COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Tuesday, 2/5/02 10:15 a.m. Room 400, City Hall Philadelphia, PA PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, Deputy Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 2/5/02 STATED - GREETING/INVOCATION
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will come to order, members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes the Reverend Terrence Hensford, Ward Pastor of A.M.E. Church. He is here today as a guest of Councilwoman Blackwell. All members and guests will please rise. (All rise.)
To Mayor Street and President Anna Verna, Councilwoman Jannie Blackwell, honorable ladies and gentlemen, thank you very much for the blessed privilege of participating with you today in prayer. Let us pray. Wonderful Counselor, Mighty God, Everlasting Father, Prince of Peace, we thank you today for the founding fathers of this nation, the United States of America and its government. We hold up in prayer before you the men and women who 2/5/02 STATED - GREETING/INVOCATION are in positions of authority. We pray and intercede for the President of the United States, the Vice President and the representatives, the senators, the judges of our land, the policemen, as well as the governors and mayors and for all those who are in authority over us in any way. We pray that the spirit of the Lord rests upon them. We pray today especially for the health and peace and protection of this City of Philadelphia, for our mayor, the President, and members of this Council. Father, we pray today that skillful and Godly wisdom may abide in their hearts. We pray that knowledge is pleasant to them, that discretion watches over them, that understanding keeps them and delivers them into the paths of righteousness. We thank you for these men and women of integrity and obedience and love. Father, we ask that You surround them with people who help their hearts and ears to be attentive to Godly counsel. We thank You for the support and patience of their families. Now, Lord, guide this Council today that they may hear the cries of the poor, of the needy, 2/5/02 STATED - GREETING/INVOCATION and the downcast and the distressed. We especially ask that You would bless the precious children who are in our midst this morning. Fill the hearts of the members of this Council with Your Holy Spirit so that their meeting today may be holy unto You and that everything said and done here may bring glory to Your name. Hear our prayer in the name of our blessed Lord Jesus, amen.
Amen. The Chair thanks Reverend Hensford for his very inspiring invocation. Thank you very much. (Council stands at ease.) 2/5/02 STATED - APPROVAL OF 1/29/02 JOURNAL
The next order of business is the approval of the Journal of the meeting of Tuesday, January 29, 2002, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Tuesday, January, 29, 2002 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Tuesday, January, 29, 2002 stand approved. All in favor will indicate by saying aye. Those opposed, nay? The ayes have it, the motion carries, and the Journal of the meeting of Tuesday, January, 29, 2002 stands approved. 2/5/02 STATED - LEAVES OF ABSENCE REQUESTS
The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning, there are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leaves of absence.
The Chair will dispense with the regular order of business to recognize guests and visitors joining us 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, we are very pleased to recognize "Girl Scout Cookie Month" in our city. Next month, the Girl Scouts will celebrate their 90th anniversary. In these 90 years, girls have enriched their lives and built real-life skills through their varied experiences. Today, we are pleased to welcome Miss Kelly Ruddick of the Girl Scouts of Southeastern Pennsylvania. Miss Ruddick will say a few words. If Miss Ruddick would please join us at the podium, we would love to recognize her. (Honoree comes forward.)
On behalf of the Girl Scouts 2/5/02 STATED - VISITOR RECOGNITION of Southeastern Pennsylvania, I'd like to present this basket of cookies as a sign of our appreciation and to thank the Philadelphia City Council for all of your support. Thank you.
At this time, the Chair recognizes Councilman Kenney, who will make a presentation recognizing "Catholic Schools Week" in the City of Philadelphia. Will Sister Rita Murphy and Sister Amy and those accompanying her please join the Councilman at the podium. (Honorees come forward.)
Thank you, Madam President. I'd like to take the opportunity to welcome all of the students from South Philadelphia at St. Monica's School. My children go to St. Nicholas Tolentine -- I hope you don't hold that against me. But we welcome you here today this morning for this very important recognition. 2/5/02 STATED - VISITOR RECOGNITION This is a resolution designating the week of January 28, 2002 through February 1, 2002 as "Catholic Schools Week" in the City of Philadelphia. Whereas, the Council of the City of Philadelphia joins the 100,000 students and teachers throughout the Archdiocese of Philadelphia in celebrating Catholic Schools Week, and we recognize this year's theme, "Where Faith and Knowledge Meet." Whereas, education remains the most fundamental element of our future. Our gift to our children as parents, teachers, and communities is to help them enter their future with the knowledge, the skills, and the resolve to confront and overcome the difficult tasks of life; and Whereas, since the first Catholic school in Philadelphia opened in 1782, Catholic schools have endeavored to educate students, instill positive values, and guide students toward a future of opportunity and hope. Today, 91 percent of Catholic school graduates attend college, technical and trade schools. These graduates contribute to the social enrichment, moral stability, and 2/5/02 STATED - VISITOR RECOGNITION economic security of Philadelphia and the region; and Whereas, St. Monica's parish and school was founded in 1895 to serve a growing community. By November 1908, 600 children attended the elementary school and the rapidly-growing parish, and there was a new school dedicated next to the church. By 1920, the 160 families of 1895 had grown to more than 1100 families, and the St. Monica's Business School (where my mother attended, thank you) was established, providing many students with a viable business course; and Whereas, St. Monica's parish and school remain to this day a vibrant part of the South Philadelphia community. The parish is 5400 families strong and there are 850 children enrolled in its two schools. As recipients of an educational system that has instilled high moral values and established rigorous standards of educational excellence, graduates of St. Monica's school achieve success in all careers and walks of life. This outstanding school shapes the minds and hearts of future citizens and stresses the dignity and worth of the individual, the love of God, 2/5/02 STATED - VISITOR RECOGNITION educational excellence, and spiritual and moral values; Now, therefore, resolved by the Council of the City of Philadelphia that we proudly designate the week of January 28 through February 1, 2002 as "Catholic Schools Week" in the City of Philadelphia and recognize this year's theme, "Where Faith and Knowledge Meet." Congratulations and thank you for coming. (Applause.)
The Chair recognizes Sister Rita for remarks. SISTER RITA: Good morning, everyone, and thank you for this great honor and for allowing us to come into your chamber this morning. We are truly very proud and happy. And as you can see from some of the banners, our school truly prides itself on being the pride of South Philly. We hope someday some of our students will join your ranks here and help to continue making the City of Philadelphia the great city it is. Thank you so much. (Applause.)
Council will be 2/5/02 STATED - VISITOR RECOGNITION at ease. Sister, thank you. (Council stands as ease.) 2/5/02 STATED - COMMUNICATIONS
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 transmitting herewith for the introduction and consideration of this honorable body a proposed ordinance authorizing the creation of a loan, or loans, to provide funds for and toward various capital municipal purposes, authorizing the Mayor, City Controller, and City Solicitor, or a majority of them, to sell bonds at a public or private-negotiated sale, fixing a day for holding the election for obtaining such consent and providing for the arrangements for holding such election; And an ordinance amending an ordinance approved by the Mayor on October 11, 2000 (Bill No. 000535) authorizing a loan in the amount of $162,135,000, subject to the approval of the electors at the November 7, 2000 election to reduce 2/5/02 STATED - COMMUNICATIONS the total amount of the loan authorized by said ordinance to $120,935,000; And an ordinance amending an ordinance approved April 4, 2001 (Bill No. 010001) relating to the Capital Program for the six fiscal years 2002 to 20007 by increasing and adding projects in amounts to certain departments; And an ordinance amending an ordinance approved April 4, 2001 (Bill No. 010002) relating to the Fiscal 2002 Capital Budget by increasing and adding projects and amounts in certain departments.
The messages will be printed in the Journal. The clerk will please read any other communications in her possession.
Thank you. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
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 signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Kenney
The clerk will please read the title of the first resolution.
A resolution urging the City of Philadelphia to allow for the immediate monthly 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS payment of $500 to the employees who remain active for military service during Operation Enduring Freedom.
I move the adoption of the resolution. (Duly seconded.)
Oh, I'm sorry. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I'll be short because I think it's a very simple issue. Currently, there are 300 members of our City government, employees of the City of Philadelphia -- police officers, firefighters, and other City employees -- who are currently serving our country valiantly in this time of trouble and this time of war. As a result of their service, the City has agreed to give -- or to award their 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS family a $500 monthly stipend so that they are able to make ends meet while their loved ones, husbands, and wives are away serving, while their children and families are home trying to struggle through this time financially. The City did do a good in attempting to give these -- or agreeing to give these brave soldiers and reservists the $500 stipend. For some reason, which seems to be unexplainable, they have decided not to give the money to the families until these soldiers have returned home. Sadly, and hopefully not, you know, some may never return home because they're there under fire and in harm's way. But this is the time when their families need the money. When their loved ones return home and return to work, things will hopefully get back to normal for them. Until then, their families are struggling to survive, to pay bills, to pay mortgages and tuitions, and put food on the table. I think it's important that if the City makes an effort to show good faith and do a good thing by awarding this money, they ought to give it to them now while they need it, and it would relieve -- I've gotten heartfelt letters from 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS people who are serving overseas, who are really concerned about the financial health of their families and begging us to ask the Administration to please cut these checks now and give these people the ability to survive until their loved ones come home. Thank you, Madam President.
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will say aye. Those opposed? The ayes have it and the motion carries. The clerk will please read the title of the second resolution.
A resolution urging the Mayor to appoint Sylvester M. Johnson as permanent Commissioner of the Police Department of Philadelphia.
Move the adoption of the resolution. (Duly seconded.) 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
It has been moved and seconded that the resolution be adopted. All in favor will say aye. Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the title of the next resolution.
A resolution supporting the right to education of the children of Holy Cross Schools Primary School in Belfast, Ireland, and condemning the violence that has erupted there.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. Those opposed? The ayes have it and the motion carries. The clerk will please read the title of 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS the next resolution.
A resolution supporting the recent proposal to keep the Civil War Library and Museums Collections in Philadelphia.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. Those opposed? The ayes have it and the motion carries. The clerk will please read the title of the next resolution.
A resolution designating the week of January 28, 2002 through February 1, 2002 as "Catholic Schools Week" in the City of Philadelphia.
I move the adoption of the resolution. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The motion carries. The clerk will please read the title of the next resolution.
A resolution declaring February 14, 2002 as "Firefighters Recognition Day."
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilwoman Blackwell. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
Thank you, Madam President. This morning, I introduce 13 bills and two resolutions: One non-privileged resolution to be referred by committee; the other resolution is privileged and cosponsored by Councilwoman Donna Miller.
The clerk will please read the title of the resolutions first.
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 signify by saying aye. Those opposed, nay? The ayes have it and the motion carries. The clerk will please read the title of the second resolution.
A resolution providing for the approval by the Council of the City of Philadelphia 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS of a revised Five-Year Financial Plan for the City of Philadelphia covering Fiscal Years 2003 through 2007.
This resolution will be referred to the appropriate committee. The clerk will please read the title of the first bill.
An ordinance amending an ordinance approved April 4, 2001 (Bill No. 010002) relating to the Fiscal 2002 Capital Budget by increasing and adding projects in amounts in certain departments.
The bill will be referred to the appropriate committee.
And an ordinance amending an ordinance approved April 4, 2001 relating to the Capital Program for the six fiscal years 2002 to 2007.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the creation of a loan, or loans, to provide funds for and towards various capital municipal purposes, authorizing the Mayor, City Controller, and the 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS City Solicitor, or a majority of them, to sell bonds at a public or private negotiated sale.
The bill will be referred to the appropriate committee.
And an ordinance amending an ordinance approved by the Mayor on October 11, 2000 (Bill No. 000535) authorizing a loan in the amount of $162,135,000 subject to the approval of the electors at the November 7, 2000 election to reduce the total amount of the loan authorized by said ordinance to $120,935,000.
This bill will be referred to the appropriate committee.
The bill will be referred to the appropriate committee.
And an ordinance to adopt a Capital Program for the six fiscal years 2003 to 2008, inclusive.
This bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS "Wage and Net Profits Tax," by decreasing the rates of the tax and by making technical amendments, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1804, entitled "Authorization of Net Income Tax."
The bill will be referred to the appropriate committee.
And an ordinance amending Section 19-1801 of the Philadelphia Code to further authorize the Board of Education of the School District of Philadelphia to impose a tax on real estate within the City of Philadelphia and to charge a tax rate, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS 19-1806 to further authorize the Board of Education of the School District of Philadelphia to impose a tax on the use and occupancy of real estate.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 19-1301 of the Philadelphia Code, entitled "Real Estate Taxes."
The bill will be referred to the appropriate committee.
And an ordinance amending Section 19-2604 of the Philadelphia Code relating to tax rates, credits, and alternate tax computation for the business privilege tax.
The bill will be referred to the appropriate committee.
And an ordinance amending Bill No. 010694, entitled "An ordinance authorizing and approving the execution and delivery of a service agreement between the City of Philadelphia and the Redevelopment Authority relating to a comprehensive Neighborhood Transformation Program for revitalization, renewal, redevelopment, and transformation of the blighted areas within the 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS City of Philadelphia."
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. 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 to the Police Department and the Board of Trustees of the Free Library of Philadelphia.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriation for Fiscal Year 2002 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS from the General Fund - Certain or All City Offices, Departments, Boards, and Commissions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriation for Fiscal Year 2002 within the Aviation Fund from certain or all City offices, departments, boards, and commissions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriation for the Fiscal Year 2002 from the Grants Revenue Fund.
The bill will be referred to the appropriate committee. And the Chair recognizes Councilman Mariano.
Madam President, one bill and two resolutions; one of those resolutions are privileged.
The clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS designations of certain areas of land located within an area bounded by Gillingham Street, Tackawanna Street, Oxford Street, and Ditman Street.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority in the City of Philadelphia deeds located in the 7th, 18th, 19th, 23rd, and 43rd Wards of the City of Philadelphia.
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 signify by saying aye. Those opposed? The ayes have it and the motion carries. The clerk will please read the title of the second resolution. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
A resolution extending felicitations to the faculty, students, and alumni of Northeast Catholic High School For Boys upon the occasion of their 75th anniversary of its founding as an educational institution.
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 signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilwoman Tasco.
The clerk will please read the title of the resolution.
The Chair recognizes Councilwoman Tasco. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
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 signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer four bills and one resolution.
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 Woodbrook Lane, a railroad ROW, Roumfort Road, and Germantown Avenue
The bill will be referred to the appropriate committee. The clerk will please read the title of the resolution. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 12th and 13th Wards of the City.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The clerk will please read the title of the next resolution.
Okay, the clerk will please read the title of the first bill introduced by Councilwoman Miller.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS designation of certain areas of land located within an area generally defined as the intersection of Germantown Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of Brinton Street and Clearview Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 204 by placing on the City Plan Brinton Street and Clearview Street.
The bill will be referred to the appropriate committee. And the Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill and two resolutions. The second resolution is a privileged resolution offered on behalf of Councilman Rizzo and myself and cosponsored by all members of Council.
Thank you. The clerk will please read the title of 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS the bill.
An ordinance providing 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 an independent Public School Performance and Accountability Board, as approved by resolution of the City Council.
The bill will be referred to the appropriate committee. The clerk will please read the title of the first resolution.
A resolution proposing an amendment to the Philadelphia Home Rule Charter to provide for the creation, appointment, powers, and duties of an independent Public School Performance and Accountability Board, and providing for the submission of the amendment to the electors of Philadelphia.
Madam President, that resolution needs to be referred to committee. Thank you. Sorry about that. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
This resolution will be referred to committee. The clerk will please read the title of the second resolution.
A resolution commending and congratulating The Review on the occasion of its 100th anniversary.
Thank you, Madam President. Yes, we are commending them. I move the adoption of the resolution.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions this morning.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have two bills; one is a fair-lending bill signed by all 17 members of Council. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
The clerk will please read the title of the first bill.
An ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds, Deposits, Investments and Disbursements," by amending Section 19-201, entitled "City Depositories," by requiring a Statement of Community Reinvestment Goals for low- and moderate-income neighborhoods in the City of Philadelphia.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds, Deposits, Investments and Disbursements," by amending Section 19-201, entitled "City Depositories," by authorizing the City Treasurer to deposit funds in Citizens Bank, under certain terms and conditions.
This bill will be referred to the appropriate committee. And the Chair recognizes Councilman Ortiz.
Thank you, Madam Chair. No bills or resolutions. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
Thank you The Chair recognizes Councilman DiCicco.
Madam President, thank you. Two bills and one resolution.
The clerk will please read the title of the first bill.
An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600, entitled "Miscellaneous," by Chapter 14-1610, entitled "Old City Residential Area Special District Controls."
The bill will be referred to the appropriate committee.
And an ordinance amending an ordinance approved January 3, 1992 (Bill No. 1205-A-A), as amended, which, pursuant to Subsection 9204 of the Philadelphia Code, designates the locations in Center City at which vending is permitted.
This bill will be referred to the appropriate committee. And the clerk will please read the title of the resolution.
And a resolution approving the 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS 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.
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
Thank you, Madam President. One resolution and one bill.
The clerk will please read the title of the bill.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No 307 by striking from the City Plan and vacating Bonsall Street from Race Street northerly to the Vine Street Extension.
The bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution approving an 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 Model Cities Urban Renewal Area.
Move for the adoption of the resolution (Duly seconded.) 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
It has been moed and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. 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 recognizing the YMCA Black Achievers Program for all that it does to build and promote strong kids, strong families and strong communities, and designating Thursday, February 28, 2002 as "YMCA Black Achievers Day."
The Chair recognizes Councilman Rizzo. 2/5/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed, nay? The ayes have it and the motion carries. 2/5/02 STATED - COMMITTEE REPORTS
The next order of business is reports from committee, and the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out one resolution with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia: The Committee of the Whole, to which was referred Resolution No. 010672, a resolution confirming the appointment of The Honorable Nelson A. Diaz as City Solicitor, respectfully reports it has considered the same and returns the attached resolution to Council with a favorable recommendation.
Thank you. We will vote on the adoption of the resolution at the completion of the reports from committees. The Chair recognizes Councilman Kenney for a report from the Rules Committee.
Thank you, Madam 2/5/02 STATED - COMMITTEE REPORTS President. The Council Committee on Rules reports out eight bills with favorable recommendations.
To the President and Members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred: Bill No. 010125, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by adding a new Section 14-1621, entitled "Passyunk Avenue Special Controls District"; and Bill No. 010126, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending the section entitled "Old City Residential Area Special District Controls"; and Bill No. 010560, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Poplar Street, Ninth Street and Percy Street; and Bill No. 010617, an ordinance providing that no agreement, memorandum, or 2/5/02 STATED - COMMITTEE REPORTS understanding of other commitment for the operation, financing or management of the School District of Philadelphia, which will substitute for or supersede the functions of Board of Education or its successors or assigns, all under certain terms and conditions; and Bill No. 010632, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by the general vicinity of the northeast corner of Island Avenue and Lindbergh Boulevard; and Bill No. 010666, an ordinance providing that no agreement, memorandum of understanding, or other commitment for the private administration, management, or operation of any school within the School District of Philadelphia; and Bill No. 010718, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Chelten Avenue, Baynton Street, Bellfield Avenue, and Logan Street; and Bill No. 010745, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning 2/5/02 STATED - COMMITTEE REPORTS designations of certain areas of land located within an area bounded by Christian Street, Christopher Columbus Boulevard, and the I-95 Expressway respectfully reports that it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Madam President. I move the rules of Council be suspended so as to permit first reading this day of Bill No.'s 010125, 010126, 010560, 010617, 010632, 010666, 010718, and 010745. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended in order to permit first reading this day of Bill No. 010125, 010126, 010560, 010617, 010632, 010666, 010718, and 010745. All in favor will signify by saying aye. Those opposed? The ayes have it, and the bills just read will be placed on today's first-reading calendar. 2/5/02 STATED - COMMITTEE REPORTS The Chair recognizes Councilman Goode for a report from the Committee on Transportation and Public Utilities.
Thank you, Madam President. The Committee on Transportation and Public Utilities reports out one bill for a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Transportation and Public Utilities, to which was referred Bill No. 010340, an ordinance amending Section 10-602 of the Philadelphia Code with respect to smoking on any vehicle of public transportation and in any public transit station or fare-paid area and increasing the amount to be paid in response to a violation notice to waive court appearance, respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. Bill No. 010340 will be placed on the first-reading calendar for our next session of Council. 2/5/02 STATED - COMMITTEE REPORTS The Chair recognizes Councilwoman Blackwell for a motion on Resolution No. 010672.
Thank you, Madam President. I move the adoption of Resolution 010672. (Duly seconded.)
It has been moved and properly seconded that Resolution No. 010672 be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it, and Resolution No. 010672 has been adopted. 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A
Council will now proceed under a special order of business to reconsider Bill No. 010493-A. This bill was passed by the Council on December 20, 2001 and was returned disapproved by the Mayor to the January 29, 2002 session of Council. At this time, the Chair recognizes Councilman Kenney.
Thank you, Madam President. I move that Council reconsider Bill No. 010493-A, which was approved by Council on December 2001. (Duly seconded.)
Madam President, may I speak prior to the vote being taken?
Thank you very much. Thank you, Madam President As everyone knows, this bill would 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A eliminate the provision created by Council in 1953 that requires all civil-service employees to reside in the City for at least one year prior to any appointment of any civil-service job. " Requiring job applicants to already live in the City prior to their appointment hinders our ability to attract the most qualified applicants and discourages potential employees from moving to Philadelphia. Considering that we lost nearly 70,000 residents in the last decade, a new approach is needed to send the message that Philadelphia welcomes and encourages people to move into our city, including any potential applicants for our municipal jobs. In these economically difficult times, this is certainly no time to consider eliminating Philadelphia's residency for its employees once 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A they are employed, and this bill would still require that all employees continue to live in the City of Philadelphia if they're employed by the City. Native Philadelphians, I believe, native-born Philadelphians, and residents of Philadelphia currently, I believe, are very competitive people. I think that they can compete with anyone in the nation, and I think the people who live in the City who would like to have City employment should have no fear of people outside the City; I think that they're competent and intelligent people who can compete as well as anyone can compete for jobs that are available within the City. Currently, non-civil-service employees do not have to live in the City for a year prior to application; thus, there is an unfair two-tiered system with two different residence standards, creating an appearance of preferential treatment. Instead, one uniform residency policy should be created for all City employees. Philadelphia is one of only two major cities that require civil servants to be City residents for a year before 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A appointment, and other major cities have decided to eliminate their pre-employment residency requirements in order to attract more residents. Coincidentally, or perhaps not coincidentally, there are only two major cities in the country that have lost population in the last decade; Philadelphia is one of them. In order for this city to come into the modern times, and if it will ever be considered more than a bastion of parochial selfprotectionism, then we need to change the way we do business. We need to pitch the greatness of our city to others in this nation. We must be open to new ideas and to new people. Our municipal employment opportunities are a good way to start, a good resource to use to repopulate our city, and to attract the most qualified employees that we can find. Ironically, we do it now, with stellar appointment by the Mayor to his cabinet and commissioner level. Streets Commissioners Johnson, Recreation Commissioner Richards, Finance Director Davis, former Police Commissioner Timoney are examples of intelligent, bright, dedicated public employees that we sought 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A out from other cities and regions from within the United States. This administration, to veto this bill, has conducted nine national searches for top positions in the last two years. The fact that the Mayor in his veto message said that not one shred of evidence has been presented to why this issue should change should look to his own employment resources and employment techniques, because he has also gone nationwide in looking for employees. So if we can have qualified, dedicated, top-level employees in this City, why not an accountant from California becomes a new resident of Mt. Airy? why not a social worker from Chicago who becomes a neighbor in Manayunk? how about a sanitarian from Michigan who will now reside in West Philadelphia? And on and on and on.
This is an opportunity for us to change the way we do business, and it's difficult to sit here today and make this argument because we already voted on this bill. We had an extensive public hearing, we listened to people testify, we voted to remove the bill from committee, we waited on the floor while I negotiated with Councilmember 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A Clarke, And I want to thank Councilmember Clarke for his recommendation that we amend this bill to eliminate the entry-level, lower-skill labor position from this removal of the requirement for City residency. I listened to him, I understood his concern about people who were trying to gain City employment that maybe had minimal skills or no skills, to give them the first opportunity beyond people outside the City to gain that City employment, and I amended the bill, I considered it a friendly amendment. And we passed bill the 16 to nothing. With the exception of Councilmember Cohen, who, I understand, has been opposed to this philosophically from the beginning, and he expressed that to me in a consistent manner. He was not here that today, and I would assume if he were here, the vote would have been 16 to 1, so this is not directed at him. I would ask that those Councilmembers today who are going to change their vote on this issue -- and I understand there may be some -would just do themselves and this body a favor: In 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A the future, vote against the bill in the first place. Listen to the issues, make up your mind, make a decision, and cast your vote and stay with it. It will in some way retain one of the last shreds of credibility this body may have. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I'm not only going to change my vote on this bill, but I'm changing my sponsorship of this bill. I am one of the original sponsors, but I will be voting to sustain a veto today for some very simple reasons. We've had in the past a recruitment problem in terms of police and teachers, and I think the move has been made to remedy that problem. As I have been told, there are no recruitment problems for the general workforce in terms of City employees, and furthermore, since introduction of this bill, since my agreeing to cosponsor this bill for the right reasons, this city is in a hiring freeze at this point. The 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A issues related to this bill are moot at this point. This bill can be reintroduced at an appropriate time if there is a recruitment problem in terms of the general workforce, so I will be voting to sustain the veto and I will be voting no on the override.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I, in fact, did negotiate an arrangement with respects to one of these on a laborer's issue, but I also voted against that particular bill in committee. That arrangement was after the committee vote. It was essentially a political bill that I thought that I can get the best that I can get out of that particular bill. Had I been able to defeat the bill in committee, I would have done that because I thought that there were more than enough individuals on the waiting list, as testified by the Administration and the personnel director at this particular time. So the particular amendment was relating to simply an elected official trying to getting what they could 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A get out of that particular piece of legislation. And I indicated to Councilman Kenney that I would vote for that particular (inaudible) and I did do that so I just wanted to clarify that for the record.
Thank you. Anyone else want to be recognized? (No response.)
Thank you. A motion was made to reconsider Bill No. 010493-A, and it was seconded. All those in favor -
Madam President, I make this request: Could you please clarify what a "yes" and a "no" vote means so that there's no confusion.
Right now, we're talking about whether it should be reconsidered?
Okay. So if you're voting aye, it would be to reconsider the bill; if you're voting nay, then there's no consideration that would be taken. Everybody clear? Am I making myself clear? Okay. 2/5/02 STATED - RECONSIDERATION OF BILL 010493-A It has been moved and seconded. All those in favor will signify by saying aye.
Aye. Aye the nays are 10, the ayes are 7. A two-thirds majority of the members of Council not having voted in the affirmative, the Mayor's veto is sustained.
The next order of business is consideration of the calendar. The clerk will please read the bills on the 2/5/02 STATED - FIRST-READING BILLS first-reading calendar.
Bill No. 010125, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by adding a new Section 14-1601.
And Bill No. 010126, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by providing that fortune-teller establishments and tattoo and body-piercing establishments are prohibited uses within the district, all under certain terms and conditions.
And Bill No. 010560, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Poplar Street, Ninth Street, and Percy Street.
And Bill No. 010617, an 2/5/02 STATED - FIRST-READING BILLS ordinance providing that no agreement, memorandum of understanding, or other commitment for the operation, financing, or management of the School District of Philadelphia will substitute for or supersede the functions of the School Board of Education.
And Bill No. 010632, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bonded by the general vicinity of the northeast corner of Island Avenue and Lindbergh Boulevard.
And Bill No. 010666, an ordinance proving that no agreement, memorandum of understanding, or other commitment for the private administration, management, or operation of any school within the School District, which would require the appropriation of City funds, the imposition of taxes by the City of Philadelphia or the authorization by City Council of the levying of 2/5/02 STATED - FIRST-READING BILLS taxes on behalf of the School District of Philadelphia.
And Bill No. 010718, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area of bounded by Chelten Avenue and Germantown Avenue.
And Bill No. 010745, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Christian Street, Christopher Columbus Boulevard, a line 143 feet north the and I-95 Expressway.
The Chair agrees. The bills read by the clerk will be placed on the second-reading and final-passage calendar for our next session. That concludes our first-reading calendar. 2/5/02 STATED - SECOND-READING CALENDAR
The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the second-reading calendar.
Thank you, Madam President. There are no bills being called up for second reading and final passage today.
The Chair thanks Councilwoman. This concludes our calendar. 2/5/02 STATED - ADJOURNMENT
Are there any speeches on the part of the Minority? (No speeches on the part of the Minority.)
Are there any speeches on the part of the Majority? (No speeches on the part of the Minority.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that the Council stand in recess until Thursday, February the 7th, at 11 a.m.
There's a motion on the floor; is there a second? (Duly seconded.)
It has been moved and seconded that Council stand in recess until Thursday, February 7th at 11 o'clock. All in favor will say aye. Those opposed? The ayes have it and the motion carries. Thank you all very much. 2/5/02 STATED - ADJOURNMENT (Proceedings end at 11:12 a.m.) CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Tuesday, February 5, 2002 are contained fully and accurately in the stenographic notes taken by me upon, and that this is a true and correct transcript of same. RE: STATED MEETING _______________________________, Josephine Cardillo Registered Professional Reporter and Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)