COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, September 11 1997 10:30 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT JOHN F. STREET COUNCILWOMAN ANNA CIBOTTI VERNA 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 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 P R O C E E D I N G S
Good morning, ladies and gentlemen. The Chair notes that the hour has come and 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, Reverend Pinkney is here today as the guest of Councilwoman Tasco. Members and guests will please rise. REV. MATTIE PINKNEY: Let us prepare for prayer. Father, we come this morning with thanksgiving in our hearts for another opportunity to be about your will. We pray, Father, that as this Council comes together at a new session, that your desires and your will will be made known to them; that they will come listening for a word from you, understanding that the whole City of Philadelphia awaits their labor and their service. We pray, Father, that as these men and women seek your wisdom, your knowledge, your INVOCATION steadfastness, Lord, and the ability to stand up for what you have designed to be right, that they will always remember that you are with them in everything that they do in your name. We pray, Father, that as they leave this place and go out into the areas where their constituents live, that they will hear the voice of the people and that they will be willing to stand with them. And then, Lord, we pray that in their own personal lives, that you would meet every need that they may have, because it is the city that will benefit. It is a joyous time here in the City of Philadelphia. Things are well. The minor problems that we have as a city, you have endowed these men and women with all the power to take care of. Now we ask that you annoint them afresh, use them anew, and let them be a blessing to those of us that need them so desperately. It is with thanksgiving and hallelujah praises that we pray. Amen. APPROVAL OF JOURNAL/LEAVES OF ABSENCE
The Chair thanks Reverend Pinkney for her inspiring invocation. The next order of business is the approval of the Journal of the meeting of Thursday, June 19, 1997. The Chair recognizes Councilwoman Verna.
All in favor let it be known by saying aye. Those opposed say nay. It is carried that the Journal of the meeting of Thursday, June 19, stands approved. The next order of business, leaves of absence. The Chair recognizes Councilwoman Verna on behalf of the majority.
Thank you, Mr. President. On behalf of the majority, there are no requests for leaves of absence. LEAVES OF ABSENCE/WELCOME VISITORS
The Chair recognizes Councilman O'Neill on behalf of the minority.
There is a request for a leave of absence from Councilman Longstreth on behalf of the minority.
The Chair thanks Councilman O'Neill. Leave will be granted. At this time we will dispense with the regular order of business to recognize visitors. To all visitors and guests with us this morning, we certainly welcome you here and applaud your interest in the civic affairs of this city. We certainly invite you to come again. At this time the Chair recognizes Councilman Mariano for the purpose of introducing a visiting group.
I would like to take the time to introduce the students from Madrid, Spain, who are visiting the Penn Charter High School in East Falls and are staying at some of the students' parents' homes, including mine. MESSAGES FROM
Will the students please stand. (Students rise to applause.)
Thank you very much for being with us. Is there any other member of Council who wishes to acknowledge a visiting group or a guest that's here today? Thank you very much. The next order of business is communications. The Chair recognizes the Sergeant-at-Arms for the purpose of delivering the messages of the Mayor to the Chief Clerk. The Chief Clerk will 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 consideration of your Honorable Body the following: An Ordinance amending Section 1 of Bill No. 970457, approved July 1, 1997, entitled "An Ordinance authorizing the owners of certain properties in the 9th Street Market to install canopies over the entire width of MESSAGES FROM MAYOR the east and west footways of 9th Street, from the north houseline of the intersection of 9th and Christian Streets to the south houseline of 9th and Wharton Streets; to install poles along the curb to support the canopies; and, to install awnings over the cartway of 9th Street from the canopies over the east footway only; all under certain terms and conditions. And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease between the City of Philadelphia, as sublessee, and The Philadelphia Parking Authority, as sublessor, for a portion of the building located at 3001 Market Street, Philadelphia, Pennsylvania, under certain terms and conditions. , to undertake a project MESSAGES FROM MAYOR to lease, maintain and operate equipment for ground transportation bus services for the Department of Commerce, Division of Aviation in conjunction with the operation of the Philadelphia International Airport; all under certain terms and conditions. An an ordinance authorizing the Procurement Commissioner and the Director of Commerce, on behalf of the City of Philadelphia, to enter into a Lease and Service Agreement with the Philadelphia Municipal Authority, pursuant to which the City will undertake certain obligations under a contract the Authority will enter into with Caravan Transportation, Inc. And, to the President and members of the Council of the City of Philadelphia, I am returning herewith as disapproved Bill No. 970234, which was passed by Council at its session on June 19, 1997. The bill would change the zoning of the City block bounded by Delancey, Panama, 25th and 26th Streets from RC-3 residential to RC-10 residential. The effect of the zoning change would be to impose a building height restriction of 35 MESSAGES FROM MAYOR feet on the property. Let me explain why I am compelled to veto the bill. First, I have been advised by the City Solicitor that the bill, if enacted into law, will have no practical impact on the current development plans for the property. The property owner applied for a Zoning and Use Permit for the property on May 21, 1997. On May 28, 1997, before the bill was reported out of City Council Committee, the Department of Licenses & Inspections granted the permit, quote, over-the-counter, quote, because the proposed development plan was consistent with the current RC-3 area zoning. The City Solicitor has advised me that because the application for a Zoning and Use Permit was filed before the bill was reported out of Committee, the, quote, pending ordinance doctrine, quote, would not apply. Therefore, the permit is valid under the then-existing zoning and the development may proceed, whether or not the bill becomes law. Second, I believe that it is simply MESSAGES FROM MAYOR bad public policy for this legislative body to attempt to pass an ordinance singling out a specific property for zoning change in an area that is uniformly classified, just when that property is about to be developed in a manner consistent with the previously enacted areawide zoning classification. To allow this practice would severely inhibit economic development initiatives throughout the City of Philadelphia. Property owners and developers should be able to rely on previously enacted areawide zoning classifications in making their planning decisions. For all of these reasons, I must disapprove Bill No. 970234. Respectfully submitted, Edward G. Rendell.
The message then will be printed in the Journal. INTRODUCTION OF BILLS & RESOLUTIONS The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Verna for a motion.
Mr. President, I move the Rules of Council be suspended so as to consider all resolutions at the time of introduction. (Duly seconded.)
All in favor of that say aye. Those opposed say nay. It's carried. The resolutions introduced will be considered at the time of their introduction. The Chair recognizes Councilwoman Blackwell.
Please read the title of the bill. (The Chief Clerk read the title of the bill introduced by Councilwoman Blackwell.)
This bill INTRODUCTION OF BILLS & RESOLUTIONS will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
The Chair thanks Councilwoman Krajewski. The Chair recognizes Councilwoman Verna.
A resolution designating Chestnut Street to be used in a celebration of the 25th annual Steuben Day Parade on Saturday, September 27, 1997. The Chair recognizes Councilwoman Krajewski.
I vote for the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. INTRODUCTION OF BILLS & RESOLUTIONS Those opposed say nay. The resolution is adopted. The Chair now recognizes Councilwoman Verna.
The clerk will please read the title of the resolution.
The resolution calling upon the state legislature of Pennsylvania to amend the Pennsylvania CSA to allow for the forfeiture with due process herein the vehicles used in the illegal speed contests and revocation of drivers' licenses of individuals convicted of participating in illegal speed contests within the City of Philadelphia.
Mr. President, I would like an opportunity to speak on this issue. Drag racing in my area has been a problem for many, many years. As a matter of fact, I believe several years ago a 20-year-old youngster was killed INTRODUCTION OF BILLS & RESOLUTIONS as a result of drag racing in the area. We have previously introduced such resolutions, and they have never been considered by the state legislature. I am determined that we do something about this. I am trying again to have a state legislature do something in regard to this very serious problem. And I would share with you some of the information that I have received with the captain of the 12th District, who says in a letter to me that literally hundreds of drag racers converge on the 12th District to race on our public highways in prime locations. And he specifies the locations, which I will not get into. In fact, these drag racers even have a web site on the Internet regarding these locations and how to evade the Philadelphia police. On June 8, 1997, I directed my tactical units to monitor the drag acing situation on 61st Street, at Passyunk Avenue. Approximately 500 spectators blocked this highway to watch pairs of autos engage in high-speed race competitions. INTRODUCTION OF BILLS & RESOLUTIONS Officers at this location wrote over $5,000 in moving violations to autos engaged in drag racing in a one-hour period. Is that unbelievable? A one-hour period. When officers attempted to personally issue these fines, the drag racers sped off, and the citations were subsequently issued to their motor vehicles by U.S. Mail. A review of these traffic citations revealed that only one drag racer was from Philadelphia, with the remainder of the racers coming from the suburbs and New Jersey. Mr. President, I definitely feel that this problem is certainly not happening merely in my district, but I understand that it is occurring in our districts. I would urge my colleagues to again vote unanimously on this resolution, and I will follow it through with the state legislators. Thank you. I move the adoption of the resolution. (Duly seconded.)
All in INTRODUCTION OF BILLS & RESOLUTIONS favor indicate by saying aye. Though opposed say nay. The resolution is adopted. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. I offer three bills and one resolution.
The clerk will read the titles of the bills. (The Chief Clerk read the titles of the bills introduced by Councilman Kenney.
Mr. President, there are three bills with the same title, but different effective dates.
These bills will be referred to the appropriate committee. The clerk will please read the resolution introduced by Councilman Kenney.
A resolution mourning the death and honoring the memory of Richie Ashburn, a Philadelphia icon.
The Chair INTRODUCTION OF BILLS & RESOLUTIONS recognizes Councilman Kenney.
Mr. President, I move for the adoption and resolution by a standing vote. (Duly seconded.)
Members voting for the resolution will stand. (All Council members stand.)
Resolution is adopted. The Chair recognizes Councilwoman Miller.
The clerk will please read the title of the resolution.
An ordinance honoring and commending Marshall Freedman for 28 years of dedicated service as director of Minority Business Enterprise, Businesswomen's Enterprise, and Equal Employment Officer for the Redevelopment Authority for the City of Philadelphia.
Mr. President, I move for the adoption of the resolution. INTRODUCTION OF BILLS & RESOLUTIONS (Duly seconded.)
Thank you, Councilwoman Miller. All in favor indicate by saying aye. Those opposed say nay. The resolution is adopted. The Chair recognizes Councilman Nutter.
Thank you very much. The Chair recognizes Councilwoman Fernandez.
Mr. President, I have one resolution for introduction today.
The clerk will please read the title of the resolution.
A resolution honoring the members of the Rotary Club of Philadelphia for their superior practice of the Rotary's service-above-self philosophy.
The Chair INTRODUCTION OF BILLS & RESOLUTIONS recognizes Councilwoman Fernandez.
I move the adoption of the resolution. (Duly seconded.)
All in favor indicate by saying aye. Those opposed say nay. The resolution is adopted. The Chair recognizes Councilwoman Tasco.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Ortiz.
On behalf of Mr. Kenney, Councilman Cohen, and myself, I submit one resolution.
The clerk will please read the title of the resolution.
A resolution authorizing the Department of Licenses & Inspections and the law and government to conduct an investigation into the INTRODUCTION OF BILLS & RESOLUTIONS Section 8 housing program, its administration, the condition of Section 8 residential properties, the responsibilities of the landlords to provide appropriate maintenance and services for their tenants, and the other effects of this program on the quality of life for Section 8 tenants and their families.
Mr. President, I move the approval of the resolution. (Duly seconded.)
All in favor indicate by saying aye. Those opposed say nay. The resolution is approved. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Mr. President, I have four bills.
The clerk will please read the titles of the bills. (The Chief Clerk read the titles of the bills introduced by Councilman DiCicco.) INTRODUCTION OF BILLS & RESOLUTIONS
These bills will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
A resolution recognizing and honoring the life and deeds of Mother Teresa.
I move the adoption of this resolution, Mr. President. (Duly seconded.) REPORTS FROM COMMITTEES/CONSIDERATION OF CALENDARS
Members standing will be voting for the resolution. (All Council members stand.)
The resolution is adopted. The next order of business is reports from committees. There are no reports from committees. We then turn to consideration of the bills on the first reading calendar. Are there any bills?
There are no bills, Mr. President, on the first reading calendar.
Mr. President, there are no bills on the second reading and final passage calendar to be called for consideration.
We would SPEECHES like to thank Councilwoman Verna. Are there any speeches on the part of members of the minority? Are there any speeches on the part of members of the majority? The Chair recognizes Councilman Nutter.
Mr. President, I will be very, very brief. The comments made in the paper the other day -
Councilman Nutter, I hate to interrupt you, but I think your microphone isn't working properly. If you would move it up a little closer.
There were some comments made in the paper the other day by the President of the FOP with regard to his reaction to the Mayor's announced proposal to change the Charter to affect the appointment process of various high-ranking officials in the police department and allow the Police Commissioner more latitude in SPEECHES running the department and determining its management structure. And certainly President Costello is entitled to his views on any particular piece of legislation, but I personally felt that he had crossed the line in one regard and talked to a few people about this. And the FOP President said that with this proposal, quote, The police will be reduced to uniformed ward leaders. There are a number of ward leaders, Mr. President, who are actually members of this body, who serve well and serve with distinction. I have no idea what the meaning of these particularly demeaning remarks are. But Mr. Costello, I guess, should be reminded that a couple of people prior to his presidency, who were high-ranking FOP officials, were convicted for corruption, which is what led to his presidency. That on one occasion, at an activity at the FOP headquarters, a near riot broke out and the police department had to be called to quell the disturbance. And, so, rather than shooting from SPEECHES his hip, he should give consideration to some of his own situations and actions in his presidency. And he can have his views on the legislative issues of the day, but I would appreciate it if he would be more mindful in his remarks about people who participate in the political process. Thank you, Mr. President.
Thank you very much. The Chair recognizes Councilman Ortiz.
Mr. President, on the same issue, I think, and a very short statement, I think we have to, if we are going to be truly talking about reforming public safety, and how we are worrying about public safety for the citizens of Philadelphia, I think all issues are going to have to be considered, including a Charter change as it pertains. And not a Charter change the way it was tried to be done during the first years of this Administration's tenure. But I think a Charter change that SPEECHES really focuses on those areas which really can go into reforming and giving the flexibility to the Administration and the manager of certain departments, specifically the police department, and see how these constraints have worked to prevent reforms from taking place, the appointment from being affected, leadership from being successful, and giving both the Mayor and the Commissioner an area in which they can be held accountable for the situation of criminal activity in the city if something is not being done in a successful way. So I think, as I have been looking at all of the things that we have discussed in this chamber, and all of the things that have been done in other places, and the writings that are present on this issue, I think a Charter change is something that we, this Council, has to come to grips with and see at one point, Your Honor, whether it is necessary or not. And if it is, and we believe that it is, I think we should go ahead and put it on the ballot at the appropriate time.
Thank you very much. INTRODUCTION OF BILLS & RESOLUTIONS/MOTION TO ADJOURN At this time the Chair recognizes Councilman Cohen for the purpose of introducing bills and resolutions, if he has any today.
Thank you, Mr. President. I have no bills or resolutions.
Thank you very much. Is there anyone else who wishes to address this body? If not, the Chair recognizes Councilwoman Verna.
Thank you, Mr. President. I would like the record to reflect that a leave of absence is requested for Councilwoman Clark.
At this time I move that Council stand adjourned until Thursday, September the 18th, 1997, at 10:00 a.m.
All in favor of that say aye. MOTION TO ADJOURN Those opposed say nay. The Council will stand adjourned until Thursday, September 19, 1997, at 10 o'clock a.m. (Adjourned at 10:55 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 September 11, 1997, were reported fully and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING _____________________________________ DEBRA A. WHITEHEAD, RPR