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Minutes

Stated Meeting, October 8, 1998

Philadelphia City CouncilOct 8, 1998

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, October 8, 1998 11:00 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT JOHN F. STREET COUNCILWOMAN AUGUSTA A. CLARK COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DAVID COHEN COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN ANNA CIBOTTA VERNA COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK DICICCO COUNCILMAN RICHARD T. MARIANO COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN FRANK RIZZO MARIE B. HAUSER, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 10/8/98 STATED MEETING - GREETING, INVOCATION P R O C E E D I N G S

President Street

Good morning, ladies and gentlemen. The Chair notes that the hour has come and that a quorum is present. Council will come to order. Members will take their seats, visitors will retire to their seats outside the rail. To give our invocation this morning, the Chair welcomes Reverend Andreas Wagner, who is the pastor of the Tabor Lutheran Church. Reverend Wagner is here today as the guest of Councilwoman Tasco. Members and guests will please rise. (All rise.)

Reverend Wagner

Let me just give two comments to you before we pray. I'm a pastor from Germany coming into the United States two years ago, and it has been a very wonderful, interesting and challenging time for me. Since one year I'm serving in the lower northeast of Philadelphia in a German and English Lutheran congregation in a Puerto Rican neighborhood. That tells you there is some work to be done. And in our Christian -10/8/98 STATED MEETING - GREETING, INVOCATION Judeo-Christian tradition, the prophet Jeremiah says, "Seek for the best of the city." And this is what we're trying to do at the church. And let me make one more comment as a German citizen. In Germany, I think it would be quite uncommon that a council meeting would be opened with a prayer. I think it's a great idea, and it's a great opportunity to concentrate your spiritual resources to doing your very best, and I really appreciate that. Thank you for inviting me today. Let us pray. O Lord, our God, you yourself are present here today as the Council of the city of Philadelphia comes together. Lord, we thank you for our city and its people; for children and youth who are forming our future and who are searching for their place in life; for middle-aged people who are entrusted with the main responsibilities and duties of our city and society; for elderly people who are living testimonies of our history and treasurers of great memories and the wisdom of ages. Lord, we thank you for them and pray 10/8/98 STATED MEETING - GREETING, INVOCATION for the well-being of them all. We pray for rich and poor people in our city, for the homeless and those who struggle for their life; for the criminals and the honest; for the ordinary folks; and also for all who bear official responsibilities, not at least for the community of political caretakers, which is present here right now. Lord, bless your people. Let your people present here make decisions that are just, that serve the people of Philadelphia, that are in accordance with the great ideals of our forefathers and mothers, and that are in favor of your holy will. Keep them from thinking and acting according to their own interests and dedicate them anew to the duty entrusted to them by the people and by your will to serve the people of Philadelphia. Amen. ALL: Amen.

President Street

The Chair thanks Reverend Wagner for his inspiring invocation. (Council stands the ease.)

President Street

The Chair recognizes 10/8/98 STATED MEETING - LEAVES OF ABSENCE Councilman Ortiz.

Councilman Ortiz

Thank you, Mr. President. I'd like to be excused for the rest of the session, Mr. President. State Representative Ramos and I are conducting a radiothon that began at 7 o'clock this morning over Radio Omega, and we're at American and Allegheny at Puento Blanco. And if anybody in the audience or anyone wants to go and donate some money, we have collected up to this point around $30,000. We'll be there until 7 o'clock in the evening. We'll have some music, we have some people, we have some artists there, and I invite everybody who is listening, anyone who is out there who is interested in helping the people of Puerto Rico and the Dominican Republic where over 1500 have died, over $3 billion in Puerto Rico alone in terms of damages have happened, and over 90,000 houses have been destroyed in Puerto Rico alone. So I invite the people and the citizens of Philadelphia to go and give, give, and give and give so we can help the people in these two islands. 10/8/98 STATED MEETING - 9/23/98 JOURNAL APPROVAL I also want to be recorded as voting aye in every resolution and bill that will be presented today; specifically the one on SEPTA and its board, and not signing and ratifying the contract. Thank you.

President Street

Thank you very much. Leave will be granted.

President Street

The next order of business is the approval of the journal of the meeting of Wednesday, September 23, 1998. The Chair recognizes Councilwoman Clark.

Councilwoman Clark

Mr. President, I move the adoption of the journal of that date. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The motion carries, the journal of the meeting of Wednesday, September 23, 1998 stands approved.

President Street

The next order of 10/8/98 STATED MEETING - 9/23/98 LEAVES OF ABSENCE business is the leaves of absence. The Chair recognizes Councilman Clark.

Councilwoman Clark

For what? Sorry, Mr. President, I don't -

President Street

I don't think there are any requests for leaves of absences.

Councilwoman Clark

No, we're all here.

President Street

It is my understanding, on behalf of Councilwoman Clark speaking to for Councilwoman Verna, that there are no requests for leaves of absence on behalf of members of the majority. The Chair recognizes Councilman Longstreth.

Councilman Longstreth

Mr. President, I ask for a leave of absence on behalf of Councilman O'Neill, who has city official business.

President Street

The Chair thanks the Councilman. Leave will be granted.

President Street

At this time, we will dispense with our regular order of business 10/8/98 STATED MEETING - VISITOR RECOGNITION to recognize visitors. It is my standing that we do have a couple of visiting groups. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Mr. President. I ask the Council to greet the brass choir from Ritterhausen, Germany. It is composed of 17 adults and 1 child. This group has been visiting and performing in the United States for the past week, and their main performance was for the 100th anniversary celebration of the Tabor Lutheran Church, which is in the 9th District and has as its pastor the Reverend Wagner. Yesterday, they appeared at the Luther Place Memorial Church, which is the largest shelter in the District of Columbia. We're glad to have them here with us, and we wish them a safe journey when they leave today. And thank you, danke schoen. (Applause.)

President Street

Thank you very much for being with us. At this time, the Chair recognizes 10/8/98 STATED MEETING - VISITOR RECOGNITION Councilman DiCicco.

Councilman Dicicco

Thank you, Mr. President. I have a late entry. My predecessor, former Councilman Vignola, is here this morning with a reporter from the city of Milano, Italy. Mr. Maurazio Crippa, I believe, is in the audience standing back there. (Applause.)

President Street

Thank you very much, Councilman, for being with us and for bringing us a guest. At this time, the Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Mr. President. There is a visiting group today from the 4th grade class at the Spruance School, which is located in Councilmember Krajewski's district. She has been gracious enough to allow me to introduce them today. They are here today with their teachers, Lee Winter and Mary Salamone.

President Street

Can we have this group please stand. (Applause.)

President Street

Thank you very much 10/8/98 STATED MEETING - COMMUNICATIONS for being with us.

President Street

The next order of business will be communications. The Chair recognizes the Sergeant-at-Arms for the purpose of delivering the messages from the mayor to the chief clerk. The chief clerk will read the messages from the mayor.

Chief Clerk Hauser

October 5, 1998, to the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that I have today signed the following bill, which was passed by Council at its session on September 17th, Bill No. 980457. And an ordinance creating the St. James Court Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development for the redevelopment of the St. James Court Tax Increment Financing District, being the area generally bounded by Eighth Street on the west, Walnut Street on the north, St. James Court on the south, and Washington Square West on the east. And an ordinance creating the Jump 10/8/98 STATED MEETING - COMMUNICATIONS Street Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development ("PAID") for the redevelopment of the Jump Street Tax Increment Financing District being the area generally bounded by 15th Street on the west, Cecil B. Moore Avenue on the north, Broad Street on the east, and Oxford Street on the south. And an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area of served by Temple East Inc. at its Northeastern Hospital facility and at its Newman Medical Center Facility and the Convent of the Sisters of St. Joe's of Chestnut Hill at its St. Joseph's Villa nursing home facility. And an ordinance amending Title 1 of The Philadelphia Code entitled "General Provisions" by providing a general procedure for the issuance of notice of violation and payment of a specified amount in response to a notice of violation in lieu of a code enforcement complaint being issued and fines being imposed in the full amount provided by the particular section of the code or regulation adopted under the provisions of 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS the code, all under certain terms and conditions. And an ordinance authorizing the construction of a water main and appurtenant work required to provide public water service in a portion of Berkshire Street. And an ordinance authorizing the construction of a sanitary sewer and appurtenant work in a portion of Trevose Road.

President Street

These messages will be printed in the journal. The chief clerk will read any other communications in her possession.

Chief Clerk Hauser

I have none, Mr. President.

President Street

The next order of business, then, will be the introduction of bills and resolutions. The Chair recognizes Councilwoman Augusta Clark.

Councilwoman Clark

Mr. President, today, I have three bills on behalf of yourself and me, and one resolution for which I ask consideration at the end of today's calendar. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS

President Street

The clerk will please read the titles of the bills.

Chief Clerk Hauser

An ordinance authorizing the Penn Center House Inc., owner of the property 1900 through 1934 John F. Kennedy Boulevard, Philadelphia, Pennsylvania, to construct and maintain a glass and metal electrified canopy with support columns under, on, and over the south footway of the 1900 block of John F. Kennedy Boulevard, under certain terms and conditions. And an ordinance creating the Jump Street Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development for the redevelopment of the Jump Street Tax Increment Financing District, being the area generally bounded by 15th Street, Cecil B. Moore Avenue, Broad Street, and Oxford Street. And an ordinance naming the Criminal Justice Center, located at 13th and Filbert Streets, the Juanita Kidd-Stout Justice Center and authorizing the commissioner of public property to take appropriate action to carry out this 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS ordinance.

President Street

These bills will be referred to the appropriate committee. The clerk will please read the title of the resolution, after Councilwoman Verna gives me a motion.

Councilwoman Verna

Thank you, Mr. President. I move that the rules of Council be suspended so as to permit consideration of all resolutions immediately after introduction. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The motion passes. The rules are suspended. The clerk will please read the title of the resolution.

Chief Clerk Hauser

A resolution recognizing November 1st through 7th, 1998, as Chemistry Week in the city of Philadelphia.

President Street

The Chair recognizes Councilwoman Clark.

Councilwoman Clark

Mr. President, I 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS move the adoption of the resolution. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Mr. President, I have five resolutions.

President Street

The clerk will please read the titles of the resolutions.

Chief Clerk Hauser

A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the 49th and Locust urban renewal area identified by house address and street address as 242 through 252 South 49th Street; and authorizing the Redevelopment Authority to execute the redevelopment contract with Ingerman Affordable Housing, Inc. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS And a resolution authorizing the commissioner of public property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for properties situated in the 60th Ward of the City of Philadelphia. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia, which includes, inter alia, the redevelopment and urban renewal of 5005, 5007, and 5009 Chester Avenue and 5100 and 5102 Springfield Avenue. And a resolution authorizing the commissioner of public property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for properties situated in the 3rd, 6th, 24th, 39th, 51st and 60th Wards of the City of Philadelphia. And a resolution authorizing the commissioner of public property to execute and deliver to the Redevelopment Authority of the City of Philadelphia with deeds conveying fee simple title to certain properties situated in the 6th and 46th Wards of the City of Philadelphia. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS

President Street

The Chair recognizes Councilwoman Blackwell for a motion that the resolutions be adopted.

Councilwoman Blackwell

So moved, Mr. President. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. Then each of the resolutions is adopted. The Chair recognizes Councilman Cohen.

Councilman Cohen

Mr. President, I offer one resolution.

President Street

The clerk will please read the title of the Resolution.

Chief Clerk Hauser

A resolution providing that no part of the funds transferred to City Council's operating budget by Ordinance 980532 shall be paid to SEPTA until Council, by resolution, determines that SEPTA has ratified and executed the contract agreed to by its negotiators on July 10, 1998 and ratified by the TWU membership on July 24, 1998. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS

President Street

The Chair recognizes Councilman Cohen.

Councilman Cohen

Mr. President, I move the adoption of the resolution.

President Street

Is there a second? (Duly seconded.)

President Street

The Chair recognizes Councilman Cohen.

Councilman Cohen

Mr. President, the resolution was introduced on behalf of myself and 11 other members of City Council. The SEPTA situation is one in which this Council played a very large role in the settlement. We worked very hard to see to it that a fair contract was agreed to and that the people of Philadelphia were relieved of their need to find transportation other than SEPTA, because, in fact, many thousands of Philadelphians were suffering deeply as a result of the strike. During that time, I and other members of Council pointed to the intransigence of SEPTA. We thought that was history, but it turns out that it's not. And the resolution goes into great detail about what occurred. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS It happened that I had occasion to call Congressman Brady shortly after he was sworn in and a few days after the settlement of the strike, or what we all thought was the settlement of the strike. And I called him with respect to a constituent problem. He called back from Washington, and I commended him on the work that he had done to bring about the settlement. And for the first time, I understood that there was a problem. He said he didn't -- he just couldn't understand what was happening. I said, What do you mean? Isn't the whole thing settled? He said, We thought it was settled. He said, But I don't understand what's going on. SEPTA is denying that they agreed to provisions that I myself negotiated together with board member Wooden as a condition of which the settlement got resolved. He said the mayor had agreed to a provision relating to health benefits. It's the health benefits provision that's at stake. Currently, if a SEPTA worker gets hurt, in addition to Workman's Compensation, the worker is entitled to receive SEPTA benefits 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS because Workman's Compensation doesn't cover that. And the dispute referred to a one-week difference between what SEPTA agreed to and what the union agreed to. It was agreed by both sides that every worker would be entitled to one year plus, for current employees, ten additional weeks of health insurance, in addition to the year for every year worked. With respect to new hires, the agreement was one year plus nine weeks. That was the union proposal. Brady and Wooden went to the mayor's office, and the mayor and David L. Cohen met separately. And, finally, the mayor said, If this is what it takes to settle the strike, we will go along with the union proposal of one year and ten weeks for current employees, and one year and eight weeks for new hires. The union said -- Bob Grady particularly was the one that said it -said, That's not the union proposal; the union proposal was for new employees -- one year, plus nine weeks. And that was the difference, and that's the issue that's being raised by SEPTA to encourage the SEPTA Board not to take any action 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS and to have SEPTA as a company not to execute the contract. I think it's absolutely deplorable. It happens that on December 3rd, there is a 3 percent pay increase due to all SEPTA workers under the terms of the negotiated contract. There was no dispute as to that. But, of course, if there's not a settlement, there won't be a pay increase. And I just can't understand and nobody familiar with it understands why SEPTA is seeking to rile up the situation again and maybe impose another strike on the city of Philadelphia on December the 3rd. This resolution -- this City Council in June passed an ordinance transferring the SEPTA funds from the SEPTA budget to the City Council budget to ensure a sound settlement and to make sure that relations between SEPTA and the union are on a positive note. This resolution calls for some action. And, Mr.

Councilman Cohen

President, I urge every member of City Council to vote in favor of this resolution, which calls for a sound bargaining contract for adherence to agreements made and for avoiding the 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS very serious likelihood of a strike on December 3rd. Thank you, Mr. President.

President Street

Thank you very much. (Applause.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilman Krajewski.

Councilman Cohen

Were there any nays, Mr. President?

President Street

No nays.

Councilwoman Krajewski

Mr. President, I have no bills or resolutions.

President Street

The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Thank you, Mr. President. I offer two bills by request; one resolution cosponsored by myself, Councilman 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS Nutter, Council Krajewski, and Councilman DiCicco. And a second resolution offered by myself.

President Street

The clerk will please read the titles of the bills.

Chief Clerk Hauser

An ordinance authorizing the paving of Geary Street, Davinci Drive, and Justinian Circle, under certain terms and conditions. An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 46-S in the area of Geary Street and 20th Street, by placing on the City Plan Geary Street from 20th Street to Davinci Drive and Justinian Circle from Davinci Drive westward. And a resolution -- I'm sorry.

President Street

These bills will be referred to the appropriate committee. The clerk will please read the title of the first resolution introduced by Councilwoman Verna.

Chief Clerk Hauser

A resolution authorizing the Finance Committee of the City of Philadelphia to investigate the hiring process of top officials of the Philadelphia Gas Works; 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS further, that the Philadelphia Gas Works executive board explain executive personnel hiring policies, including compensation that currently exists or will be implemented for all future hires, authorizing an investigation into all spending practices of the Philadelphia Gas Works; and authorizing the committee, in furtherance of such investigation, to issue such subpoenas as may be necessary to compel the attendance of witnesses.

President Street

The Chair recognizes Councilwoman Verna.

Councilwoman Verna

I move the adoption of the resolution. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted.

President Street

The clerk will please read the title of the second resolution introduced by Councilwoman Verna.

Chief Clerk Hauser

A resolution authorizing the commissioner of public property to 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds for properties located in the 36rd Ward of the city of Philadelphia.

President Street

The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Move the adoption of the resolution. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Mr. President. I offer three bills, one by request.

President Street

The clerk will please read the titles of the bills.

Chief Clerk Hauser

An ordinance amending Title 10 of The Philadelphia Code entitled "Regulation of Individual Contact and Activity" by amending Chapter 10-300 entitled "Minors" by amending Section 10-303 entitled 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS "Unlawful Conduct of Minors" and Section 10-304 entitled "Unlawful Conduct of Parents" by amending the hours of curfew on certain days, all under certain terms and conditions. And an ordinance amending Title 10 of The Philadelphia Code entitled "Regulation of Individual Conduct and Activity" by amending Chapter 10-300 entitled "Minors" by amending Section 10-303 entitled "Unlawful Conduct of Minors" and Section 10-304 entitled "Unlawful Conduct of Parents" by amending the hours of curfew, all under certain terms conditions.

President Street

These bills will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you. I have -

President Street

Excuse me, Councilwoman. (Brief interruption.)

President Street

Please proceed.

Chief Clerk Hauser

An ordinance amending Title 1 of The Philadelphia Code entitled 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS "General Provisions" by providing a general procedure for the issuance of notices of violation and the payment of a specified amount in response to a notice of violation in lieu of a code enforcement complaint being issued and fines being imposed in the full amount provided by particular sections of the code or regulations adopted under the provision of the code, all under certain terms and conditions.

President Street

This bill also will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Mr. President. I offer one bill by request.

President Street

The clerk will please read the title of the bill.

Chief Clerk Hauser

An ordinance authorizing the revision of lines and grades on a portion City Plan No. 128 of an area bounded by Cambria Street, 19th Street, Indiana Avenue, and 17th Street, by striking from the City Plan and vacating 18th Street from Cambria Street to Indiana Avenue and reserving and placing on the 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS City Plan a certain right-of-way for drainage purposes and water main purposes, under certain terms conditions.

President Street

This bill will be referred to the appropriate committee. The Chair recognizes Councilman Nutter.

Councilman Nutter

Mr. President, I offer one bill on your behalf, and two bills and one resolution on my own.

President Street

The clerk will please read the titles of the bills.

Chief Clerk Hauser

An ordinance amending the Retirement System Ordinance approved December 3, 1956, as amended, and amending the Municipal Retirement Benefit Plan 1987 Ordinance, which became effective January 8, 1987, as amended, by adding new sections to, in the case of both ordinances, provide for increases to the benefits of certain non-uniformed retirees, by providing for cost-of-living increases and by allowing certain non-uniformed employees to purchase service credit based on a higher compensation, under certain terms conditions. And an ordinance amending Title 16 of 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS The Philadelphia Code entitled "Public Property" by prohibiting billboards, commercial signs, or other advertising signs on city property, unless Council shall have, by ordinance, authorized such signs, all under certain terms conditions. And an ordinance amending Title 16 of The Philadelphia Code entitled "Public Property" by prohibiting erection of signs naming a city building or facility, unless Council shall have, by ordinance, officially named such building or facility, under certain terms conditions.

President Street

These bills will be referred to the appropriate committee. The clerk will please read the title of the resolution introduced by Councilman Nutter.

Chief Clerk Hauser

A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia, which includes inter alia the redevelopment and urban renewal of a portion of the West Philadelphia Redevelopment Area identified by respective house numbers and street addresses as 1226, 1241, 1243, 1245, 1246, and 1331 Alden Street. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS The Chair recognizes Councilwoman Nutter.

Councilman Nutter

Mr. President, I move the adoption of the resolution. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilwoman Tasco.4.

Councilwoman Tasco

Mr. President, I offer two resolutions. My ordinance was the same as Councilwoman Clark's, to name the Criminal Justice Center at 13th and Filbert "The Juanita Kidd-Stout Justice Center." Since she has introduced that, I will cosponsor hers.

President Street

Thank you very much.

Councilwoman Tasco

I offer two resolutions.

President Street

The clerk will please read the title of the first resolution introduced by Councilwoman Tasco. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS

Chief Clerk Hauser

A resolution authorizing the City Council Committee on Commerce and Economic Development to hold investigative hearings on the performance and compliance of Kvaerner Ship Builders and the Philadelphia Ship Yard Development Corporation, with the participation goals of minority and female businesses and contractors on the rehabilitation of the Philadelphia Naval Yard.

President Street

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Mr. President. . . I move for the adoption of the resolution. I'd like to speak on the resolution.

President Street

Is there a second? (Duly seconded.)

President Street

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Mr. President, in December, when the National League of Cities held its annual conference here, the issue of the matter of passing the Kvaerner ordinance was before this Council. And at that time, I made comments on the floor about my concern over the 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS contract, and I was also concerned about us being asked as a Council to sign and approve this legislation without having read the details. And we talked about the devil being in the details. It has been brought to our attention by some contractors in the city that there is not an equitable -- or no process for getting information about contracts at the Naval Ship Yard, under Kvaerner's jurisdiction. And also, we are concerned about the board, the Philadelphia Ship Development Corporation Board and the composition of that board. We have met with Mr. Hankowski, we have asked him to give us a detailed plan about how they plan to implement the 20 and 30 percent. We want a detailed plan. And we also want them to change the makeup of the board. We have not heard from them to this extent so, therefore, we're putting it in this resolution so that we can have them come in and tell us what they're doing there and to see what further action this Council has to take to make sure that our will is carried out. Thank you very much. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS

President Street

Thank you very much. The Chair recognizes Councilman Clark.

Councilwoman Clark

Mr. President, I rise and speak in favor of this resolution because this is an issue the fairness. When, during the League of Cities, this issue arose, I reminded my colleagues that this was very much like when I was a teenager, when teenage boys said to teenage girls, "Trust me." I told you then I didn't think much about that as a concept. And now, as a gray-haired grandmother, I think even less of it. It is important for us to bargain in the future, and we knew that Kvaerner Ship Building needed the pressure of having committed publicly what it was going to do in fairly allocating opportunities for jobs and contracting in the Naval Ship Yard under the Kvaerner Ship Building. I am distressed that nothing has been done to cause these promises to take life as projects. And when qualified contractors have presented themselves and their qualifications, the flimsiest reasons have been put forth for returning a negative answer. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS We have an obligation in this Council to be sure that everybody who is qualified participates. We have no interest in doing anything that harms this economic development project. But, as we said almost a year ago, the time to insist is while there is still an opportunity. And I would ask all of the colleagues on this floor, in this Council, who understand how important it is for minorities and women to participate fully to join us in insisting that this project be all that it can be for everybody. Thank you.

President Street

Thank you very much. The Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Mr. President. I want to first commend Councilwoman Tasco for taking leadership on this matter. She called a meeting. I believe it was last week down on the third-floor conference room. And what occurred just shocked me beyond belief. Apparently, the current administration believes that all they have to do to get Council approval 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS is to come in and say, "We're going to take care of everything" and then do absolutely nothing, because it turned out that the city administration has taken no steps whatever, as Councilwoman Clark pointed out, to even check as to whether there was compliance with the very general proposal by Kvaerner that they would be fair and equitable and that there would be principles of diversity and that they would meet all of the city's technical requirements with respect to employment entrepreneurs and a working force. The city has done absolutely nothing to even check into what was happening. This came from Mr. Hankowsky, who appears so frequently at City Council in support of different projects as part of his work, and he makes these general guarantees and promises, and absolutely zero was done. It's just urgent that City Council impress upon the mayor the mayor's responsibility in seeing to it that the promises made by members that he has appointed carry out those promises. And so I think this is an excellent resolution. I think Council action is necessary, and I join with 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS Councilwoman Clark in asking that all members support this resolution. Thank you.

President Street

Thank you very much. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Mr. President. I, too, join Councilwoman Clark and Councilman Cohen and Councilwoman Tasco in asking all members to join in support of this resolution. I guess about a few weeks ago, there were quite a number of minority contractors that came to see me, and some of the things that they told me, I just couldn't believe. They weren't even begin opportunities to bid on contracts. And I know during the hearings, the general consensus in the community was that the Kvaerner deal was not going to really impact -economically impact minority firms and women firms, and it just seems like it's coming true. And then what really kind of aghast me was that the agencies that are hired to monitor the participation level were put off the ship 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS yard. When two people showed up, one from OHCD, the other from minority business, to monitor minority participation, they were told by security guards that they're not allowed at the ship yard anymore. So since that time, I've met with the contractors down at the ship yard with the president of Kvaerner, and we're still waiting to get the results of that meeting, but I think this is an important resolution, that we have to show Philadelphians that, you know, we're going to stand by them, and this is just an issue of fairness is what this is all about. It's -- this is public money, and "public" means everybody irregardless of the color of your skin. And we've got to help our people. Thank you.

President Street

Thank you very much. All those voting aye will be voting in favor of the resolution. Those voting nay will be voting against. All those voting aye, let it be known by saying aye. Those voting nay, say nay. 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS The ayes have it. The resolution is -was there a nay?

Councilman Cohen

Was there a nay? Or was the vote unanimous?

President Street

Was there a nay?

Councilman Longstreth

I say nay.

President Street

One nay? Two nays. The record will reflect that Councilman DiCicco and Councilman Longstreth voted nay on the resolution.

Councilman Dicicco

I said aye.

President Street

I'm sorry. I thought I heard a nay.

Councilman Cohen

Let's have a roll call.

President Street

No, no, no. All those voting aye will say aye. Those voting nay will say nay. There are two nays -- Councilwoman Krajewski and Councilman Longstreth. The clerk will please read the title of the second resolution introduced by Councilwoman Tasco.

Chief Clerk Hauser

A resolution 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS naming October as "National Family Sexuality Education Month" and recognizing Planned Parenthood of Southeastern Pennsylvania for its education and training programs to promote positive sexual health.

President Street

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

(Inaudible.) (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Mr. President. I offer four bills and one resolution.

President Street

The clerk will please read the titles of the bills.

Chief Clerk Hauser

An ordinance creating the St. James Court Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS Development ("PAID") for the redevelopment of the St. James Court Tax Increment Financing District being the area generally bounded by Eighth Street on the west, Walnut Street on north, St. James Court on the south, and Washington Square on the East; and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the act of July 11, 1990. And an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Temple East, Inc. at its Northeastern Hospital facility and at its Newman Medical Center facility, and the Convent of the Sisters of St. Joe's of Chestnut Hill and, it's St. Joseph's Villa Nursing Home facility, for the Hospitals and Higher Education Facilities Authority of Philadelphia to undertake certain projects for Temple East, Inc. and the Convent of Sisters of St. Joseph Chestnut Hill, each a Pennsylvania nonprofit organization organized under the laws of the Commonwealth of Pennsylvania. And an ordinance authorizing Pietro 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS Coal Oven Pizzaria, Inc., located at 121 through 123 South Street, Philadelphia, Pennsylvania, to construct and maintain various encroachments onto and over the north footway of South Street, adjacent to 121-123 South Street, under certain terms and conditions. And an ordinance amending Chapter 9-200 of The Philadelphia Code entitled "Commercial Activities on Streets" by deleting Subsection 9-206(10)(b.), which created a sidewalk vending neighborhood business district entitled "The Broad and Snyder Business District"; and by amending Section 9-205 to permit sidewalk sales on Broad Street in the vicinity of the southwest corner of Broad and Shunk Streets.

President Street

These bills will be referred to the appropriate committee. The clerk will please read the title of the resolution introduced by Councilman DiCicco.

Chief Clerk Hauser

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 conditional fee 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS simple title to certain city-owned lots or pieces of ground, with the buildings and improvements thereon, situated in the 5th, 31st, and 39th Wards of the city of Philadelphia.

President Street

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Mr. President. I move for the adoption of the resolutions. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilwoman Tasco for the purpose of introducing resolutions on behalf of Councilman Ortiz.

Councilwoman Tasco

Mr. President, I offer two resolutions on behalf of Councilman Ortiz.

President Street

The clerk will please read the titles of those resolutions.

Chief Clerk Hauser

A resolution 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS recognizing and honoring Rudy Battle for his many achievements in the world of sports and his contributions to professional boxing as he is inducted into the New Jersey Boxing Hall of Fame on November 12, 1998. And a resolution recognizing and honoring Peter ("Sneaker Pete") Thompson for his commitment, caring, and concern for the children and charities in Philadelphia.

President Street

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Mr. President, I move for the adoption of the resolutions. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolutions are adopted. The Chair recognizes Councilman Mariano.

Councilman Mariano

One bill, Mr. President.

President Street

The clerk will 10/8/98 STATED MEETING - INTRO. OF BILLS, RESOLUTIONS please read the title of the Bill.

Chief Clerk Hauser

An ordinance amending Chapter 10-600 of The Philadelphia Code entitled "Public Places Prohibited Conduct" by adding a new section prohibiting remaining public places with no apparent purpose in a group which includes a person reasonably believed to be a criminal or street gang member when a police officer has ordered such a group to disperse.

President Street

This bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth.

Councilman Longstreth

Mr. President, I have no bills or resolutions today.

President Street

The Chair thanks the Councilman. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Mr. President, I have one resolution.

President Street

The clerk will please read the title of the Resolution.

Chief Clerk Hauser

A resolution recognizing and commending the career and 10/8/98 STATED MEETING - REPORTS FROM COMMITTEES achievements of Al Meltzer upon his retirement as a sportscaster for NBC-10.

President Street

The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Mr. President, move for the adoption of this resolution. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted.

President Street

The next order of business, then, is reports from committees. The Chair recognizes Councilwoman Clark for the report on the Council Committee on Public Property.

Councilwoman Clark

Mr. President, the Committee on Public Property and Public Works reports out one bill, Bill No. 980528, with a favorable recommendation and with the recommendation that the rules of Council be suspended so as to permit first reading today. 10/8/98 STATED MEETING - REPORTS FROM COMMITTEES

President Street

The clerk will please read the report.

Chief Clerk Hauser

To the President and Members of the Council of the City of Philadelphia, the Committee on Public Property and Public Works, to which was referred Bill No. 980528 entitled an ordinance authorizing the Commissioner of the Department of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to a parcel of real estate, with any improvement situated thereon, located at 3827-37 Whittaker Ave., Philadelphia, Pennsylvania, and also known as 3901 Whittaker Ave., Philadelphia, Pennsylvania, under certain terms and conditions, respectfully reports that it has considered the same and returns the attached bill to Council with a favorable recommendation.

President Street

The Chair recognizes Councilwoman Clark.

Councilwoman Clark

Mr. President, I move the adoption of the committee report. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. 10/8/98 STATED MEETING - REPORTS FROM COMMITTEES Those opposed, say nay. The ayes have it. The rules are suspended, then this bill will be placed on our first-reading calendar for today. This brings us to the end of our consideration of reports.

Councilwoman Blackwell

Mr. President.

President Street

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. I have a bill which I neglected to introduce at the beginning of the session.

President Street

The Chair recognizes Councilwoman Blackwell for the purpose of introducing this bill. The clerk will please read the title of the bill.

Chief Clerk Hauser

An ordinance amending the retirement system ordinance approved December 3, 1956, as amended, and amending the Municipal Retirement Benefit Plan 1987 Ordinance, which became effective January 8, 1987, as amended by adding, new sections to, in the case of both ordinances, provide for increases to the benefits of certain uniformed and non-uniformed retirees, 10/8/98 STATED MEETING - CALENDAR CONSIDERATION by providing for cost-of-living increases and by allowing certain uniformed and non-uniformed employees to purchase service credit based on a higher compensation, under certain terms and conditions, and making certain related technical amendments.

President Street

This bill will be referred to the appropriate committee.

President Street

The next order of business is consideration of the calendar. The chief clerk will read the bills on the first-reading calendar.

Chief Clerk Hauser

Bill No. 980528, an ordinance authorizing the Commissioner of the Department of the Department of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to a parcel of real estate, with any improvements situated thereon, located at 3827-37 Whittaker Ave., Philadelphia, Pennsylvania, and also known as 3901 Whittaker Ave., Philadelphia, Pennsylvania, under certain terms and conditions.

President Street

The Chair agrees. 10/8/98 STATED MEETING - CALENDAR CONSIDERATION The bill read by the chief clerk will be placed on the second-reading calendar and final-passage calendar for our next meeting.

President Street

Council will now consider bills on the second-reading and finalpassenger calendar. The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Thank you, Mr. President. There are no bills on the second-reading and final-passage calendar to be considered.

President Street

This completes our consideration of the calendar.

President Street

Are there any speeches on the part of Members of the Minority? (No speeches on the part of Members of the Minority.)

President Street

Are there any speeches on the part of Members of the Majority? The Chair recognizes Councilwoman Miller. 10/8/98 STATED MEETING - SPEECHES

Councilwoman Miller

Thank you, Mr. President. I just wanted to let everyone here and those listening know that there's going to be a community meeting on Tuesday, at Zion Annex -- and that's on the northeast corner of Broad and Vernango -- at 7 p.m. We'll give a written notice out later to Councilmembers. This meeting -- the community is coming together to talk about and investigate the Dante Dawson killing, and Dante happens to be a resident of the 8th Councilmatic District. And my office sponsoring and facilitating this meeting, along with the Pennsylvania Legislative Black Caucus, the Northwest Action Committee, the Black Clergy of Philadelphia, the Peace Clergy, the NAACP, and the ACLU. So we want to encourage people to come. We'll certainly be looking at the Dawson death and other issues concerning reforms needed in the criminal justice system, so I just wanted to let everybody know. Thank you.

President Street

Thank you very much. 10/8/98 STATED MEETING - SPEECHES Are there any other speeches? The Chair recognizes Councilwoman Clark.

Councilwoman Clark

Mr. President, I didn't want to let this opportunity pass to express my appreciation to Congressman Chaka Fattah and to congratulate him on having his bill passed, his bill, High Hopes 21st Century Scholarships, which the president signed into law yesterday. Through this bill, High Hopes, Congressman Fattah serves notice on youngsters as low in school as the 6th grade that if they will prepare themselves academically, they can be college-trained. I think it is an absolute expression of faith in the young people. It is a good way to invest public dollars, and I am pleased that he had the sight and the muscle to get this bill passed. We in Philadelphia will benefit greatly by it, as will children all over the country. Again Congressman Fattah, we thank you for your vision.

President Street

Thank you very much. The Chair recognizes Councilman 10/8/98 STATED MEETING - SPEECHES Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. Certainly, I agree with the comments made by the Councilwoman Clark with regard to Congressman Fattah. I would like to say that there are many, many issues going on with education today. That is why we took time this summer to prepare a charter school newsletter for you and other members of the city who wanted to know 'cause there's no listing of charter schools, who they are, what they are, and we will be reporting to you further on many, many other issues for everything from truancy to crime and many other issues that affect the school district. Thank you.

President Street

Thank you very much. The Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Mr. President. You know, we sit here and we deal with all sorts of local issues that we think are very important. 10/8/98 STATED MEETING - SPEECHES

President Street

Councilman Cohen, your microphone.

Councilman Cohen

Thank you. Yet in Washington today, there is unfolding a process that was aimed at lowering very, very substantially the way in which Philadelphians live. It would change the quality of life. It's a procedure known as impeachment, and it's being led by conservative forces who have captured one political party and established a real beachhead in the other. It is a process aimed at removing the effectiveness of a public vote of taking away the right of the American people to elect their president. Because the aim clearly is an aim that was started a long time ago, when Bill Clinton was elected president, and began to put forth at least the elements of a people's program aimed at making everybody's life in the United States a little better. He established a record which won world renown, and then he committed a terrible personal act. I don't know how many others have; all kinds of studies show that many millions of Americans 10/8/98 STATED MEETING - SPEECHES have committed the same act, and all of them regret it, and the president has made very clear his regrets. But it's to no avail because the issue really has nothing whatever to do with the action taken -- the wrong actions taken by the president, but has to do with the fact that the conservatives in Congress believe that through this so-called impeachment process, they can avoid dealing with the basic issues, for example, of saving Social Security for our senior citizens because, as you know, the conservatives are saying we can use the surplus for other reasons while the president says all of the surplus must go to saving Social Security so that current seniors, the baby boomers about to become seniors, and their children have an effective Social Security system. We talked a minute ago about education. There's a bill before Congress that this Congress is not the least bit interested in establishing, and that would be the groundwork for the employment of 100,000 new teachers throughout the United States as well as seeking to develop a funding process to rehabilitate outmoded school 10/8/98 STATED MEETING - SPEECHES buildings and were necessary to replace them. Meaningful campaign reform attacks are made by one party and the other. It's strange that these attacks are being made by the party that raises most of the money against the party that has raised a lesser amount of money. And so the party that's seeking to oust the president of the United States feels that this impeachment process will take attention away from the failure of Congress to deal with campaign finance reform. The budget. We had to shut down the federal government a few years ago. To date -and December 9th is the deadline -- October 9th, not December 9th, is the deadline. To date, only 4 of 13 budget bills have been passed. A couple weeks ago, the same conservative group fought against and prevented a one-dollar-an-hour minimum wage increase from taking place. You know, even with that one-dollar increase, the wages for someone who worked a full 40-hour week would still be below the poverty line. But the conservatives said no, no, too many people perhaps might be able to eat a little 10/8/98 STATED MEETING - SPEECHES better than they're eating today and, they opposed it. And then in the issue so important to everyone, but particularly important to seniors, is the question of the Patient Bill of Rights for those who are members of HMO. And I'm only mentioning a few of the items where the president has taken a very strong position in favor of seeing that doctors and not insurance clerks make decisions as to the kind of care people get. You know, another interesting thing about that is the whole thing is being masterminded by a fellow called Newt Gingrich, and he is the one that clearly is directing the strategy in the House of Representatives.

Councilman Cohen

Well, among other bones that one might pick with Newt Gingrich is the fact that he himself was censured by the House of Representatives in a bipartisan vote for totally unethical money-laundering tax-exempt funds that he used for partisan political purposes. And the conserve tiffs who preach such high standards of morality, after Gingrich was censured by them, the conservatives reelected him as speaker of the 10/8/98 STATED MEETING - SPEECHES house in a brand-new election. The whole thing is a sham and a farce. And, Mr. President, I think all of us have got to be out on the streets letting people know, and I think November 3rd is the time when the people have to speak with their ballots. Thank you, Mr. President. )

President Street

Thank you very much. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. I also want to agree and thank my colleague. Last session, he spoke for our president; this session, he spoke for our president. He did his homework, told us the way he's been outstanding, and certainly, I agree with him and hope that all of us would agree, and I think we do. And I think the American people have shown that they stand by our president. Thank you, Mr. President.

President Street

Thank you very much. Are there any other speeches? 10/8/98 STATED MEETING - ADJOURNMENT (No further speeches.)

President Street

The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Mr. President, I move that Council stand adjourned until Thursday, October 15, 1998, at 10 a.m. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The Council stands adjourned till Thursday, October 15, 1998, at 10 o'clock a.m.. (Adjourned at noon.) C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, October 8, 1998, were reported and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter