COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 401, City Hall Philadelphia, Pennsylvania Thursday, April 13, 2000 10:10 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO 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 FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MARIE HAUSER, CHIEF CLERK VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 INVOCATION
I note that the hour has come and that a quorum of this Council is present. The Council will come to order. Members will take their seats. Visitors will retire to the seats outside the rails. Councilman Clarke, do you want to be recognized? Your light is on.
Thank you. To give our invocation this morning, the Chair welcomes Bishop Andrew Ford, Jr., Pastor of the Ford Memorial Temple. He is here today as the guest of Councilwoman Miller. All members and guests will please rise.
Heavenly Father, we come before you today to say thank you. We thank you for this day that you have made, for it is a day that we shall bless your name and be glad therein. We thank you even, God, for another Council meeting to have brought people from different parts of this great city together to make policy and to do things that would cause the city to rise above the ashes. God, we thank you for our Chairman. We thank you for everyone in their particular places. INVOCATION God, we ask you to continue to smile upon this city. Bless our Mayor and those that are in position to make this city grow like never before. Help us that we would have a spirit of unity that as we come together in this meeting today that when we leave this room, this city will leave a greater place. Touch each neighborhood. Touch each economic situation. Touch the state government that they will turn over the finances that we may be blessed to do a greater work. God, as we stand here today, touch each of our hearts that we not be here for any personal reasons, but our decisions and the decisions that shall be made will be made for the betterment of every community. Bless our children that they shall get a greater education. Bless the homeless that before you come back every man, woman, and child will have a roof over their head. Bless our church community that we may come together in unity to continue to pray for this great caucus. We bless your name and we magnify you in the precious name of Jesus we pray. Now, let the words of our mouth and the meditations of our hearts be acceptable in thy sight, oh, Lord, our strength and our redeemer. This we pray in Jesus name. APPROVAL OF THE JOURNAL Everyone, say Amen. MEMBERS: Amen.
The Chair thanks Bishop Ford 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 March 30, 2000. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of Thursday, March 30, 2000 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 30, 2000, stand approved. All in favor will signify by saying aye. Those opposed, nay. The ayes have it. The motion carries. The Journal of Thursday March 30, 2000 is approved.
The next order LEAVES OF ABSENCE of business is requests for leaves of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On the behalf of the majority, a leave of absence is requested for Councilman Ortiz.
Leave will be granted. The Chair recognizes Councilman Longstreth. Councilman Longstreth, are there any requests for leaves of absence on part of the minority?
I request leave of absence for Brian O'Neill. Councilman O'Neill is out of town.
The Chair thanks the Councilman. Leave will be granted.
The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of Council, I welcome you to our session this morning. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We PRESENTATIONS certainly invite you to come again. Today we are honoring Mr. Russell Buoncuore -- is Councilman DiCicco back in the room? He is not. We will then go on with another presentation. April is Child Abuse Awareness Month, and Council is pleased to commemorate such an important observance this morning. Will Councilwoman Brown and Councilman Clarke please come forward to make this presentation. I would ask Helen Dennis, Executive Director of the Philadelphia Society for Services to Children to also join the Councilmembers. And anyone that's accompanying Ms. Dennis, I would also welcome them to come to the podium. The Chair recognizes Councilwoman Brown.
Thank you, Madam Chair. I'm delighted to join my colleague Councilman Darrell Clarke in what we all know to be or should be a front-burner issue when it comes to protecting the children in the City and throughout the region. And so we are here to declare April as Child Abuse Prevention Month here in Philadelphia. Whereas, child abuse is a community PRESENTATIONS problem and finding solutions depends on involvement of people and organizations throughout our entire community; and, Whereas, child abuse and neglect is of serious broad concern in the nation and in the City of Philadelphia; and, Whereas, if counted in official statistics, child abuse would count for one-fifth of the nation's crime; and, Whereas, more than 30 Philadelphia children, I repeat, 30 Philadelphia children, are reported abused or neglected every day. In 1998, the City Department of Human Services determined that over 1500 young children suffered definite harm as a result of abuse and neglect; and, Whereas, the tragic effects of child abuse can last a lifetime and child abuse or neglect tends to continue from generation to generation. The financial cost to the community of responding to child abuse exceeds $10,000 a year per child; and
Whereas, effective child abuse prevention programs succeed because of partnerships among social service agencies, schools, health care organization, religious and civic PRESENTATIONS organizations, law enforcement agencies, and the business community; and Whereas, all citizens should become more aware of the negative effects of child abuse and its prevention and become active in supporting parents to raise their children in a safe, nurturing environment; and, Whereas, in declaring April Child Abuse Prevention Month in Philadelphia, we call upon all citizens, community agencies, religious and health organizations, corporations and businesses to keep all children safe at home thereby strengthening the Philadelphia community. Now, therefore, be it resolved by the Council of the City of Philadelphia that the City Council of Philadelphia declares April Child Abuse Prevention Month in Philadelphia. Signed, Council President Anna Verna and all Members of Council. (Applause.)
On behalf of the Philadelphia Society for Services to Children whose PRESENTATIONS mission it is to prevent child abuse and to strengthen and sustain families, I thank Council for this resolution and for your caring with us about our City's children and their families. Thank you. (Applause.)
Is there some one else that wants to be recognized?
Hello, I'm Cheryl Ransom, Executive Deputy of the Department of Human Services here for Commissioner Martinez. I'm here to thank you, Council, for this resolution. Child abuse prevention is so important and it's one of the priorities of DHS and we need all of your support in doing that. And we will continue to work hard at this effort to make sure that every child is safe. Thank you. (Applause.)
Today we are also honoring Mr. Russell Buoncuore. Will Councilman DiCicco and Councilman Clarke please come forward to make this presentation. And will the PRESENTATIONS recipient and those accompanying him kindly come forward and join the Councilmen.
Good morning. Today we have a resolution honoring Russell Buoncuore. Whereas, at approximately 8:30 a.m. on February the 10th, eight construction workers were hard at work smoothing concrete onto a ramp that would form part of the underground parking garage at the Regional Performance Art Center.
Whereas, suddenly the grid work supporting the platform on which they were standing collapsed, plunging the eight men 40 feet into pit filled with steel, wood, and 40 tons of fresh concrete; and
Whereas, Russell Buoncuore, a crane operator for nearly 38 years immediately blew the crane's horn to alert other workers of danger; and
Whereas, within minutes, fire trucks, ambulances, police, and other rescue workers convened on the scene working to free the trapped men. Two men were freed by emergency personnel leaving six trapped in the debris. PRESENTATIONS
And, whereas, without hesitation, Mr. Buoncuore swung a 230-foot boom over the hole where a stretcher was attached to the hook. As the men were loaded on the stretcher one at a time, Mr. Buoncuore gingerly and smoothly lifted each man from the hole to the waiting ambulances. One mistake could have shifted the stretcher sending an injured back into the pit; and Whereas, miraculously all eight are expected to make a full recovery. Doctors and city officials credit the quick work of the fire rescue teams and in particular Mr. Buoncuore, calling him a hero. Now, therefore
Resolved by the Council of the City of Philadelphia that we hereby honor and commend Russell Buoncuore for going above and beyond the call of duty. His act of heroism is a shining example of what the Golden Rule means and how we should all respond in moments of danger and stress. Be it further resolved that a engrossed copy of this resolution be presented to Mr. Buoncuore as evidence of the admiration and respect COMMUNICATIONS of this legislative body. Signed by Council President Anna C. Verna, introduced by myself and all Members of City Council. Congratulations. (Applause.)
Good morning. On behalf of my family and myself, I'd like to thank you for the honor and the privilege for being here. And I also think that there's a lot of other people that should probably be here with me, namely, the fellow construction workers and the Philadelphia Fire Department all done a lot of great things that day. And I think it was actually a miracle. They call it miracle on Broad Street, and I think maybe the Good Lord had to do with it, too. Thank you. (Applause.)
The next order of business is communications. The Chair requests COMMUNICATIONS that the Sergeant-at-arms deliver the messages from the Mayor to the Clerk. The Clerk will read the messages from the Mayor.
April 11, 2000. I am pleased to advise you that I have today signed the following bills that were passed by Council at its session on March 30th: Bill No. 000003, 000004, 000005, 000006, 000007, 000008, 000009, 000010, 000012, 000013, 000015, 000017, 000118, 000119, and 000122. And an ordinance amending Section 2 of an ordinance 980897, approved January 5, 1999, entitled an ordinance authorizing revision of lines and grades on a portion of 12th Street and Kovats Street. And to the President and Members of the Council, I'm pleased to advise you that I have today signed the following bills which were passed by Council at its session on March 23, 2000: Bill No. 000082 and 000106. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the Philadelphia for COMMUNICATIONS the redevelopment and urban renewal of a portion of West Mill Urban Renewal Area. And I am transmitting herewith the consideration of your honorable body a draft of a resolution entitled resolution confirming the appointment of Kenneth Trujillo, Esquire, as City Solicitor. And an ordinance creating the West Chestnut Retail Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development. And an ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of a portion of the Germantown Redevelopment Area Wistar Three Urban Renewal Area. And an ordinance authorizing the Philadelphia Authority for Industrial Development, PAID, to purchase a certain 66.4-acre tract of land situate a 4501 Richmond for a consideration not to exceed 3,300,000. And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City COMMUNICATIONS of Philadelphia -- the Authority for Industrial Development without consideration a deed conveying fee simple title to a certain tract of City-owned land situate at 1300, 1302, 1304 Frankford Avenue and subject to the terms and conditions of the Philadelphia Industrial and Commercial Development Agreement between the City, PAID, and the Philadelphia Industrial Development Corporation. An ordinance creating Networks Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development, PAID, for the redevelopment of the Networks Tax Increment Financing District. An ordinance creating South 9th Retail Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development. And an ordinance creating Schmitz Plaza Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development. And an ordinance authorizing the Philadelphia Authority for Industrial Development, PAID, to purchase a certain tract of 18.4-acre tract INTRODUCTION OF BILLS AND RESOLUTIONS of land situate at 3101 East Orthodox Street for a consideration not to exceed 874,500.
The messages will be printed in the Journal. The Clerk will please any other communications in her possession.
The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I have one resolution on your behalf -- I'm sorry. Excuse me, Madam President.
Thank you, Madam President. I move that the Rules of Council be suspended to permit immediate consideration of all resolutions at their time of introduction. INTRODUCTION OF BILLS AND RESOLUTIONS (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 say aye. Those opposed, nay. The ayes have it and the motion is carried. We will now consider a special order of business. A resolution recalling Bill No. 000120. The Chair recognizes Councilman DiCicco.
The Clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 000120 entitled an ordinance amending Section 2 of an ordinance Bill No. 980897 approved January 5, 1999, entitled an ordinance authorizing the revision and grades on a portion of City Plan by relocating a portion of the northerly curb line of INTRODUCTION OF BILLS AND RESOLUTIONS Clover Street between 12th Street and Kovats Street.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and duly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed, nay. The ayes have it. The resolution is adopted. The Clerk will read the letter from the Mayor.
April 13, 2000. To the President and Members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted April 13, 2000, Bill No. 000120 entitled an ordinance amending Section 2 of an ordinance Bill No. 980897 approved January 5, 1999, entitled an ordinance authorizing the revision of lines and grades on a portion of INTRODUCTION OF BILLS AND RESOLUTIONS City Plan No. 307 by relocating a portion of the northerly curb line of Clover Street.
At this time, the Chair recognizes Councilman DiCicco for a motion that Council reconsider the vote by which Bill No. 000120 was passed.
All in favor, let it be known by saying aye. Those opposed, nay. The ayes have it. The Clerk will please read the title of Bill No. 000120.
An ordinance amending Section 2 of an ordinance Bill No. 980897 approved January 5, 1999, entitled an ordinance authorizing revision of lines and grades on a portion of City Plan No. 307 by relocating a portion of the northerly curb line of Clover Street between 12th Street and Kovats Street and relocating a portion of the southerly curb line of Market Street between 12th Street and 13th Street, under certain INTRODUCTION OF BILLS AND RESOLUTIONS terms and conditions.
Aye. INTRODUCTION OF BILLS AND RESOLUTIONS The ayes are 15. The nays are 0. A majority of all Members having voted in the affirmative, the vote by which 120 was passed has been reconsidered. This bill having been approved and reconsidered is now before us. The Chair recognizes Councilman DiCicco for the purpose of introducing an amendment.
Thank you, Madam President. Amendment to Bill No. 000120, add "The Council of the City of Philadelphia hereby ordains." Thank you, Madam President. I offer that as an amendment.
Thank you. Does the stenographer and all Members have a copy of the amendment?
Madam President, just a point of order, it's a technical amendment. The contents of the bill does not change, it's just a technical amendment.
At this time are you moving for the approval of the amendment?
You'll make a INTRODUCTION OF BILLS AND RESOLUTIONS motion.
Madam President, I heard everything that Councilman DiCicco said. Do I understand that there are copies of the amendment floating around somewhere?
While the amendment is being circulated, I just want to see what we can do about clearing up the matter here. This was a bill that had been previously passed, and some human error, I guess, failed to include the language which is typical on all bills that the Council of the City Philadelphia hereby ordains. It is a technical glitch. That's the purpose for the INTRODUCTION OF BILLS AND RESOLUTIONS amendment today. Nothing changes in the contents of the bill, as I stated earlier. This has to do with encroachment on a sidewalk for the Loews Hotel which is now up and running and we have to make it all legal by the language that was left off the original bill.
Thank you. Any questions from any Members? Any Members have any questions on this matter? The Chair again recognizes Councilman DiCicco to make a motion.
Madam President, I move for adoption of the amendment. (Duly seconded.)
It has been moved and properly seconded that the amendment be adopted. All in favor will signify by saying aye. Those opposed. The ayes have it. The motion is carried. The bill, as amended, will be printed and placed on the Final Passage Calendar for our next meeting. INTRODUCTION OF BILLS AND RESOLUTIONS The Chair recognizes Councilman Kenney for the purpose of introducing any bills or resolutions.
Thank you, Madam President. On behalf of Councilmember Ortiz who is absent, I offer one privilege resolution.
The Clerk will please read the title of the resolution.
A resolution recognizing April 30, 2000 El Dia de Los Ninos, Children's Day, in the City of Philadelphia.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed, nay. The ayes have it. The motion is carried. The Chair recognizes Councilwoman INTRODUCTION OF BILLS AND RESOLUTIONS Blackwell.
Madam President, this morning I have one bill on your behalf and one bill and resolution on my own behalf.
The Chief Clerk will please read the first bill.
An ordinance creating the West Chestnut Retail Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development.
This bill will be referred to appropriate committee. The Chief Clerk will please read the title of the second bill.
The Clerk will please the title of the first resolution.
A resolution confirming the appointment of Kenneth I. Trujillo, INTRODUCTION OF BILLS AND RESOLUTIONS Esquire, as City Solicitor.
This resolution will be referred to the appropriate committee.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for redevelopment urban renewal of West Mill Creek Urban Renewal Area.
Thank you, Madam President. I move the adoption. (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. The motion is carried. The Chair recognizes Councilman Cohen.
Madam President, I offer one resolution which I'm going to ask a vote INTRODUCTION OF BILLS AND RESOLUTIONS since it deals with two committees.
A resolution authorizing a full and comprehensive joint investigation by Council's Committees on Law and Government and Commerce and Economic Development of the allegations raised in the PICA and Controller's Office report concerning the economic stimulus program and the use of quasi-governmental bodies to distribute public funds to private for-profit enterprises.
Councilman Cohen, you're asking for a roll call vote.
Aye. The ayes are 14. The nays are 1. The resolution will be referred to the appropriate committees. The Chair recognizes Councilwoman Krajewski.
The Chair thanks the Councilwoman. The Clerk will please read the title of the first bill.
An ordinance amending Section 2 of an ordinance Bill No. 980547, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 187 by striking from the City Plan and vacating a legally open portion of Belgrade Street from Butler Street to Castor Avenue.
This bill will be referred to the appropriate committee.
An ordinance INTRODUCTION OF BILLS AND RESOLUTIONS authorizing the Philadelphia Authority for Industrial Development to purchase a certain 18.41-acre tract of land situate at 3101 East Orthodox Street.
The bill will be referred to the appropriate committee.
An ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain 66.4-acre tract of land situate at 4501 Richmond Street for a consideration not to exceed $3 million.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the resolution.
A resolution declaring the week of April 24th through April 30th as the anniversary of the end of the Vietnam War Commemoration Week in Philadelphia.
The Chair recognizes Councilman Mariano. INTRODUCTION OF BILLS AND RESOLUTIONS
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed, nay. The ayes have it. The motion is carried. Councilman Rizzo, you have your light on.
Yes, Madam President. Madam President, there's a resolution that's going to be read. I have to abstain from voting on the resolution. I'm affiliated with a corporation that owns a religious broadcast station that may be applying for license renewal.
Councilman Rizzo, at the time of the vote you can merely say that you're abstaining and say why.
Okay. I was directed by Counsel to do it before the resolution was read.
No, it's not necessary to do it before, sir. Thank you. INTRODUCTION OF BILLS AND RESOLUTIONS The Clerk will please read the title of the resolution introduced by Councilwoman Tasco.
A resolution calling on the Federal Communications Commission to continue to permit the broadcast of religious and spiritual radio and television programs.
Thank you, Madam President. I'd like to speak on the resolution. I move for the adoption of the resolution first.
I introduced this resolution to allow our City Councilmembers to go on record as opposing any attempt to restrict religious broadcasting on radio and television. This attempt by the same organization that succeeded in banning the reading of the Bible and conductive prayer in our nation's schools seeks to prohibit the reading of the Bible on the airways and of our country and it seeks also to eliminate all seasonal programing of Christmas theme songs and music from the airways, public schools, and office buildings. And also if INTRODUCTION OF BILLS AND RESOLUTIONS it is affirmed this petition now contains 287,000 signatures and will prohibit all Sunday worship services and limit the content of all other programs. When we speak of family and social values, we must protect the freedom of speech. This is what I believe we ought to protect, the right of people to express themselves and also practice their belief and spiritual activities. I am asking all Councilmembers to write to protest this petition and any of our listening audience to also protect the right of free speech. Thank you very much.
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?
Councilman Rizzo. INTRODUCTION OF BILLS AND RESOLUTIONS
Madam President, I have to abstain from voting on this resolution. I'm affiliated with a corporation that owns a religious broadcast station that may be applying for license renewal presently before the Federal Communications Commission.
The ayes are 14. The nays are one. The motion are carried. The Chair recognizes Councilwoman Miller.
Madam President, I offer two resolutions and one bill.
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 a portion of the Germantown Redevelopment Area Wistar Three Urban Renewal Area being the area generally bounded by Wakefield Street, Baynton Street between Wistar Street and Shedaker Street.
The bill will be referred to the appropriate committee. The Clerk INTRODUCTION OF BILLS AND RESOLUTIONS will please read the title of the first resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia without consideration deeds conveying fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon in the 13th and the 22nd Wards of the City of Philadelphia.
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. The motion is carried. The Chief Clerk will please read the title of the second resolution introduced by Councilwoman Miller. INTRODUCTION OF BILLS AND RESOLUTIONS
A resolution declaring Saturday, April 22, 2000, Sultan Jahad Hamad (ph) Scholarship Fund and Keystone Mercy Health Plan 2000 Family Walk for Peace Day.