COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, February 20, 2003 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O, INCORPORATED LITIGATION SUPPORT SERVICES Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Marcia Dyson of Chicago's Trinity United Church of Christ. Rev. Dyson is a research associate at the University of Pennsylvania and is here today as the guest of Councilman Goode. Members and guests will please rise. REV. DYSON: Thank you. Good morning. I'm so glad to be here. And thank you, President Verna, for extending that great invitation and Wilson Goode's office for sending an invitation for your opening address. As a woman from the City of Chicago, you know, we're a big city and we have a model that we are a city that work. I used to be the former public information officer for the Mayor's Office of Special Events and that's city worked well. We had a lot of men in that City. But what I like about Philadelphia, though it's a city of brotherly love, women that make that love-power work, so I compliment the City. (Applause.) REV. TYSON: And from the representation of women in powerful places. And at this time, we can bow our heads in prayer. Gracious heavenly God, we thank you for this day, this day of gathering of these great law-makers, especially the time when our nation is on the brink of war and that terrorism seems to pervade the land. Even though that's a national reality, an international reality, here in the City of Philadelphia, let there been no warring among the Councilmen, let the needs of the people be first and foremost in their hearts and minds. This must be a City without borders. There are no lines drawn, no political lines drawn because lines drawn means lines dividing. Let the City be unified in truth, justice, and equality. Bless the wisdom of these people to do the best for every man, woman, and child. Let us put aside our democratic or republican ethics and see the needs first and foremost, God, of the people. Bless those who have rule, you said, in your word over the people. So we the Councilmen and Councilwomen and let there first be peace here in Philadelphia in the City Council meeting. Let of the things that have not been done that benefit all people be done. Let race not be a deciding factor, let party lines not be the deciding factor; but let quality and justice and harmony and peace rule and reign today. I thank you for what the Mayor has done. And please, God, bless him. And I pray for this councilwoman and her direction over these wonderful people. Keep us as we pray not only for ourselves, not for the City of Philadelphia only, but the decision-makings that have taken place in every City Council today, the decision-making that's taking place in our White House, the decision-making that is taking place in the United Nations, and the decision-making that is taking place all the international countries today regarding our situation in Iraq. Let there first and foremost be the declaration of Christ, and that is, "Peace be with you." Amen.
The Chair thanks Rev. Dyson for her very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, February 13, 2003. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 13, 2003, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, February 13, 2003 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. And the Journal of the meeting of Thursday, February 13, 2003, has been approved. The next order of business is requests of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. 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, leave of absence is requested for Councilman Thacher Longstreth.
Thank you. 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 City Council, I welcome you to our 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. At this time, the Chair recognizes Councilman Rizzo.
Thank you, Madam President, we're all aware that in Philadelphia we have a State Police Barrack, Troop K located out on Belmont Avenue. And today with me is Trooper Christopher L. Paris. He's the community service officer here in Philadelphia with the Pennsylvania State Police. So I'd like to introduce Trooper Paris and give him an opportunity just to say hello. (Applause.)
Good morning and welcome. TROOPER PARIS: Thank you, ma'am. Thank you, Councilman Rizzo. As he said, my name is Trooper Chris Paris, I'm a community services officer over at the Belmont Barracks which is the Troop K headquarters. It's my pleasure to be here today. We have a new troop commander as of last August, Captain Robert Dupree. He's very supportive of our efforts in the community relations and community services division to get out there and let people know that we're out there providing services to people in the Commonwealth. So I welcome the opportunity to come here today. It's my pleasure AND RESOLUTIONS thank to you all and I look forward to the business of day, sitting in. Thank you. (Applause.)
The next order of business is communications. The Chair recognizes the Sergeant-at-Arms for the purpose of delivering the messages from the Mayor to the Chief Clerk. The Clerk will please read the messages from the Mayor.
Thank you. Does the Clerk have any communications at all in her possession?
Thank you. The next order is the introduction of bills of resolutions, and the Chair recognizes Councilwoman Blackwell.
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 the introduction. (Duly seconded.) AND RESOLUTIONS
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. (Aye.)
The ayes have it. The motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one bill and one privileged resolution which I would like to say a few words about.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Title 14 of the Philadelphia Code entitled, "Zoning and Planning," to add a section requiring Zoning Board of Adjustment Certificate to operate a telemarketing AND RESOLUTIONS business, under certain terms conditions.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution.
And resolution honoring the memory of Octavius V. Catto and commending the establishment of the O.V. Catto Fund.
I move for the adoption of the resolution. (Duly seconded.)
Yes. Thank you, Madam President. I introduce this resolution today after a number of years ago reading an article in the Pennsylvania Historical Gazette -
Is the Sergeant-of-Arms by the door? Please have the people come into the room. Anybody having private conversations, do so in the corridor, please.
Thank you, Madam AND RESOLUTIONS President. After reading this article about the life of O.V. Catto, it became clear that myself, having gone through school and being educated in the parochial school system, going to high and college had never heard this man's name before. And the more research that I did about his life, it was very clear to me that this is perhaps one of the most historic figures in the City's history, probably the Martin Luther King of his day. A person who fought in the Civil War to free slaves and keep the Union together, was a major in the Civil War, established the first school for black youth in the City of Philadelphia, was a political leader, a member of the Union League and basically a war hero. Two things that he did in Philadelphia which I think was the most important is that he integrated the trolley car system in Philadelphia. And Philadelphia at the time, blacks and people who were non-whites were not able to drive on public transportation. Not only were they not permitted to sit in the front of the bus, they weren't allowed to sit in the bus at all. He broke that barrier and had a law passed in Philadelphia which allowed for integration of the trolley car system. AND RESOLUTIONS Through his political activities, he became more involved in getting African-Americans registered to vote. And during the election of 187,1 just steps from his front door, party thugs who were keeping blacks from going to the polls put two bullets into his back. It was the largest funeral in Philadelphia's history. He was given full military honors in the funeral and he was buried in South Philadelphia, which is where now Girard Estate stands. It was a housing development that took the cemetery away and his grave became unmarked and fell in disarray, houses were built on it and we really don't even know where he's buried today. So in addition to honoring him in the Council by resolution appropriately in February, Black History Month, we have established a non-profit organization, the O.V. Catto Memorial Fund in an effort to raise private dollars to appropriately memorialize this man's life, either in statue or in some form of appropriate memorial. We are putting together a board of directors now, almost completed. Anyone who would like to help or be involved, we'd be happy to hear put you into the AND RESOLUTIONS organization. I think it's very important, especially during Black History Month that we become aware of the people in our country and in our City that have helped make this City a great place. And I said earlier when I first started speaking that I didn't know about these people. And I think it's important, not only for African-Americans to know about their history, but others to know about black history in Philadelphia and the nation because that's the only way we will really understand and appreciate each other's heros. I mean, I never knew about Absalom Jones and Richard Allen and O.V. Catto, and the Tuskegee Airman and others that are just kind of ignored in history. So I think that this would be a great effort for Philadelphians, people in the region to come together and to recognize perhaps, as I said, one of the most heroic and historic figures in the City's history that today no one knows about. So I appreciate my colleagues support on the passage of the resolution and their support going forward in helping to establish this memorial. Thank you.
Thank you, AND RESOLUTIONS Councilman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. The O.V. Catto school is in my district. And for years, I would hear Lu talk about Octavius V. Catto. And Lucien went around telling kids, you know, instead of feeling that they were going to a school for, quote/unquote, bad kids, he told them about the life of this great man and how proud they should be. It's now like Bartram Human Services and one of the schools where the Weiss family gave money to kids to further their education. And Lu told a long story about this man's life and how he was threatened that if he went out to vote, if he came out on voting day that they would make sure that he was killed. And in fact, he stood up for the rights of people, went to polls and was, in fact, killed. But he fought for the rights of all people. And certainly, I am proud that he is being honored in this way today and certainly commit myself to participation and contribution to establish this memorial fund. Thank you, Madam President. AND RESOLUTIONS
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell.
Madam President I have no bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Cohen.
Madam President, I offer one resolution for which a vote is required.
Yes, it was distributed this morning. It was prepared late this morning, but I learned of the situation that the resolution deals with. It's been circulated to all AND RESOLUTIONS Members of the Council. I believe it's a non-controversial one, aimed at just determining the facts as to why there is no contract that's been reached between the Housing Authority and four of its major unions. And it authorizes holding a hearing to determine it and, hopefully, to help produce contracts satisfactory to both management and labor.
The Clerk will please read the title of the resolution.
A resolution authorizing the City Council Committee on Law and Government to hold hearings to investigate the failure of the Philadelphia Housing Authority and four union locals, AFSCME District Council 47, Locals 2186 and 2187; AFSCME District Council 33, Local 934; and Fraternal Order of Housing Police to negotiate new contracts and authorizing the Chairperson of the committee in furtherance to such investigation to issue subpoenas or other process the chairman deems necessary.
Madam President, I AND RESOLUTIONS move the adoption of the resolution. (Duly seconded.)
It has been moved seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
Madam President, it's not a matter of referral of the resolution to the committee. The resolution is self-enforcing. It authorizing the calling of hearings to determine the reason for the absence of the successful negotiated final contracts and hopes to move in the direction of achieving those contracts. So there's no need to send it to any committee. It automatically authorizes the Law and Government to hold the hearings.
I will forward AND RESOLUTIONS this to the appropriate committee.
You're welcome, sir. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
The Clerk will please read the title of the resolution.
A resolution recognizing and AND RESOLUTIONS honoring the work of Philadelphia Cares to bring attention and rally people to alleviate poverty during Anti-poverty Action Week, designated February 16 through 22, 2003.
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 say aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown. AND RESOLUTIONS
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman DiCicco.
The Clerk will please read the title of the bill.
An ordinance amending Section 14-1610 of the Philadelphia Code, entitled "Old City Residential Area Special District Controls," by providing that telemarketing is a prohibited use within the district, under certain terms and conditions.
This bill will be referred to the appropriate committee. AND RESOLUTIONS The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one bill and one related resolution.
The Clerk will please read the title of the bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 8-200 and 8-201 of the Philadelphia Home Rule Charter relating to contracts and concessions for which competitive bidding is required 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 AND RESOLUTIONS the resolution.
A resolution proposing an amendment to 8-200 and 8-201 of the Philadelphia Home Rule Charter relating to contracts and concessions for which competitive bidding is required in providing for the submission of the amendment to the electors of Philadelphia.
Move for the adoption of the resolution. (Duly seconded.)
I'm sorry. That will simply be referred to the appropriate committee.
I take my resolution adoption request back, and Councilman DiCicco takes back his second.
Madam President, I have two resolution, but the one that is honoring the National Guard is cosponsored by Councilwoman Mariano and Councilwoman Joan Krajewski. AND RESOLUTIONS
The Clerk will please read the title of the resolution.
A resolution honoring and commending the various Philadelphia area base National Guard units upon the return home after a year of dedicated service protecting the interest of the United States of America abroad.
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 will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Clerk will please read the title of the second resolution.
A resolution recognizing and State agencies and entities for the immediate effective and unrelenting efforts in the removal of snow from the streets and public rights of way in the City of Philadelphia during the blizzard of 2003.
Madam President, I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the motion carries. Our next item of business reports from committees. The Chair Councilwoman Krajewski for a report from the Committee on Appropriations.
Thank you, on Appropriations reports one bill out with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Appropriations to which was referred Bill No. 030007, entitled an ordinance authorizing transfers in appropriation for Fiscal Year 2003 from the General Fund, certain or all City offices, departments, boards, and commissions and from Grants Revenue Fund, Director of Finance to be allocated to the General Fund, certain or all offices, departments, boards and commissions, respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. I move that the Rules of Council be suspended so as to permit first reading this day of Bill 030007. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit this day of Bill No. 030007. All in favor will indicate by saying aye. (Aye.)
The ayes have it. And the bill just read will be placed on today's First Reading Calendar. At this time, the Chair recognizes Councilman Cohen for a report from the Committee on Law and Government.
Madam President, I offer the report of the Committee on Law and Government.
Thank you. The Clerk will please read the report.
To the President and Members of the Council of the City of Philadelphia, the Committee on Law and Government to which was referred Bill No. 020728, entitled an ordinance 21 of the Philadelphia Code, entitled "Miscellaneous," by adding provisions requiring members of boards and commissions of the City of Philadelphia to conduct certain of their deliberations, including deliberations with respect to adjudications pending before the Board of Commissions only at meetings open to the public, with certain exceptions and under certain terms and conditions, respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. Bill No. 020728 will be placed on the First Reading Calendar for our next Session of Council. That concludes reports from committees. Our next order of business is the consideration of the Calendar. And the Clerk will please read the bills on the First Reading Calendar.
Bill No. 030007, an ordinance authorizing transfers in appropriation for Fiscal Year 2003 from the General Fund, certain or all City offices, departments, boards and commissions, and from the Grants Revenue Fund to be allocated to the General Fund, certain or all City 2/20/03 - STATED - 2ND READING AND FINAL PASSAGE office, departments, boards and commissions.
The Chair agrees. The bill just read by the Clerk will be placed on the Second Reading and Final Passage Calendar for our next Session. That concludes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today Bill Nos. 020634, 020763, 020732, 020759 and 030025 are being called up for second reading and final passage. All other bills are being held.
Thank you. The Clerk will please read the title of Bill No. 020634.
An ordinance amending Title 4 of the Philadelphia Code by amending requirements applicable to vacant premises, all under certain terms and conditions. 2/20/03 - STATED - 2ND READING AND FINAL PASSAGE
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020763.
An ordinance amending Title 12 of the Philadelphia Code, entitled "Traffic Code," to revise the penalties for certain parking violations, revise the fees for booting, towing, and storage of certain immobilized and impounded vehicles, prohibit a vehicle owner from the parking his or her vehicle on a public highway without a 2/20/03 - STATED - 2ND READING AND FINAL PASSAGE valid certificate of inspection and provide the penalty for such a violation and make certain technical changes, all under certain terms and conditions.
Thank you, Madam President. Madam President, I just wish to inquire of the Chair with regard to Bill 020763, I believe it's my recollection that this bill is anticipated to not only increase a variety of fees or fines, but also is a part of the Five-Year Plan as laid out or as we received it, I believe, on January 28th, and that there are certain revenues that are anticipated to be generated to help the City in the course of the current anticipated Five-Year Plan deficit; is that the correct understanding of the that bill.
Well, I think given 2/20/03 - STATED - 2ND READING AND FINAL PASSAGE our fiscal situation, as the Mayor is working with us to try to put together a plan to support the City, it would be under those circumstances and given its importance in the Five-Year Plan that I would expect to vote in support of this particular bill. But I wanted to make sure that this bill is a part of the revenue projections as a part of our current Five-Year Plan.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. 2/20/03 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 15, the nays are 1. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020732.
An ordinance amending Title 4 of the Philadelphia Code by adding provisions relating to the maintenance of exterior property areas.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Councilman Goode. 2/20/03 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 16, the nays are 0. A 2/20/03 - STATED - 2ND READING AND FINAL PASSAGE majority of all Members of Council having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020579.
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a lease with Citizens Bank of Pennsylvania to lease from Citizens Bank of Pennsylvania certain parcels of ground, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in 2/20/03 - STATED - 2ND READING AND FINAL PASSAGE the affirmative, the bill passes. The final bill to be called for consideration is Bill No. 030025.
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to accept from the School District of Philadelphia conveyance of a title to a certain parcel of land located at 11th and Venango Streets, formerly the site of Richard Wright Elementary School under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Councilman Goode. 2/20/03 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 16, the nays are 0. A of Council having voted in the affirmative, the bill passes. That concludes our Calendar. Are there any speeches on the part of minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilman Cohen.
Madam President, I just wish to note for the record that approximately two weeks ago I called to the attention of this body and of those people present at the time of the conduct of the Daily News and KYW with respect to their giving large amounts of advertising to the Cash Today proposals which is a very serious form of predatory lending. I wanted to report that before the day was over, KYW called my office to announce that they were immediately discontinuing the matter, they thanked us for bringing the matter to their attention. However, with respect to the Daily News, I have to report to the contrary. They apparently have, if anything, increased the size of the Daily News there's a huge ad saying, "Need cash. Don't wait until pay day. Get cash today with an advance up to $400 on your next paycheck." The loans are being financed, the advertiser makes clear, by the County Bank of Rohoboth Beach, Delaware. That is the bank that is the most active in this field of predatory lending. It's the new effort in which the interest rates can be as high as high 1,040 percent. Imagine that, an interest rate of over 1,000 percent being charged for pay day loans. If you borrow $500, you have to repay it within one week, and the interest rate for that week is 20 percent, 100 percent. It's absolutely a disgrace that one of two Philadelphia newspapers is encouraging that and taking these huge ads and in a sense profiteering as part of the predatory loan operation. I certainly urge the Daily News to reconsider its position and to act on behalf of the consumers and not to give support to the predatory loan procedures. Thank you, Madam President.
You're welcome other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Madam President, I move that Council stand adjourned until Thursday, February 27, at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, February 27, 2003. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you very much. (Council 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 February 20, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public