areas all my life. But my life is now destroyed because of this problem. "They have ruined our neighborhoods. They have spread disease. They have destroyed family. They steal and they promote the use of drugs. They have created a generation of crack-addicted children. "Isn't it just someone on the corner? It isn't just someone on the corner. It is a vicious, nasty problem that has many consequences. We need to fight it. It is more than a story in the newspaper. "Councilman, I was married for 27 years, since I was 17 years old. I have four grown sons and a grandson. I worked hard inside and outside of the house. "I was happy, or as happy as you can be when you work and pay the bills and have everyday problems. However, we never had enough money, so I worked more and I tried harder. "Well, after a while I suspected my husband of cheating. But I trusted this man with my life, so I wasn't concerned. "I later found out that he was INTRODUCTION OF BILLS AND RESOLUTIONS involved with hookers. One of them managed to take him over, and she had a baby and blackmailed him for cash. He paid her child support for two and a half years. "Finally, the truth came out. He became HIV positive. I started divorce proceedings, threw him out of the house, and am being tested myself for HIV. "I am financially ruined, and I don't want to be a burden to my children. I have no other family. My parents are dead. "I know that this is my sex-addicted husband's fault as much as the hooker's, but I am the innocent victim here. I have to start life all over again. And, at my age, that's not easy. "I have lost everything that was mine, and I have lost the security of my family. All my hopes and dreams are shattered because everyone else looks the other way when they think about prostitution. "And they say prostitution doesn't hurt anyone. Well, Councilman, I am telling you this is not a victimless crime, and this has to stop. INTRODUCTION OF BILLS AND RESOLUTIONS "Councilman, you and I know that this is a lie. It really, really has to stop. "Thank you and may God bless you. And maybe you can save someone from the pain and grief that I have known. Please keep safe." Thank you, Mr. President.

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Chief Clerk

Bill No. 970515, An ordinance constituting the third supplemental ordinance to the General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented, authorizing the Bond Committee, or a majority of CONSIDERATION FIRST READING CALENDAR them, to issue and sell either at public or private sale, in one or more series or subseries, Water and Wastewater Revenue Bonds of the City of Philadelphia; Authorizing approval of the form or forms of bonds, providing that the bonds shall bear interest at a prescribed fixed rate or rates, or at a variable rate which may be payable in different modes; And authorizing agreements to provide credit enhancement or payment or liquidity sources or swap payments for the bonds and certain other actions; Authorizing the Director of Finance of the City to take certain actions with regard to the sale of such Water and Wastewater Revenue Bonds, the investment of proceeds thereof, and the City's continuing disclosure obligation designating the projects to be financed and setting forth the use of proceeds and providing for the application of interest and income earned on such proceeds, determining the sufficiency of the project revenues, coveting the payment of interest and principal, and amending and supplementing the General Water and CONSIDERATION FIRST READING CALENDAR Wastewater Revenue Bond Ordinance of 1989.

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Council President Street

The Chair agrees. This bill read by the Chief Clerk will be placed on our second and final reading passage calendar for our next meeting. SPEECHES/MOTION TO ADJOURN This brings us to the end of our consideration of the calendar. Are there any speeches on the part of members of the minority? Are there any speeches on the part of members of the majority? If not, the Chair recognizes Councilwoman Krajewski for a motion that the Council stand adjourned until Thursday, October 16, 1997, at 10:00 a.m.

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Council President Street

All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The Council stands adjourned until Thursday, October 16, 1997, at 10:00 a.m. (The meeting adjourned at 11:30 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, October 9, 1997, were reported fully and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING _____________________________________ DEBRA A. WHITEHEAD, RPR

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