COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, May 2, 2002 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL 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
May I have everyone's attention, please. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will please take their seats. To give our invocation this morning, the Chair welcomes the Reverend Dr. Maurice Hughes, Philadelphia Police Department Clergy Coordinator. Dr. Hughes is here today as the guest of Councilman Rizzo. Members and guests will please rise. REV.
Oh, thou who in whose presence my soul takes delight, on whom in affliction I call, my comfort by day, my song in the night, my hope, my salvation, my all. Eternal God, our heavenly father, into your presence we come expressing thanks to you today for the multiplicity of your blesses. Thou has been so good to us. You've kept us through seen and unseen danger and somehow, oh, God, we have trampled your rich mercy beneath our unhallowed feet. But yet you've been good to us. We come today to ask thy blessing upon this Council Session. We pray that you might bless the president, President Verna. that you might keep her by your power devine. We ask that you might remember every councilperson here. Endow them with your grace that as they conduct business today that you might be with them. This is prayer we pray with thanksgiving. Amen.
The Chair thanks Dr. Hughes for his inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting Thursday, April 25, 2002. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, April 25, 2002 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, April 25, 2002 stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries. The Journal of the meeting April, 25, 2002 stands approved. The next order requests for leaves of absence. 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.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill. COUNCILMAN O'Neill: Madam President, on behalf of the Republicans, there are no requests for leave of absence.
Thank you. The Chair will dispense with the regular order of business recognize the guests and visitors joining 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. time the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning we want to say a special welcome to some skateboarders who are here. As you know, in the press there's been a lot of talk as of late about the Love Park and the skateboarders. And all of you know that certainly the City is working with them to find a site and we support them and certainly he welcome them to City Council this morning. (Applause.)
Thank you. We have no presentations today. Therefore, 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 Clerk will please 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 I have signed all of the bills that were passed by its Council session on 18, 2002. And I am transmitting herewith for consideration of your Honorable Body the following: A resolution agreeing to participate in Schmitz Plaza II Tax Increment Financing District. And a resolution agreeing to participate in the 1600 North Broad Tax Increment Financing District. 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 Model's Cities Urban Renewal area. And a resolution authorizing the Director of Commerce on behalf of City of Philadelphia to file an application and, if the application is accepted, to execute a contract to obtain a grant from the Department of Community and Economic Development. And a resolution approving the annual program statement and budget for the expenditure of the Neighborhood Transformation Initiative bond proceeds for Fiscal Year 2003. And an ordinance authorizing transfers Year 2002 within the Grants Revenue Fund from the Director of Finance provision for other grants to City Representative and the Director of Commerce. And an ordinance amending an ordinance approved December 24, 1959, as amended, which approved the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the East Poplar Urban Renewal Area. And an ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of a portion of the West Parkside Lancaster Redevelopment Area. And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Morris Street, 32nd Street, Tasker Avenue, 30th Street, and Morris Street. And an ordinance authorizing the Mayor on behalf of the City to file an application with the United States department of Housing and Urban Development for a community development block grant. the sale of a certain lot or piece of City-owned ground with the buildings and improvements thereon erected, if any, situate 2150-2154 Shelton Avenue. And an ordinance amending Title 4 of the Philadelphia Code entitled "Exterior Structures." And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter in a lease with Bainbridge Properties, LLC. And an ordinance approving the sale of a certain lot or piece of City-owned ground with the buildings and improvements thereon, if any, situate 6028 Daniel Street.
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 and the Chair recognizes Councilwoman Blackwell for a motion. AND RES.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit immediate 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 indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Blackwell. AND RES.
Thank you, Madam President. I have two bills and one resolution today. One bill is on your behalf.
Thank you. The Clerk will please read the title of the first 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 Morris Street, 32nd Street, Tasker Avenue, 30th Street, Morris Street and 29th Street, New Hope Street.
The bill will be referred the appropriate committee.
And an ordinance authorizing the Mayor on behalf of the City to file an application with the United States Department of Housing and Urban Development for a community development block grant.
This bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution.
A resolution approving the AND RES. annual program, statement, and budget for the expenditure of the Neighborhood Transformation Initiative, the NTI bond proceeds for Fiscal Year 2003.
Madam President, I move for the adoption. (Duly seconded.)
All those in favor signify by saying aye. (Aye.)
The ayes have it. The motion carries and the resolution will be referred to the appropriate committee. The Chair recognizes Councilman Cohen.
The Clerk will please read the title of the resolution.
A resolution authorizing the City Council Committee on Law and Government to AND RES. investigate the management of the Pennsylvania Convention Center as well labor contract labor issues and criticisms made by those responsible for booking conventions for the purpose of exploring whether changes can be developed that would encourage more repeat bookings at the events at the center.
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.)
The ayes have it. And this resolution will also be referred to the appropriate committee.
The Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriation for Fiscal Year 2002 within the Grants Revenue Fund from the Director of Finance provision for other grants to the City represented and Director of Commerce.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades in a portion of City Plan No. 290 by striking from the City Plan and vacating illegally opened portions of Fairville Street.
The bill will be referred the appropriate committee.
And an ordinance to amend the Philadelphia Zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Tacony Creek, I95 Delaware Expressway, Rhawn Street, and the Delaware River.
The bill will be referred the appropriate committee. AND RES. The Chair recognizes Councilman Mariano.
Thank you, Madam President. I have one bill sponsored by myself and Councilwoman Krajewski and one resolution.
The Clerk will please read the title of the bill.
An ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the American Street Industrial Corridor Urban Renewal Area.
The bill will be referred the appropriate committee. The Clerk will please read the title of the resolution.
And a resolution requesting that the Army Corps of Engineers continue the proposed $311,000 deepening project for the Delaware River.
Madam President, I move for adoption of the resolution. (Duly seconded.) AND RES.
I don't believe he's asking for one. Councilman Mariano, are you asking for a hearing?
It's a complicated matter that's been around for about 10 years.
Let's have a roll call, Council President, and we can get it out of the way.
There are many questions raised by environmentalists about the dangers to Philadelphians as well as to the people in surrounding areas because of the problem when you dredge up the bottom of the river, you dredge up all kinds of contaminated material, some of which -- and the Delaware River provides about half of the drinking water for people in Philadelphia and there's serious questions. I just think we ought to have a hearing on the matter and let's find out. It's been around for about 10 years. There doesn't AND RES. seem to be any time urgency in it since the project has delayed, and I'd like to have a hearing to see what the facts are. It might be worthwhile; it might not be. I know there's economic considerations that are going to be -- both sides, some believe it will be helpful to Philadelphia; some believe it will be harmful. So in view of circumstances, I would like to suggest to Councilman Mariano if he would be good enough to recommend a hearing on the matter because then we can have all sides presented and reach an informed conclusion.
Councilman Mariano, I'm sorry, you're microphone was not on.
I'm not in favor of any hearings. This is a simple resolution. We can have roll call and Councilman is entitled to vote against it.
Well, I will, buy it seems to me on a matter as complicated as this, it ought to deserve discussion. I don't remember any hearing on this matter before City Council. If it was, I have no recollection of any and it had to have been years ago if it ever occurred. I don't believe it occurred. But I believe we ought to have AND RES. a chance for those proponents of it to come and support it, those who are opponents come and oppose it and then would at least have a record. Then you can have a roll call vote and make the decision on the matter. For example, there's a group known as the Delaware River Keepers. It's an environmental group very much concerned specifically about the Delaware River. I got calls from them last night very much concerned about the dangerous health aspects of the resolution. Now, that's their point of view. Others will have other points of view. And I think we ought to have a hearing on it. Thank you, Madam President.
You're welcome. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'd like to offer my support to Councilman Cohen and encourage Councilman Mariano to at least have a discussion about it so that all of us are aware of what the situation is. There have been many, many articles in the paper about this whole issue of dredging, and I think it deserves a AND RES. discussion and certainly people can still vote the way they want to vote or be supportive. But I think the discussion about it is important.
Thank you. The Chair recognizes Councilwoman Tasco. Councilwoman Tasco, do you have any bills or resolutions to introduce today?
Thank you. The Chair recognizes Councilwoman Miller.
Thank you. The Clerk will please read the title of the bill.
An ordinance approving the sale of a certain lot or piece of City-owned ground with buildings and improvements thereon erected, if any, situate 2150-2154 Shelton Avenue. AND RES.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Nutter.
The clerk will please read the title of the first bill.
An ordinance amending title 4 of the Philadelphia Code by requiring that special certificates of occupancy must be issued in connection with the structures in use Group E on an annual basis in order for such structures to be occupied.
The bill will be referred the appropriate committee.
And an ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of a portion of the West Parkside Lancaster Redevelopment Area.
This bill will be referred the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam AND RES. Chair. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ortiz.
The Clerk will please read the title of the first resolution.
A resolution authorizing Council's Committee on Public Safety and Human and Human Service to convene public hearings to allow the Police Commissioner to share his vision behind the new City-wide campaign, to disrupt open air drug markets, known as Operation Safe Streets and to further explain its detail.
I move for the adoption of the resolution. (Duly seconded.) AND RES.
It has been moved and seconded that the resolution adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee. The Clerk will please read the second resolution.
A resolution opposing the granting of Fast Track Trade Promotion Authority by the United States Congress to the President of the United States, which authority threatens to undermine if not destroyed the power of municipalities and states to protect their police and regulatory powers against the demand of foreign corporations.
I move for the adoption of the resolution. (Duly seconded.) AND RES.
It has been moved and properly seconded that resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution has been adopted. The Chair recognizes Councilman DiCicco.
The Clerk will please read the title of the resolution.
A resolution agreeing to participate in the Schmitz Plaza II Tax Increment Financing District.
I move for the adoption of the resolution. (Duly seconded.)
It has been AND RES. 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 has been adopted. The Chair recognizes Councilman O'Neill.
Madam President, I offer one bill on behalf of myself and Councilwoman Krajewski.
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 14-200 entitled Residential Districts by amending 14-206 entitled Residential Districts.
The bill will be referred the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have two resolutions and one bill. AND RES.
The Clerk will please read the title of the bill.
An ordinance amending an ordinance approved December 24, 1959, as amended, which approved redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the east Popular Urban Redevelopment Area.
This bill will be referred the appropriate committee. The Clerk will please read the title of the first resolution.
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 Model Cities Urban Renewal Area.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be AND RES. adopted. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Clerk will please read the title of the second resolution. THE CLERK, a resolution agreeing to participate in the 1600 North Broad Tax Increment Financing District.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have AND RES. 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 next order of business is reports of from committees. And the Chair recognizes Councilwoman Blackwell for a report from the Finance Committee.
Thank you, Madam President. The Committee on Finance reports out three bills with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia. The Committee on Finance to which was referred Bill No. 010554 entitled an ordinance amending Section 21-105 AND RES. of the Philadelphia Code entitled "Hero Awards" by increasing the amount that may be awarded under that section to family members of fire fighters, police officers, and prosecution detectives killed in the course of performing heroic deeds. And Bill No. 020045 entitled an ordinance authorizing generally the continued issuance and sale by the City of Philadelphia of Gas Works revenue notes of the City proscribing the forms of notes and providing for their execution and payment. And Bill No. 020246, an ordinance authorizing an amendment of the Philadelphia Facilities Management Corporation agreement to extend the repayment period for temporary financing that the City may provide the Philadelphia Gas Works under certain terms and conditions and authorizing the extension of the repayment date of a $45 million temporary advance previously made by the City pursuant to such agreement, respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
The Chair AND RES. recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit First Reading of this day Bill Nos. 010554, 020245, and 020246. (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 Nos. 010554, 020245, 020246. All in favor will signify by saying aye. (Aye.)
The ayes have it and the bills just read will be placed on today's First Reading Calendar. The Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services.
Thank you, Madam President. I offer four bills from the Committee on Streets and Services.
The Committee on Streets and Services to which was referred Bill No. 000547 entitled an ordinance regulating the movement of traffic on Chestnut Street in particularly authorizing right turns to be made from Chestnut Street at certain intersections in Center City. And Bill No. 020043 entitled an ordinance authorizing the paving of Britton Street and Clearview Street. And Bill No. 020244 entitled an ordinance authorizing the Ralston House, owner of the property 3615 Chestnut Street to construct, own, and maintain underground conduit and pedestrian light post. And Bill No. 020252 entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 13S by striking from the City plan and vacating Lawrence Street from Wharton Street, respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
The Chair recognizes Councilman DiCicco. AND RES.
The committee on Streets and Services moves that the rules be suspended so as to permit First Reading on the four bills that have just been read into the record. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as permit First Reading this day of Bill Nos. 000547, 020043, 02044 and 020252. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the bills just read will be placed on today's First Reading Calendar. The Chair recognizes Councilman Clarke for a report from the Committee on Labor and Civil Service.
Thank you, Madam President. The Committee on Labor and Civil Service reports out one bill with a favorable recommendation. AND RES.
Thank you. The Clerk will please read the report.
To the President and Members of the Council of the City of Philadelphia, the Committee on Labor and Civil Service to which was referred Bill No. 000349 entitled an ordinance amending Section 17-107 of the Philadelphia Code entitled "Contractors Labor Management Relationships" by revising the penalties for violation of the prevailing wage ordinance and providing for issuance of notices of violation all under certain terms and conditions, respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit First Reading on Bill No. 000349.
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. 000349. All in favor will signify by saying aye. (Aye.)
The ayes have it and Bill No. 000349 will be placed on today's First Reading Calendar. At this time the Chair recognizes Councilwoman Tasco for a report from the Committee on Health and Human Services.
Madam President, the Committee on Public Health and Human Services reports one bill with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Public Health and Human Services to which was referred Bill No. 020165 entitled an ordinance authorizing the managing director or her AND RES. designee to enter into an agreement on behalf of the City of Philadelphia with the Commonwealth of Pennsylvania acting through its Department of Public Welfare for the City to administer a managed care program under the name Health Choices Behavioral Health, all under certain terms and conditions respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
I move that the Rules of Council be suspended so as to permit First Reading of this Bill No. 020165 today.
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. 020165. All in favor will signify by saying aye. (Aye.)
The ayes have it. And Bill No. 020165 will be placed on today's AND RES. First Reading Calendar. That concludes reports from committees. Our next order of business is the consideration of the Calendar. The Clerk will please read the bills on the First Reading Calendar.
Bill No. 020151, an ordinance amending the ordinance approved January 3, 1992, Bill No. 1205-AA which pursuant to Subsection 9204(8)(a) of the Philadelphia Code, designates the location in Center City at which vending is permitted.
And Bill No. 010695, an ordinance amending the Philadelphia Code to add various requirements and prohibitions relating to student living in Educational Housing Districts, included amending Title 10, "Regulation of Individual Conduct and Activity" to define Educational Housing Districts and to provide for parental college and university and landlord responsibility.
And Bill No. 020164, an ordinance amending Title 4 of the Philadelphia Code by amending Section PM-102.7 entitled "Penalties" to include provisions for the issuance of a code violation notice in a specific amount to persons who were licensed under this section and fail to notify the department of changes pursuant to the provisions of Section PM-102.6.3, all under certain terms and conditions.
And Bill No. 010554, an ordinance amending Section 21-105 of the Philadelphia Code entitled "Hero Awards" by increasing the amount that may be awarded under that section to family members of fire fighters, police officers, and prosecution detectives killed in the course of performing heroic deeds.
And Bill No. 020245, an ordinance authorizing generally the continuing issuance and sale by the City of Philadelphia of the AND RES. Gas Works revenue notes of the City proscribing the forms of notes and providing for their execution and payment and providing for amendments and modifications.
And Bill No. 020246, an ordinance authorizing an amendment of the Philadelphia Facilities Management Corporation agreement to extend the repayment period for temporary financing that the City may provide the Philadelphia Gas Works under certain terms and conditions.
And Bill No. 000547, an ordinance regulating the movement of traffic on Chestnut Street in particularly authorizing right turns to be made from Chestnut Street at certain intersections in Center City, Philadelphia.
An Bill No. 020043, an ordinance authorizing the paving of Britton Street AND RES. and Clearview Street, under certain terms and conditions.
And Bill No. 020244, an ordinance authorizing the Ralston House, owner of the property 3615 Chestnut Street to construct, own, and maintain underground conduit and pedestrian light post.
And Bill No. 020252, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 13S by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street.
And Bill NO. 000349, an ordinance amending Section 17-107 of the Philadelphia Code entitled "Contractors Labor Management Relationships" by revising the penalties for violation of the prevailing wage ordinance and providing for issuance of notices of violation all terms and conditions.
And Bill No. 020165, an ordinance authorizing the Managing Director or her designee to enter into an agreement on behalf of the City of Philadelphia with the Commonwealth of Pennsylvania acting through its Department of Public Welfare for the City to administer a managed care program under the name Health Choices Behavioral Health.
The Chair agrees. The bills read by the Clerk will be placed on the Second Reading and Final Passage Calendar for our next Session of Council. The Chair now recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer a motion to reconsider a resolution today approving the annual program statement of budget for NTI. (Duly seconded.)
It has been seconded that the motion to reconsider be approved. All in favor will say aye. (Aye.)
The ayes have it. And rather take a vote, the resolution will be referred to the appropriate committee for a hearing.
Madam President, just for clarification for our colleagues, we voted on the resolution before we had hearings. We only reconsidered it so that we have public hearings and then follow our process.
And that's the resolution approving an annual program statement and budget for the expenditure of the NTI.