COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, October 17, 2002 10:00 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 WILSON W. 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 MICHAEL DECKER, CHIEF CLERK VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
Good morning. I note that the hour has come and that quorum of this Council is present. The Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes Father Matthew Guckin, Pastor of St. Cecilia's Roman Catholic Church. He is here today as the guest of Councilman O'Neill. All members and guests will please rise.
Good morning, everyone. Let us pray. Almighty and eternal God, you have revealed your glory to all peoples, and for this we give you thanks and praise. God of power and might, only through you is authority rightly administered. Only through you can laws be properly enacted. Only through you can right judgment be decreed. Lord, God, let the light of your devine wisdom direct the deliberations of City Council and shine forth in all the laws and proceedings which are framed for our rule and government. May these Councilmembers who are your children seek to preserve peace, promote City-wide happiness, and continue to bring us the blessings of liberty and equality. And finally, dear, Lord, we commend to mercy all the citizens of our great City that we may be blessed in the knowledge and sanctified in the observance of your holy law. May we be preserved in the peace that the world cannot give. And after enjoying the blessings of this life, may we be admitted to those which are eternal. We pray to you who are Lord and God forever and ever. Amen.
The Chair thanks the Father Guckin for his 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 October 10, 2002. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 10, 2002, stand approved. (Duly seconded.)
It has been that the Journal of the meeting of Thursday, October 10, 2002, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries. And the Journal of the meeting of Thursday, October 10, 2002 is approved. The next order of business is requests for leaves 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, I'd like to welcome Councilman Longstreth back. And there are no requests for leaves of absence on the behalf of the Republicans.
Welcome back. 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 Council Session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. At this time, the Chair recognizes Councilwoman Tasco who will present a resolution honoring Nigel Pascoe, Queen's Counsel. Will Mr. Pascoe and those accompanying him please join the Councilwoman at the podium.
Thank you, Madam President. It gives me great pleasure this morning to present this resolution honoring Nigel Pascoe, Queen's Counsel. The Council of the City of Philadelphia is pleased and proud to honor Nigel Pascoe, QC, and to welcome him to our City. Whereas, Nigel Pascoe, QC, is in Philadelphia for his dramatic presentation of the trial of William Penn and William Mead on October 16 and 17, 2002; and Whereas, this production represents the best dramatic rendering of a trial that took place in 1670 as a result of the arrest of William Penn and William Mead who stood trial in London on the charge of preaching to an unlawful, seditious, and riotous assembly; and Whereas, Nigel Pascoe portrays the intimidation from the Bench with a unique performance of William Penn's magnificent and dramatic speeches while under attack; and Whereas, Nigel Pascoe, QC, is a former Lear of the western circuit and is currently chairman of the editorial board of Counsel Magazine. He has given over 60 performances of this trial, including one for the American Bar Association in Orlando. He has also performed for the Law Society of New Zealand and before her Royal Highness as well at the Edinburg Fringe Festival; and Whereas, he is here under the auspices of American Ends of Court, an organization dedicated to highest legal standards of ethics, civility, professionalism, and legal excellence. We thank the Ends of Court for bringing this stellar performance by the wonderful Nigel Pascoe, QC, to us. Now, therefore, resolved by the Council of the City of Philadelphia that we hereby honor and commend Nigel Pascoe, QC, and welcome him to our City. Further resolved that an engrossed copy of this resolution be presented to Nigel Pascoe as evidence of the high esteem and sincere admiration of this legislative body. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 12th day of September 2002. Signed by President Ann Verna, introduced by Marian Tasco, and sponsored by all Members of City Council. (Applause.)
And we welcome Nigel whose last name is P-a-s-c-o-e. You thought we were related, didn't you? Thank you. We're so glad to have you here. Thank you. (Applause.)
The Chair recognizes Mr. Pascoe for remarks. Good morning.
Madam President, ladies and gentlemen, after an introduction like that, I wish I could do the performance now. I would like to thank you for the great honor that you've paid me and take also my wife as well who is with me for this production. I was an elected member, as was my father. He would have been proud, as I am very proud, to have this honor from the City today. Trial by jury is too important to be taken for granted. We can preserve it, we can improve it, but we dare not diminish it, for it is trial by our peers. And I think that principle is worth fighting for, and I know you do. So may I repeat my thanks and rather wickedly invite anyone who hasn't been present so far to think about this evening's performance. Thank you very much. (Applause.)
The Chair now recognizes Councilmembers Reynolds-Brown and Clarke presentation honoring the Bright Lights Program. Will Ms. Ann Evans Guise and those accompanying her please join the Councilmembers at the podium.
Thank you, Madam President. Good morning to my colleagues, guests, and staff here in Council Chambers. It gives me great pleasure to present to some and introduce to others a woman I met about 12 years ago at another time in my career who hails from the 3rd Councilmatic District and, in my own personal opinion, very much an unsung hero and champion for children, Ann Guise. And I've asked my colleague from the 5th Councilmatic District, Councilman Darrell Clarke, to join me because this wonderful jewel of a program resides in his district. Honoring and commending the Bright Light Program for their achievements in literacy, cultural, and educational awareness with young children in Philadelphia. Whereas, the Bright Light Program was instituted in 1994 to foster high standards in and, from its inception, has served 1,000 children and young people.
Whereas, students from T. M. Pierce and John G. Whittier Elementary Schools have been empowered by the Bright Light Program to become agents in their own learning, to become avid readers and to be contributors to the larger concept of society; and Whereas, the Bright Light Program promotes various ideals such as committing one's self to making a difference which produces a passion to learn using knowledge to help others, sharing knowledge with others, studying history, and always being an example; and Whereas, the Bright Light Program is not about one specific teaching method, one activity or one type of instruction, but rather it is about creating a culture that permeates the school, home, and community; and Whereas, as a result of its achievements and its profound impact upon the community, the Bright Light concept was an inspiration for the Public Art Project for the Allegheny West Community;
Whereas, the program strives to facilitate and encourage parent interaction and support for all programs because we know when parents are involved and actively engaged in motivating and inspiring children to be active participants in their intellectual and cultural development. Now, therefore, be it resolved by the City Council of Philadelphia that we hereby honor and commend the Bright Light Program for their achievements in literacy, cultural, educational awareness with the young children in North Philadelphia. Resolved further that an engrossed copy of this resolution be presented to Ann Evans Guise for her hard work and efforts in the development of the Bright Light Program as evidence of the sincere sentiments of this legislative body. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 13th of June 2002. Introduced by my colleagues Councilman Darrell Clarke and myself, sponsored by all members of City Council of Philadelphia. (Applause.)
Madam President. Bright Lights, stand please. What a honor and a blessing to have this recognition for the Bright Light Program. Let us publicly recognize that administration of two North Philadelphia public schools, the T.M. Pierce and John G. Whittier, Mr. Wilhelm and Ms. Smith, and joining us this year is Waukesha Charter School, represented by Antoinette Dentler. And, of course, sitting right there is Irv Miller who was on the original board of the Bright Lights. We thank them for their support, their encouragement, and their vision that has enabled the Bright Light Program to flourish. We certainly appreciate the efforts of Councilwoman Blondell Reynolds-Brown and Darrell Clarke for this incredible support for this resolution. We also appreciate support from several City Councilpeople over the years: Frank Rizzo, Jr., Thacher Longstreth, Donna Reed Miller, Michael Nutter, Angel Ortiz and, of course, my District also grateful to the listening audience of WHAT Radio because the Bright Lights appear on that radio station frequently and have been promoted tirelessly by Reggie Bryant. Councilwoman Blackwell was there a cold January night in January when Kwame Ture, known by many as Stokely Carmichael, spoke to a packed auditorium at the Rhoads School. He looked the children in the eye and he said, "Boys and girls, you are my future. You must stand straight and correct. You must learn all you can learn so that you can help the people. Then you will be a bright light." That phrase electrified the parents, the staff, the community, and the students to do just that. Bright lights provide the children an opportunity to find their place as conscious citizens who are aware of the many sacrifices and significant contributions of their cultural ancestors in making this place called Philadelphia in this state called Pennsylvania, in this nation called the United States a better place. The Bright Lights are hope. They make us proud. They are the thousand lies about children in North Philadelphia. We thank you again for this commendation. It will occupy a very special place in the schools as a continuing challenge to our youth. The Bright Lights have a pledge. They repeat this pledge every morning before their feet the floor. It's personal, it's powerful, and it reminds the Bright Lights of their personal responsibility to carry forth the constant, unending, eternal struggle for justice. Bright Lights, your pledge. (The Bright Lights recite pledge.) (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the messages from the Mayor.
To the President and Members of the Council of Philadelphia, I am returning herewith unsigned Bills 020482 and 020484. Council passed this bills at its session on October 3, 2002. These measures would make changes and additions to the Philadelphia Code regarding Educational Housing Districts. The original legislation creating the regulations for Educational Housing Districts was passed by City Council last spring. The legislation outlined various requirements and prohibitions relating to students living within established Educational Housing Districts and placed additional burdens on the universities where those students reside. The Administration opposed the original legislation, objecting to its vicarious liabilities for colleges and universities, and emphasizing that if the legislation were to become law, it would stifle the important efforts made by the City in partnership with members of the business community and representatives from local universities, to retain those students who call Philadelphia home during their college years. Further, it was my position that enforcing existing laws and regulations can go solving many of the problems the bill was designed to address. The two bills being returned today do address some of my Administration's original concerns with the initial legislation, specifically, Bill 020482 removes the vicarious liability provisions that would have placed the responsibility for student misconduct upon the student's university. However, the bills continue to place a disproportionate and excessive burden on the universities, the landlords that rent to students, and the City. I continue to believe that enforcement of existing measures can help to address many of the problems created by disruptive students. Enforcement of these measures is a problem. It is not clear how some of the requirements placed upon the universities and the City are to be carried out in a practical and efficient manner. For example, under Bill 020482, schools within the district would have to be notified presumably by the City of any quality-of-life violations, including parking violations by their students. Under the original ordinance, a student subject to the rules and Housing District would have been required to place an identifying sticker on his or her vehicle, making it easier for an officer to recognize and report any violations by such a student to the corresponding university. However, according to Bill 020482, the identifying sticker must now be placed on the student's identification card which presumably the student carries on his or her person, not affixed to a vehicle. Therefore, it is not clear under the legislation how an officer issuing a violation to a vehicle is to know that the vehicle is a student vehicle and the reporting requirements of Bill 020482 apply. Without that information, the enforcement scheme breaks down completely. This is just one example of the potential confusion caused by the provisions of these bills. Further, I cannot support placing undue and significant burdens upon the universities and landlords renting to students, some of whom are very likely small business owners who may not have the capability to deal with extraordinary measures required within these two bills. Again, allow me to emphasis that it is minimize the concerns that have been raised by neighborhood residents who feel that the student population has negatively affected their quality of life in Philadelphia. Without question, quality of life in our neighborhoods is a central issue for this Administration. All residents, whether they are students or not, have a responsibility to be good neighbors and respectful of those with whom they share the community.
However, reaching practical solutions that allow both our City's long-term residents and our student population to live together with some degree of harmony without imposing severe restrictions on our visiting students is critical to our long-term success as a vibrant, diverse City. I ask that the sponsor of these measures join with the members of the Managing Director's Office and other members of my Administration to develop methods that will allow both students and long-time residents to live together and to enjoy all that our wonderful City has to offer, rather than seek to impose the confusing and restrictive requirements detailed in these two bills. Sincerely, John F. Street, Esquire, of Philadelphia.
Madam President, I ask that when letters of this type are sent that we are afforded the courtesy of getting a copy of them in advance. It's very clear -- or it's much more clear when you have the ability sit and read the letter or at least have the letter afforded to the Councilmembers, including the sponsor, prior to the session day. Perhaps I would suggest, if it would be okay with you, if you could write a letter to the Mayor and ask him if he could at least afford us that one courtesy of having a letter at least 24 hours in advance prior to it being read into the record?
I believe they copies circulated? The copies will be circulated. Please proceed.
And a letter from the Mayor advising Council that the Mayor is pleased to advise you that on October 15, 2002, he signed the following bill that was passed by Council at its session on October 3, 2002: Bill No. 020411. And a letter transmitting herewith for the consideration of your Honorable Body an ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land situated the southeast corner of 50th Street and Parkside Avenue for consideration not to exceed $70,000. And also an ordinance amending Section 10-1001 of the Philadelphia Code entitled "Fees of Commissioner of Records," by providing for new recording fees, under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Clerk will please read any other AND RESOLUTIONS communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. AND RESOLUTIONS The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one resolution which I request be referred to the appropriate committee.
Thank you. The Clerk will please read the title of the resolution.
A resolution authorizing City Council's Legislative Oversight Committee to hold public hearings on potential solutions to the City's recent increase in aggressive panhandling.
Thank you. This resolution will be referred to the Committees on Law and Government and the Legislative Oversight Committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce one resolution on your behalf and one on my own that is cosponsored by Councilman Cohen, Ortiz, Kenney, and Mariano. Thank you.
Thank you. The Clerk will please read the title of AND RESOLUTIONS 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 to properties in the 13th, 36th and 40th Wards of the City of Philadelphia.
Can I see that, please? This is the 30th Ward, so I think the record ought to indicate that, please.
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 situated in the 30th, 36th and 40th Wards of the City of Philadelphia.
Thank you. The Chair recognizes Councilwoman Blackwell. AND RESOLUTIONS
Thank you, 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 introduced by Councilwoman Blackwell.
A resolution calling for a public hearing before the Legislative Oversight Committee on aggressive panhandling in the City of Philadelphia.
We will refer this resolution to the Committees on Law and Government and the Legislative Oversight Committee.
The Clerk will please read the title of the first resolution.
A resolution authorizing the City Council Committee on Law and Government to investigate the reasons why Philadelphia does not permit the use of polyvinylchloride or other plastic pipe for underground sewer connections from buildings to the public sewer.
Madam President, 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 -
All those in AND RESOLUTIONS favor will signify by saying aye. (Aye.)
Councilman Mariano is voting no. All other members are voting in the affirmative.
How does that get in Law and Government? That clearly should be in Licenses and Inspections. Maybe now we're playing the games with the games with the committees. It obviously belongs in the jurisdiction of the Law and Government Committee.
It's in the resolution as written, Councilman. If you want you want to offer a friendly amendment to the sponsor, please do so.
Would the Councilman take a friendly amendment to have that in a combined Committee of Law and Government and Licenses and Inspections, which both you and I are on?
You mean to have both committees handle it? AND RESOLUTIONS
I would accept the joint Committee of Law and Government and Licenses and Inspections.
It has been moved and seconded. All in favor will signify by saying aye. (Aye.)
This will be referred to the appropriate committees. The Clerk will please read the title of the second resolution.
I assume it will be since Councilman Mariano made his motion and it has been adopted.
Will the Clerk AND RESOLUTIONS please read the title of the second resolution.
A resolution authorizing the City Council Committee on Law and Government to hold public hearings addressing whether an aggressive panhandling has changed the nature, degree, or frequency in recent years with consideration of whether a change in the provision of social services is required.
This resolution will be referred to the Committee on Law and Government and the Legislative Oversight Committee. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today. AND RESOLUTIONS
Thank you. The Chair recognizes Councilwoman Miller.
Good morning, Madam President. I offer one resolution.
Thank you. The Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds to properties located in the 11th, 12th and 13th, 17th, 22nd and 59th Wards of the City of Philadelphia.
Thank you. The Chair recognizes Councilwoman Miller.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.) AND RESOLUTIONS
The ayes have it, and the motion carries. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill and one resolution on behalf of Councilman O'Neill and I and a number of other Councilmembers.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land situate at the southeast corner of 50th Street and Parkside Avenue for a consideration not to exceed $70,000.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution.
A resolution requesting the Pennsylvania General Assembly to enact legislation to provide that the Board of Revision of Taxes shall AND RESOLUTIONS not certify any assessments of real property for Calendar Year 2002 or 2003 that exceed the prior year's assessment for any particular property by such percentage amount as Council shall ordain.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
I want to ask the sponsor of the resolution why we're asking State Legislature to take action that we're not yet prepared to take? There's several bills on Second Reading and Final Passage that the Council decided not to take action on, but to hold. I don't know whether we're not taking action on those bills for political or financial or legal reasons, but it's clear to me that if we're not ready to take action, we shouldn't be asking the State Legislature to take action. AND RESOLUTIONS
Thank you, Madam President. First, let me thank Councilman Goode for raising the question. I appreciate it. The primary reason, Councilman, after a number of conversations both between myself and Councilman O'Neill and a number of State Legislators, we came to the conclusion, both because of the City Solicitor's opinion laying out initially what we cannot do, the question was then asked, what would allow us if we, this Council and the City Administration, chose to pursue any of the bills that have cap provisions to them, what would we have to do to remove any legal obstacles in order for those bills to be able to move forward? The conclusion was that we should ask the State to give us certain authorization. And if this Council, when it is ready, decides that it would like to pursue that authority, we would then not have any legal obstacles prohibiting that action. That does not take away all of the appropriate and good discussion and debate that will go with those bills with regard AND RESOLUTIONS to any financial impact whether it's to the City or the School District or to the taxpayers who are in many instances certainly crying out desperately for some immediate relief. I think what this does is it at least creates an environment in which we would be able to have a legitimate debate and discussion about any of the bills that we may pursue at a future point in time but not have legal obstacles and barriers that the City Solicitor says are presently in our way. If the State Legislature does decide to take action, this Council still has the responsibility and will still take its time to deliberate appropriately what further action, what future action it may take. But at least under that circumstance, we will not have any legal obstacles, at least as laid out by the City Solicitor's opinions. So that was the purpose. This resolution, which is only a resolution requesting certain action, is certainly not binding. It's not binding on this Council. It's certainly not binding on the State Legislature. But I think it also creates an environment where, unlike some previous situations earlier this year AND RESOLUTIONS and last year where the State came in and whether people liked what they did or not, the State was viewed as imposing its will on the local government. In this circumstance, we would actually be asking the State to, in essence, help us help ourselves and it would come at the request of the local governing body as opposed to action being taken to impose the will, if you will, of the State or the Commonwealth.
I asked a question of whether the sponsors were holding the bills for political or financial or legal reasons specifically because it's my understanding from conversations we've had in Caucus that these bills were being held so we can analyze them, not only whether they are legal or not, but whether they are also fiscally irresponsible to the City and to the School District. If the sponsors are not holding the bills because they are viewed to be fiscal irresponsible and they view it as there just being legal barriers, then I understand that. But it's my understanding that the Council decided to hold the bills because AND RESOLUTIONS they viewed them as potential fiscal irresponsible particularly to the School District.
I'm sorry, Councilman, if I misheard or didn't fully hear all the inquiry that you made. With regard to the bills, obviously, you know that I'm a cosponsor with the Council President and a number of other members of at least one package of bills. The bills themselves are being held. This resolution does not move those bills in any way, shape, or form. And I think, obviously, as late as this morning, all of those bills -- I think all those bills are being held on our Calendar so there is no action being taken on the actual bills. What we are seeking to do is create a future situation where if we do decide after having the appropriate information and, again, quite honestly, the appropriate debate and discussion to not only deal with legal issues but also financial issues -- and you're absolutely correct, if we do decide out of that that we would like to take action on any of those bills, if we didn't ask the State for this kind of help or support or relief, even if we decided that the bills were fiscally responsible, addressed the concerns AND RESOLUTIONS the citizens have, address the concerns of the City and School District, at least according to the Law Department, we would not have that authority to move forward on those bills notwithstanding whether all of us thought that they were the best thing since sliced bread.
Two points, Madam President. Whether this resolution is binding or not building, the truth of the matter is it asks the State Legislature to take specific action. The resolution is very specific in its wording in terms of the action it wants the State Legislature to take. The second point is that I heard you say in Caucus that we were holding the bills until we got more information from the Administration, BRT, because we're actually considering whether they are fiscally responsible or not. So I will be voting against this resolution.
I appreciate the AND RESOLUTIONS Councilman's position and understand it. I just want to make clear, the two bills I'm holding are not because I think they're even possibly fiscally irresponsible. In fact, if we had a bill before us to raise real estate taxes by 4 percent, I'd think we would have trouble getting a majority and I don't think we'd be fiscally irresponsible to do that. So my district -- I may get some criticism for a 4 percent cap. But the main thing I think as far as credibility goes, as I see this resolution and as I saw the bills, you put things in Council and try to get hearings and get them passed that I think you're going to answer some of the concerns of your constituents. I think everyone's tried to do that in different ways. But when you then tell the same constituents that we're trying but even if we pass this, it won't have any legal authority because the State prevents them at this time from being effective, I think we lose credibility with our constituents if we don't take the next step of formally asking the State to give us the flexibility to make these decisions ourselves. And so I think we have both credibility problems with the public in Philadelphia if we don't try to do something, but AND RESOLUTIONS also credibility with our State Legislators if we're not asking them to formally help us as opposed to just putting bills on the Final Passage Calendar and letting it go at that and just hiding behind the State won't let us go any further. But I do think the right position for the bills to be in to show the State that we're credible is that they're on the Final Passage Calendar. I think members deserve to see what the fiscal impacts are when the numbers come done, whether School District or City. But speaking as a sponsor, I wouldn't hold the bill just for that. We may never get it and we may never get accurate information, as far as I'm concerned. I don't think even my bill affects the budgeted amounts that the School District and City put in this budget this year. I think a freeze would, obviously, depending how long it went. And the resolution does not speak to a freeze.
Thank you. The Chair recognizes Councilman Goode.
For Councilman O'Neill's benefit, if your bill was called today, I had planned voting for it. I do understand that it calls for State action within the legislation AND RESOLUTIONS itself, but I can't support your resolution as written because it goes beyond your bill.
Thank you. The motion was made. All those in favor of the adoption of the resolution will indicate by saying aye. (Aye.)
The record will indicate that Councilman Goode voted no. All other members voted in the affirmative. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions this morning.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Ortiz.
Thank you, Madam AND RESOLUTIONS President. No bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman O'Neill.
Thank you. The Clerk will please read the title of the resolution.
A resolution endorsing the National League of Cities Hometown Security Day and urging the Congress and the President to account on homeland security funding.
Thank you. The Chair recognizes Councilman O'Neill.
Madam President, I forgot to mention that's cosponsored with Councilwoman Tasco. I call for the adoption.
It has been AND RESOLUTIONS 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 Councilman Clarke.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Title 4 of the Philadelphia Code, the Philadelphia Building Construction and Occupancy Code by amending requirements applicable to vacant premises, all under certain terms and conditions.
Thank you. The bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. Our next order of business is reports from committees. The Chair recognizes Councilman Kenney for a report from the Committee on Rules.
Thank you, Madam President. The Committee on Rules reports out three bills and one resolution with favorable recommendations.
To the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 020166-A, entitled an ordinance establishing a Neighborhood Improvement District in the area bounded generally by the eastern side of Tulip Street, the northern side of Allegheny Avenue, the western side of Amber Street, and the northern side Venango Street, to be known as the Port Richmond Industrial Development Enterprise, PRIDE, District; And Bill No. 020431, entitled an ordinance establishing a Neighborhood Improvement District in an area that generally includes both sides of East Passyunk Avenue from the south side of Federal Street to the east side of South Broad Street, certain blocks of the streets that intersect that portion of East Passyunk Avenue, both sides of South Broad Street from the south side of McKean to the north side of Snyder Avenue, and the west side of South Broad Street from the South side of Mifflin Street to the north side of McKean Street, to be known as the East Passyunk Avenue Business Improvement District; And Bill No. 020486, entitled an ordinance adopting an amendment to the Articles of Incorporation of the City Avenue Special Services District of Philadelphia and Lower Merion to extend the term of that authority; And Resolution 020627, entitled a resolution approving the provisions of the Cathedral Village Lifecare facility RC-6 Master Plan; Respectfully reports it has considered the same and returns the attached bills and a favorable recommendation.
Thank you. The Chair recognizes Councilman Kenney.
I'm not a member of the Rules Committee. If one of the sponsors of the Neighborhood Improvement District legislation could explain the legislation.
It enables business property owners within a designated area to impose a tax on themselves for services that they will provide for that community, not unlike what the Center City Special Services District performs, not unlike what I believe the Manayunk Special Services District and many other Special Services Districts throughout the City have been doing for a number of
Point of information, Madam President. Actually, this service district legislation is different than business improvement legislation and, in fact, this legislation does not call for majority of the business owners to tax themselves. It actually allows legislators to tax them as long as the majority of them don't disapprove. So this is actually a legislatively-induced tax increase on property owners.
Is there a petition that says the majority of those business owners want their taxes raised on their property?
Where do you get your information that there's not a petition?
If it's possible, if the Chair would rule to allow me to make a motion to suspend the Rules to allow for first reading of these bills on the report.
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day -
No, Madam President. I asked you to rule to allow me to make the motion.
With all of the noise on this side of the room and the noise on the outside, if people don't speak into the mikes, it's very difficult to hear them. I'm sorry, Councilman. What was your motion?
My point of order was to request that the Chair rule that I am able to proceed with the report from the committee.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bills No. 020166-A, 020431, and 020486. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 020166-A, 020431 and 020486. All in favor please indicate by saying aye. (Aye.)
The ayes have it. The record will reflect that Councilman Goode All other members voted in the affirmative. And the bills just read will be placed on First Reading Calendar for today's session. Resolution No. 020627 will be placed at the end of today's Calendar. At this time the Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out one bill with a favorable recommendation.
The Committee on Finance to which was on referred Bill 020579, entitled an ordinance amending Title 19 of the Philadelphia Code entitled "Finance, Taxes and Collections," by providing for certain deferrals of payment of a certain portion of real estate taxes due to the City of Philadelphia or the Philadelphia School District, all under certain terms and conditions, respectfully reports it has considered the same and returns the attached bill to Council a favorable recommendation.
Thank you, Madam President. I move that the Rules of Council be suspend so as to permit first reading today of Bill No. 020579. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 020579. All in favor, please indicate by saying aye. (Aye.)
The ayes have it. And Bill No. 020579 will be placed on today's First Reading Calendar. Our next item of business is the consideration of the calendar. The Clerk will please read the bills on the First Reading Calendar.
Bill No. 020410, entitled an ordinance authorizing the Pennsylvania Academy of Arts, owner of the properties 118 North Broad Street and 128 North Broad Street to construct, own, and maintain various encroachments adjacent to these properties.
And Bill No. 020412, entitled an ordinance authorizing G2S2 Associates to construct and maintain a building encroachment over and above the north footway of the 1600 block of Sansom Street.
And Bill No. 020413, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58 by placing on the City Plan Mount Vernon Street from to 10th Street to a point approximately 90 feet southeastwardly.
And Bill No. 020429, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 258 the City Plan and vacating Brill Street from Torresdale Avenue to Harbison Avenue.
And Bill No. 020430, entitled an ordinance authorizing the revision of lines and grade on a portion of City Plan No. 312 by striking from the City Plan and vacating the legally open portions of Jackson street from Pearson Street to Aubrey Street.
And Bill No. 020433, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating Hancock Street from Pollard Street to Germantown Avenue.
An Bill No. 020464, entitled an ordinance establishing a parking regulation on a portion of 19th Street.
And Bill No. 020465, entitled an ordinance establishing a parking regulation on a portion of Rosewood Street.
And Bill No. 020466, entitled an ordinance establishing a parking regulation on a portion of Rosewood Street.
And Bill No. 020467, entitled an ordinance establishing a parking regulation on a portion of 16th Street.
And Bill No. 020468, entitled an ordinance establishing a parking regulation on a portion of Broad Street.
And Bill No. 020479, entitled an ordinance establishing a parking regulation on a portion of Wyoming Avenue.
And Bill No. 020487, entitled an ordinance establishing a parking regulation on a portion of Redfield Street.
And Bill No. 020488, entitled an ordinance establishing a parking regulation on Ridge Avenue, west side, between Martin Street to Ripka Street.
And Bill No. 020494, entitled an ordinance granting permission to Atul Amin, owner of the newsstand at the northeast corner of 15th Street and Arch Street to construct, use and maintain an electrical conduit in and under the north footway of Arch Street.
And Bill No. 020497, entitled an ordinance establishing a parking regulation on a portion of 15 Street.
And Bill No. 020498, entitled an ordinance establishing a parking regulation on a portion of Corinthian Street.
And Bill No. 020539, entitled an ordinance establishing a parking regulation on a portion of 31st Street.
And Bill No. 020540, entitled an ordinance establishing a parking regulation on a portion of Larchwood Avenue.
And Bill No. 020541, entitled an ordinance establishing a parking regulation on a portion of 48th Street.
And Bill No. 020542, entitled an ordinance establishing a parking regulation on a portion of Preston Street.
And Bill No. 020543, entitled an ordinance establishing a parking regulation on a portion of Farragut Street.
And Bill No. 020552, entitled an ordinance establishing a parking regulation on a portion of Seventh Street.
And Bill No. 020553, entitled an ordinance establishing a parking regulation on a portion of Dickinson Street.
And Bill No. 020554, entitled an ordinance establishing a parking regulation on a portion of Castle Street.
And Bill No. 020555, entitled an ordinance establishing a parking portion of Darien Street.
And Bill No. 020556, entitled an ordinance establishing a parking regulation on a portion of Watts Street.
And Bill No. 020577, entitled an ordinance revising parking regulations on a portion of Juniper Street.
And Bill No. 020558, entitled an ordinance establishing a parking regulation on a portion of 13th Street.
And Bill No. 020578, entitled an ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by prohibiting sidewalk sales on portions of Vine Street, 18th Street, 19th Street and 20th Street.
And Bill No. 020166-A, entitled an ordinance establishing a Neighborhood Improvement District in the area bounded generally by the eastern side of Tulip Street, the northern side of Allegheny Avenue, the western side of Amber Street, and the northern side Venango Street, to be known as the Port Richmond Industrial Development Enterprise, PRIDE, Neighborhood Improvement District.
And Bill No. 020431, entitled an ordinance establishing a Neighborhood Improvement District in an area that generally includes both sides of East Passyunk Avenue from the south side of Federal Street to the east side of South Broad Street, certain blocks of the streets that intersect that portion of East Passyunk Avenue, both sides of South Broad Street from the south side of McKean to the north side of Snyder Avenue, and the west side of South Broad Street from the South side of Mifflin Street to the north side of McKean Street, to be known as the East Passyunk Avenue
And Bill No. 020486, entitled an ordinance adopting an amendment to the Articles of Incorporation of the City Avenue Special Services District of Philadelphia and Lower Merion to extend the term of that authority.
And Bill No. 020579, entitled an ordinance amending Title 19 of the Philadelphia Code entitled "Finance, Taxes and Collections," by providing for certain deferrals of payment of a certain portion of real estate taxes due to the City of Philadelphia or the Philadelphia School District, all under certain terms and conditions.
The Chair agrees. The bills just read by the Clerk will be placed on the Second Reading and Final Passage Calendar for our next Session of Council. That concludes the First Reading 10/17/02 - STATED - 2ND READING AND FINAL PASSAGE Calendar. The Chair at this time recognizes Councilwoman Blackwell for the purpose of calling up bills to be considered on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today Bill Nos. 020382 and 020434 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. 020382.
An ordinance authorizing Lois Hartzell, owner the property 607 North Second Street to construct, own, and maintain a cantilevered balcony projecting over the east footway of Second Street.
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. 10/17/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. 10/17/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The Clerk will please read the title of Bill No. 020434.
An ordinance granting permission to Alfredo Aguilar, owner of the property 426-428 West Girard Avenue, doing business as Las Casuelas Cafe, to operate and maintain an open-air sidewalk cafe.
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. 10/17/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. 10/17/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, this bill passes. I understand that the sponsor of Bill No. 020492 would like us to consider voting on this bill today. Will the Clerk please read the title of the bill.
An ordinance repealing an ordinance Bill No. 010339, authorizing the vacating of Byberry and Bensalem Road from Southampton-Byberry Road to the Philadelphia and Bucks County line.
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. 10/17/02 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The Chair recognizes Councilman Kenney for a motion on Resolution No. 020627.
Thank you, Madam President. I move for the adoption of the rest lose. (Duly seconded.)
It has been moved and properly seconded that Resolution No. 020627 be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And Resolution No. 020627 is adopted. This concludes the Calendar for today. Are there speeches on the part minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I was very happy to see Ms. Ann Guise who is a committee person for more than, oh, I don't know, 25 years in the 46th Ward with the Bright Lights here this morning. And let me note that she's right, when we were at Whittier School and when she just started all this many, many years ago, and Kwame Ture was there, we read a resolution from Council welcoming him and praising Ann Guise and the students of this program. Upon returning to Council, we were criticized by the JDL about Kwame Ture. And we apologized and said we didn't mean to offend anyone. And obviously, we respect people from every background, every ethnic group, every cultural group. And I just wanted to all these to show that our concern and that our support was borne out of love and respect for Ann Guise and the wonderful program she started. She has an exchange program where she takes kids to Africa every year, somehow does the fund-raising and just has done her part to try to keep nations together and to try to inspire young people to reach out to their roots and learn about other cultures. So we wanted to say thanks to Ann Guise, thanks for the program and to certainly all these years later try to clear the record with regard to our intentions and our concerns in this area for all people. Thank you, Madam President.
Thank you. Councilwoman Brown, I understand it was your birthday and I know on all the Members of Council we certainly want to wish you the very best and a wonderful birthday.
Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that Council stand adjourned until Thursday, October 24th at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stands adjourned until Thursday, October 24th at 10:00 a.m. All in favor wil say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Council adjourned at 11:10 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 October 17, 2002, 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