COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Tuesday, 1/23/01 10:15 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE 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, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 GREETING/INVOCATION P R O C E E D I N G S
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, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Father Michael J. Lee, Pastor of St. Gabriel's Roman Catholic Church. Father Lee is here today as my guest. Members and guests will please rise. (All rise.)
Lord, God, our creator and redeemer, we ask Your special blessings on this meeting of City Council, who have gathered here as they look after the affairs of our city. The Lord came to the synagogue and opened the scroll and read from the scriptures. He said, "The spirit of the Lord is upon me to bring tidings to the poor, liberty to captives, sight to the blind, and the oppressed to go free." Who are the poor, who are the captives, the blind and the oppressed in our city? Those GREETING/INVOCATION living well below the poverty level, those held captive in many forms of addiction or are in prison and in need of help, those blind to the beauty of life around them and who are unable to find peace and justice, blinded by the sin of prejudice, unable to see the goodness in their neighbor. The oppressed living in fear as seniors afraid to leave their homes or open their doors to a stranger. May all of us gathered here this morning be aware of the challenge we have of reaching out to the poor, captive, blind and oppressed of our city. May this year, 2001, be the year of favor mentioned by the Lord, and may all of those in need find a welcoming hand and a willing heart to help them. Where there is hatred, love, injury, pardon, doubt faith, despair, hope, darkness, light and sadness, let there be joy. Be with us, Lord, in the weeks, months, and years ahead. And we ask this through Christ, our Lord, amen. ALL: Amen.
The Chair thanks Father Lee for his inspiring invocation. Council will be at ease. (Council stands at ease.)
The next order of business is the approval of the Journal of Thursday -- I'm sorry, Wednesday, December 20, 2000. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of Wednesday, December 20, 2000 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Wednesday, December 20, 2000 stand approved. All those in favor will signify by saying aye. Those opposed, nay. The ayes have it, and the Journal of Wednesday, December 20, 2000 has been approved. LEAVES OF ABSENCE
The next order of business is requests from leaves of answer, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. A leave of absence is required for Councilman Cohen.
The Chair thanks the Councilwoman. Leave will be granted. 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 in us chambers this morning. On behalf of all members of City Council, I welcome you to our Council session today. We appreciates your taking the time to join us as we attend to the legislative VISITOR RECOGNITION affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilwoman Blackwell to recognize a very special guest in the audience.
Thank you, Madam President. Councilwoman Bea Gaddy, who's just walking in the room from Baltimore, who works very hard with homeless people there, is our guest. She wanted to come to Philadelphia, and we thought there could be no better day than to meet the Mayor and members of Council than during this budget presentation. Councilwoman Gaddy.
Councilwoman, we welcome you. Please stand so that we can recognize you. (Applause.)
Madam President, I neglected to mention that she is accompanied by my godson and goddaughter, Theodore Williams, and his wife, Joy, who have a youth organization, Directions for Adolescents in VISITOR RECOGNITION Transition, from Baltimore.
All right. If they would stand, we would be happy to recognize them.
Thank you and welcome. In keeping with a practice established over the years, we have many distinguished visitors here today who are elected officials, heads of departments, boards and commissions, and many representatives of the Administration. Although I would like to single out each of you, owing to the constraints of time today, we are unable to mention each dignitary by name. Please know that we deeply appreciate your being with us. We want to extend a warm welcome and offer our thanks for all of the good work you do. At this time, I would like our distinguished guests, elected officials, and representatives of the Administration to please stand so that we may acknowledge them with a round COMMUNICATIONS of applause. Would you all please stand. (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.
To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that today I have signed all of the bills that were passed by Council at its session on December 7th, except 000355. And I am pleased to advise you that I have signed all of the following bills that passed at the Council session on December 20th. And I have signed all of the bills that were passed at the Council session on December the 14th. And I am transmitting herewith for the introduction and consideration of your honorable body the following resolution: a resolution COMMUNICATIONS concurring the finding of the Philadelphia Gas Commission that the Philadelphia Gas Works has submitted an adequate five-year financial and management plan. And I am submitting four resolutions appointing members to the Board of Directors of the South Street Head House District of Philadelphia and two resolutions reappointing current members to the Board of Directors of the South Street Head House District of Philadelphia. And a resolution providing for the approval by the Council of the City of Philadelphia a revised five-year plan, financial plan, for the City of Philadelphia covering fiscal years 2002 through 2006. And I am transmitting herewith for the consideration of your honorable body the following ordinance: An ordinance adopting the operating budget for fiscal year 2002; And an ordinance amending Chapter 19-2600 of the Philadelphia Code, entitled "Business Privilege Taxes," by decreasing the rates of the tax based upon gross receipts; COMMUNICATIONS And an ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled "Wages and Net Profits Tax," by decreasing the rates of the tax; And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1804; And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1801; And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806; And an ordinance authorizing transfers in appropriations for fiscal year 2001 from the General Fund certain or all the City offices to the General Fund certain or all City offices, departments, boards, and commissions; And an ordinance authorizing transfers in appropriation for fiscal year 2001 from the Grants Revenue Fund - the Director of Finance to the Hotel Room Rental Tax Fund - the City Representative and the Director of Commerce; And an ordinance authorizing transfers COMMUNICATIONS in appropriation for fiscal year 2001 within the Aviation Fund from certain or all City offices, departments, boards, and commissions to certain and all City offices, departments, boards, and commissions; And an ordinance to adopt a capital program for the six fiscal years 2002 to 2007, inclusive; And an ordinance to adopt a fiscal 2002 capital budget.
The messages will be printed in the Journal. The clerk will read any other communications in her possession.
The next order of business, then, will be the introduction of bills and resolutions. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council INTRODUCTION OF BILLS, RESOLUTIONS be suspended in order to permit 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 will signify by saying aye. Those opposed, nay? The ayes have it and the resolution has been adopted. At this time, we will consider a special order of business, a resolution recalling Bill No. 000355. The Chair recognizes Councilman Nutter.
The clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 000355, ordinance amending Chapter 21-1400 of the INTRODUCTION OF BILLS, RESOLUTIONS Philadelphia Code," entitled "Entitled Tax Increment Financing Districts," by providing for certain additional requirements for Tax Increment Financing District project plans relating to a certification statement, good-faith efforts to provide employment opportunities for youth and to provide contracting and employment opportunities for minority, female, and disabled enterprises and individuals, and the filing of certain documents, all under certain terms and conditions, for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has INTRODUCTION OF BILLS, RESOLUTIONS been adopted. The clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia: I am returning herewith as requested by your resolution adopted January 23, 2001, Bill No. 000355, an ordinance amending Chapter 21-1400 of the Philadelphia Code, entitled "Entitled Tax Incremental Financing Districts," by providing for certain additional requirements for Tax Increment Financing District project plans relating to a certification statement, good-faith efforts to provide employment opportunities for youth, and to provide contracting and employment opportunities for minority, female, and disabled business enterprises and individuals, and the filing of certain documents, all under certain terms and conditions, for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
The Chair recognizes Councilman Nutter for a motion that the City Council of Philadelphia recall -- or INTRODUCTION OF BILLS, RESOLUTIONS reconsider the vote by which Bill No. 000355 was passed.
All those in favor will signify by saying aye. Those opposed? The ayes have it, and the clerk will 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 motion carries, and the vote by which Bill No. 000355 was passed has been INTRODUCTION OF BILLS, RESOLUTIONS reconsidered. This bill will be placed on the second-reading and final-passage calendar for our next Council session. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The clerk will please read the title of the resolution.
A resolution declaring February 14, 2001 as "Firefighters Recognition Day."
I move the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed, nay. The ayes have it and the resolution has INTRODUCTION OF BILLS, RESOLUTIONS been adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning, I introduce two resolutions. In addition to that, I introduce five resolutions on your behalf and three bills.
The clerk will please read the title of the first two resolutions.
A resolution unsung heroes involved in helping the Mill Creek community cope with the Lex Street massacre and who continue to help this community heal.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. INTRODUCTION OF BILLS, RESOLUTIONS Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the second resolution.
And 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 6, 51st, and 60th Wards of the City of Philadelphia.
Madam President, I move the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution INTRODUCTION OF BILLS, RESOLUTIONS has been adopted. Do you have five bills to be introduced? (Chief Clerk nods.)
Madam President, I have three bills and five resolutions.
The clerk will please read the title of the first bill.
An ordinance to adopt a capital program for the six fiscal years 2002 to 2007, inclusive.
This bill will be referred to the appropriate committee.
This bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-2600 of the Philadelphia Code, entitled "Entitled Business Privilege Taxes," by decreasing the rates of the tax based upon gross INTRODUCTION OF BILLS, RESOLUTIONS receipts.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by decreasing the rates of the tax.
This bill will be referred to the appropriate committee.
And a resolution providing for the approval by the Council of the City of Philadelphia of a revised five-year financial plan for the City of Philadelphia, covering fiscal years 2002 through 2006, and incorporating proposed changes with respect to fiscal year 2001.
The resolution will be referred to the appropriate committee.
And a resolution approving the Eagles lease and development agreement between the Philadelphia Eagles Limited Partnership and the Philadelphia Authority for Industrial Development for the Eagles football INTRODUCTION OF BILLS, RESOLUTIONS stadium project.
The resolution will be referred to the appropriate committee.
And a resolution disapproving the Eagles lease and development agreement between the Philadelphia Eagles Limited Partnership and the Philadelphia Authority for Industrial Development for the Eagles football stadium project.
This resolution will also be referred to the appropriate committee.
And a resolution approving the Phillies between the Phillies lease and development agreement between the Phillies and the Philadelphia Authority for Industrial Development for the Phillies baseball ballpark project.
The resolution will be referred to the appropriate committee.
And a resolution disapproving the Phillies lease and development INTRODUCTION OF BILLS, RESOLUTIONS agreement between the Phillies and the Philadelphia Authority for Industrial Development for the Phillies baseball ballpark project.
This resolution will also be referred to the appropriate committee. Are there any others Pat?
Thank you. The Chair recognizes Councilwoman Krajewski.
Thank you. The clerk will please read the title of the first bill.
An ordinance adopting the operating budget for fiscal year 2002.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for fiscal year 2001 within the Aviation Fund from certain or all City offices to certain or all City offices. INTRODUCTION OF BILLS, RESOLUTIONS
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for fiscal year 2001 from the General Fund certain or all City offices to certain or all City offices.
The 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. 57 by striking from the City Plan Eadom Street from Pratt Street to Granite Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk Sales," by permitting sidewalk sales in the 6th Councilmatic District by owners or tenants of the abutting buildings, under certain terms and conditions.
The bill will be referred to the appropriate committee. And the Chair recognizes Councilman INTRODUCTION OF BILLS, RESOLUTIONS Mariano.
Madam President, I have one bill and two resolutions.
Thank you. The clerk will please read the title of the bill.
An ordinance amending Chapter 9-700 of the Philadelphia Code, entitled "Amusement Businesses," by adding a new section implementing provisions of the Local Options Small Games of Chance Act under which license may be issued to eligible organizations to conduct or operate small games of chance in the City, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution honoring the Philadelphia Eagles on the completion of a successful seesson and for their successful efforts in the post season.
I move for the adoption. INTRODUCTION OF BILLS, RESOLUTIONS
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the title of the second resolution.
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 7th, 18th, 19th, and 23rd Wards of the City of Philadelphia.
Madam President, I move for the adoption. (Duly seconded.)
It has been INTRODUCTION OF BILLS, RESOLUTIONS moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution has been adopted. The Chair recognizes Councilwoman Tasco.
The clerk will please read the title of the resolution.
A resolution concurring in the finding of the Philadelphia Gas Commission that the Philadelphia Gas Works has submitted an adequate five-year financial and management plan.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be INTRODUCTION OF BILLS, RESOLUTIONS adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution has been adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer one resolution and three ordinances.
The clerk will please read the title of the first bill, please.
An ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-18 06.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "Entitled School Tax Authorization," by amending Section 19-1801. INTRODUCTION OF BILLS, RESOLUTIONS
This 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.
The bill referred to the appropriate committee. The clerk will please read the title of the resolution.
And 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 by adopted. All those in favor will signify by INTRODUCTION OF BILLS, RESOLUTIONS saying aye. Those opposed? The ayes have it, and the resolution has been adopted. The Chair recognizes Councilman Nutter.
The clerk will please read the title of the resolution.
A resolution congratulating Reverend Jesse F. Anderson, Jr. on the occasion of his retirement for his 40 years of service in the Episcopal Church of America.
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution INTRODUCTION OF BILLS, RESOLUTIONS has been adopted. The Chair recognizes Councilwoman Brown.
Thank you. The clerk will please read the title of the bill.
An ordinance amending Section 14-203 of the Philadelphia Code, entitled "R-2Residential District," to expand the number of children allowable in a family day care operation, under certain terms and conditions.
This bill will be referred to the appropriate committee. The clerk will please read the title of the first resolution.
A resolution honoring INTRODUCTION OF BILLS, RESOLUTIONS and commending Delta Sigma Theta Sorority, Incorporated for their dedication to providing services and programs that promote human welfare.
It has been moved and properly second that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution has been adopted. The clerk will please read the title of the second resolution.
Thank you. I move for the adoption. INTRODUCTION OF BILLS, RESOLUTIONS (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Goode.
Thank you. The clerk will please read the title of the resolution.
A resolution honoring Jay William Mills, III and PNC Financial Service Group for their commitment to the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.) INTRODUCTION OF BILLS, RESOLUTIONS
It's been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Ortiz.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam Chair. I offer two resolutions, one being introduced on your behalf and all members of City Council.
Thank you. The clerk will please read the title of the first resolution.
A resolution designating January 28, 2001 through February 2, 2001 as "Catholic Schools Weeks" in the City of INTRODUCTION OF BILLS, RESOLUTIONS Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the title of the second resolution.
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 5th, 25th 31st, and 39th Wards of the City of Philadelphia.
I move for the INTRODUCTION OF BILLS, RESOLUTIONS adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? I ayes have it and the resolution has been adopted. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam Chair. I have one bill and one resolution.
The clerk will please read the title of the bill.
An ordinance amending Title 10 the Philadelphia Code, entitled INTRODUCTION OF BILLS, RESOLUTIONS "Regulation of Individual Conduct and Activity," by adding a new Section 10-830, "Civil Penalties," upon the manufacturers of certain weapons illegally used to injure or kill City employees, all under certain terms and conditions.