COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, December 10, 1998 12:50 p.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 BRIAN J. O'NEILL 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 12/10/98 STATED - Greeting/Invocation P R O C E E D I N G S
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 Reggie Johnson, who is the Assistant Pastor of Sharon Baptist Church. Reverend Johnson is here today as a guest of Councilman Kenney. Members and guests will please rise. (Members and guests stand.)
Good afternoon to the President of City Council and the Honorable John Street and his esteemed colleagues, and all those in attendance. Romans 13 talks about God being the ultimate power and that that same God has ordained governments, and that whosoever would resist that power would the ordinance of God. And in doing so, they would recede to themselves damnation. Let us pray. 12/10/98 STATED - Greeting/Invocation It is because of the Lord's mercies that we are not consumed. And each morning that we awaken, we are recipients of that mercy. Great is God's faithfulness. Father, in the name Jesus and by your spirit, I approach your throne this afternoon. And I do so with great expectation and anticipation, for God, I'm only going to ask you for that what which you have promised. You tell us in your word that if any man, if any woman needs wisdom, that all we have to do is ask for it, and that you would give that wisdom liberally. And as these men and women of City Council go about the business of navigating the course of this city into a new year and eventually into a new millennium, Lord, I ask that you go with them, that you stand by them, that you make your presence known in their lives. Now, God, may your spirit rest, rule, and abide over this general session. I offer this prayer in the matchless and marvelous and majestic name of Jesus, the Christ and for his sake. And I pray, with 12/10/98 STATED - 12/3/98 Journal Approval thanksgiving always, our hearts and souls can say amen. ALL: Amen.
The Chair thanks Reverend Johnson for his inspiring invocation. (Council stands at ease.)
Would Councilman O'Neill please approach the Chair. (Councilman O'Neill approaches the Chair)
The next order of business is the approval of the journal of the meeting of Thursday, December 3, 1998. The Chair recognizes Councilwoman August Clark.
Mr. President, I move the adoption of the journal of December 3, 1998. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. 12/10/98 STATED - Leaves of Absence The ayes have it. The journal of the meeting of Thursday, December 3, 1998 stands approved.
The next order of business is leaves of absence. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. On behalf of the Majority, there are no requests for leaves of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Mr. President, on behalf of the Republicans, there are no request for leaves of absence.
At this time, we will dispense with our regular order of business 12/10/98 STATED - Visitor Recognition to recognize visitors. To all of our visitors and guests with us this morning, the Chair welcomes you here today and applauds your interest in the civic affairs of our City, and we certainly invite you to come again. At this time, the Chair recognizes Councilwoman Miller.
Thank you, Mr. President. I'd like to at this time request a leave from chambers for a short period of time to attend to Council business. And if necessary, I'd like to be reported as voting yes on all resolutions and bills.
The Chair thanks the Councilwoman. Leave will be granted.
The next order of business, then, is communications. The Chair recognizes the sergeant-at-arms for the purpose of delivering the messages from the mayor to the chief clerk. (Sergeant-at-arms delivers messages 12/10/98 STATED - Communications from the mayor to the chief clerk.)
November 29, 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 28 bills which were passed by Council on November 12, 1998. December 6, 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 Bill No. 980750. December 7, 1998: I am pleased to advise you that Bills 960822 and 980790 were signed on December 7th. An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development ("PAID"), without consideration, a deed conveying fee simple title to a certain tract of City-owned land, with the buildings and improvements thereon situate in an area generally bounded by Casper, Carbon, Ontario, and Tioga Street; and further authorizing PAID, 12/10/98 STATED - Communications notwithstanding any contrary requirements of the Philadelphia Industrial commercial agreement between the City, the Philadelphia Authority for Industrial Development and the Philadelphia Industrial Development Corporation to reconvey this property for a nominal consideration upon written approval of the Director of Commerce. And an ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning" by adding a new Section 14-1616 entitled "Keystone Opportunity Zones Special District Controls" prohibiting residential uses in certain deteriorated areas of the City and providing for service on the relevant City departments of certain applications relating to the use of property in such areas, all under certain terms and conditions.
These messages will be printed in the journal. The chief clerk will read any other communications in her possession.
I have one, Mr. President. December 10, 1998, to the Honorable 12/10/98 STATED - Communications Members of City Council of Philadelphia: Since January 1980, I have served as a member of the Council of the City of Philadelphia, representing the 5th District, located in north central Philadelphia, significant parts of Center City and our Center City business district. I have worked to be a credit to our community and to carry on the tradition of leadership established by the Honorable Raymond P. Alexander, Dr. Ethel Allen, and the Honorable Cecil B. Moore. A special thanks to the citizens of my district for their continuous support and confidence. In January 1992, this Council unanimously elected me to serve as President of this Honorable Body, and you reelected me in January 1996. Serving as your leader has been an honor. Thank you for your extraordinary effort over the last seven years on behalf of all Philadelphian. A special thanks to Councilwoman Ann Verna-Majority Leader, Councilwoman Augusta Clark-Majority WHIP, and Councilman Brian O'Neill-Minority Leader, whose support has been 12/10/98 STATED - Communications invaluable. Our bipartisan decisions have broadened public confidence and facilitated the current Philadelphia renaissance. To Mayor Rendell, our accomplishments since 1992 have resulted from your recognition of City Council as your partner in governing Philadelphia. The Council and the Mayor must build on that partnership to expand the prosperity currently enjoyed by many who live and work in Philadelphia. Personally, I have great respect and appreciation for your leadership. You have reaffirmed my belief that one person with passion, vision, and integrity can make a profound difference. Thank you for your friendship and support. I also want to recognize the work of the Mayor's former Chief of Staff, David L. Cohen, who worked tirelessly with this Council during his years in the Administration. Since I "jumped" on the stage of the Academy of Music to salute my election as President of City Council, I have loved being your president. Your willingness to make tough decisions has positioned me to provide leadership 12/10/98 STATED - Communications and help shape public policy during a tumultuous period in our history. As a result, I have experienced firsthand the pride and frustration felt by Philadelphians in every neighborhood. Although I will always love this Council and treasure the friendships I have made during my 19 years of service, it is time to leave. Therefore, the Council session scheduled for December 17, 1998 shall be my last, and I hereby give notice that I shall resign from City Council effective December 31, 1998. Although we have enjoyed success on many specific issues, I am most proud of the fact that we have demonstrated that leaders from different communities, backgrounds, and political priorities can work through their differences to find constructive common ground. I wish each of you success in your future endeavors, and I look forward to a continued positive working relationship. Over the next few weeks, I will further contemplate and finalize my future plans. However, I assure you and all of the people who live and work in Philadelphia that I will continue 12/10/98 STATED - Communications my efforts to build better neighborhoods which are safe and clean. I will continue to work to develop job opportunities and economic expansion. I will work to ensure a quality education to every student attending our public schools. In January 1992, when I first accepted your gracious invitation to serve as your leader, I said the following: The Council President and Members must respect the prerogatives of the Mayor without forfeiting our independence. Councilmembers and leaders must develop a set of ethical guidelines which represent a baseline standard to which we are bound in the defining of our relationship to each other and our duty to our constituents.
Ethical considerations must not be a slave to political expediency. Council leader and members must be sensitive but not weak. Council leaders must exercise the responsibility of leadership without violating the sacred privilege of membership. We have done this. All Philadelphians have benefitted, and we are pleased to assume our rightful place among the great cities in America. 12/10/98 STATED - Introduction of Bills, Resolutions God bless. Sincerely, John F. Street, President.
The next order of business is the introduction of bills and resolutions. Chair recognizes Councilwoman Clark.
Mr. President, today I have one resolution on your behalf.
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, without consideration, deeds for properties situate in the 16th, 29th, 32th, 37th, and 43rd Wards of the City of Philadelphia.
Mr. President, I move for the adoption. 12/10/98 STATED - Introduction of Bills, Resolutions (Duly seconded.)
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.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Cohen.
The Chair thanks the Councilman. The Chair recognizes Councilwoman Krajewski.
The Chair thanks Councilwoman Krajewski. The Chair recognizes Councilwoman 12/10/98 STATED - Introduction of Bills, Resolutions Verna.
Thank you, Mr. President. On your behalf, I offer one resolution and one bill. On my behalf, I offer one bill. And on behalf of myself and Councilmembers Kenney and DiCicco, I offer one resolution.
An ordinance granting permission to Marvin Vey, 2009 South 20th Street, Philadelphia, Pennsylvania, 19145, owner of the newsstand located on the northeast corner of 20th Street and Snyder Avenue, to construct, use, and maintain an overhead electrical line from an existing utility pole on Snyder Avenue. And an ordinance amending Title 14 of The Philadelphia Code entitled "Zoning and Planning" by adding a new Section 14-1616 entitled "Keystone Opportunity Zone Special District Controls" prohibiting residential uses in certain deteriorated areas of the City and providing for service on the relevant City departments of certain applications relating to the use of the 12/10/98 STATED - Introduction of Bills, Resolutions property in such areas, all under certain terms and conditions.
These bills will be referred to the appropriate committee. The clerk will please read the title of the first resolution introduced by Councilwoman Verna.
A resolution authorizing the Committee on Public Property and Public Works to hold hearings on the current and proposed rates changed by Greater Media Cable.
I move the adoption of the resolution. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is adopted. The clerk will please read the title of the second resolution introduced by Councilwoman Verna. 12/10/98 STATED - Introduction of Bills, Resolutions
An ordinance calling on the Mayor, the Commissioner of Health, AIDS Activities Coordinator Office, Philadelphia EMA-HIV Commission, and Philadelphia AIDS Consortium to focus existing and future research and needs assessment efforts to identifying the causes of these grave disparities and develop a plan that addresses these disparities and assures that sufficient resources and support are allocated in addressing this epidemic in a manner that empowers these most heavily impacted communities to build infrastructures that employ effective models of prevention and treatment.
I move the adoption of the resolution. (Duly seconded.)
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. 12/10/98 STATED - Introduction of Bills, Resolutions
The Chair thanks the Councilman. The Chair recognizes Councilman Nutter.
The clerk will please read the titles of the resolutions.
A resolution authorizing the Council Committee on Finance to thoroughly evaluate the issue of pension benefit increases for the City of Philadelphia retirees to review and analyze pension benefit plans of other cities and states that provide for cost-of-living adjustment or ad hoc increases for retirees; to draft a report and make recommendations to the full City Council for a schedule of regular pension benefit reviews; and to develop an implementation plan timetable which provides for fiscally responsible cost-of-living adjustments or ad hoc increases in pension benefits for public employee retirees; and further authorizing funding in an amount not to exceed $100,000 to retain 12/10/98 STATED - Introduction of Bills, Resolutions financial and actuarial consultants who shall assist the Finance Committee in its review and analysis and in preparation of its report providing recommendations and an implementation plan.
Mr. President, I move the adoption of the resolution. And I'd like to be heard on the resolution as well. (Duly seconded.)
Properly moved and seconded. The Chair recognizes Councilman Nutter.
Thank you, Mr. President. Mr. President, this resolution, the prime cosponsors of which are myself, Councilwoman Verna, Councilwoman Blackwell, Councilman DiCicco, Councilman Kenney, Councilwoman Tasco, and Councilman Cohen, is offered in a spirit of recognizing that this Council will have other matters before it involving the pension system; and that it is in the Council's best interest in 12/10/98 STATED - Introduction of Bills, Resolutions trying to make future decisions having nothing to do with any decisions that may be mated today, that this Council should have for itself its own financial and actuarial consultants to assist us in these somewhat complicated matters of pension and pension benefits. There was discussion earlier today, Mr. President, and I wish to clear up any confusion that may exist in anyone's mind. The purpose of this resolution is to look at future issues. There is no member of this Council who believes that this resolution has any impact whatsoever, and it will not have any impact whatsoever on the deliberations that will take place later on today when we return to the Committee of the Whole. In that session, Mr. President, we will deal with bills that may turn into ordinances. This is merely a resolution authorizing the Committee on Finance to look at a wide variety of issues. So there should be no confusion about this. Councilmembers will take whatever action they, take but no one will stand behind this particular resolution to deflect any action that 12/10/98 STATED - Introduction of Bills, Resolutions they may want to take or not want to take. Councilmembers will make up their minds about that solely on the merits of those particular issues, and not based on this resolution. With that, Mr. President, I move the adoption of the resolution.
Mr. President, I just want to thank Councilman Nutter for his statement. Thank you very much. I think it's a fine resolution.
Thank you. I'd like to say thank you to Councilman Cohen to his thank you. (Laughter.)
Councilman Cohen, would you like to thank him for his thank you? (Laughter.) .
All those in favor, let it be known by saying aye. Those opposed, say nay. 12/10/98 STATED - Introduction of Bills, Resolutions The ayes have it. The resolution is adopted. The clerk will please read the title of the second resolution introduced by Councilman Nutter.
A resolution authorizing the Committee on Public Property and Public Works to hold hearings on the current and proposed rates charged by Wade Cable.
Mr. President, I move the adoption of the resolution. (Duly seconded.)
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 Tasco. (No response.)
I have no bills or 12/10/98 STATED - Introduction of Bills, Resolutions resolutions today.
Thank you, Mr. President. I offer two bills and one resolution.
An ordinance authorizing Mel Heitetz, 304 South 12th Street, Philadelphia, Pennsylvania, the owner of the property at 1132 Spruce Street, also known as 301 South 12 Street, Philadelphia, to construct and maintain a canopy with support columns on and over the east footway of South 12th Street, under certain terms and conditions. And an ordinance granting permission to Williams Communications, Inc., registered to do business in Pennsylvania, and its successors, assigns and agents to construct, maintain, operate, replace and remove a telecommunications system in and under the public rights-of-way and City streets and/or to place such telecommunications system within the existing 12/10/98 STATED - Introduction of Bills, Resolutions facilities owned by the Bell Atlantic Pennsylvania, Inc., PECO Energy Company, Southeastern Pennsylvania Transportation Authority, CSX Corporation, or other entity holding a grant pursuant to the City ordinances, all under certain terms and conditions.
These bills will be referred to the appropriate committee. The clerk will please read the title of the resolution introduced by Councilman DiCicco.
A resolution recognizing December 1998 as the month of Ramadan.
Mr. President, I move the adoption of the resolution. (Duly seconded.)
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 12/10/98 STATED - Introduction of Bills, Resolutions Councilman O'Neill.
Mr. President, I offer two bills and one resolution for which I ask immediate consideration, please.
The clerk will please read the titles of the two bills.
An ordinance amending Title 10 entitled "Regulation of Individual Conduct and Activity" under The Philadelphia Code to prohibit the placement of Dumpsters in the public right-of-way in area shopping center districts. And an ordinance amending Title 17 of The Philadelphia Code entitled "Contracts and Procurements" by amending Section 17-104 to provide for terms and conditions under which the City may contract for the placement of automatic teller machines on City property.
These bills will be referred to the appropriate committee. The clerk will please read the title of the resolution introduced by Councilman O'Neill.
A resolution authorizing the Commissioner of Public Property to 12/10/98 STATED - Introduction of Bills, Resolutions execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain properties in the 57th Ward of the City of Philadelphia.
Mr. President, I move the adoption of the resolution. (Duly seconded.)
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 Mariano.
An ordinance amending Title 10 of The Philadelphia Code entitled "Regulation of Individual Conduct and 12/10/98 STATED - Committee Reports Activity" by creating a new section to regulate the use of laser-pointing devices.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth.
Mr. President, I have no bills or resolutions today.
The Chair thanks the Councilman. The Chair recognizes Councilman Rizzo.
The next order of business is reports from committees. The Chair recognizes Councilwoman Verna for a report of the Committee of the Whole.
Thank you, Mr. President. The Committee of the Whole reports two bills out of committee with a favorable 12/10/98 STATED - Committee Reports recommendation. Also, I move that the rules of Council be suspended so as to permit immediate adoption of Bill No.'s 980752, 980753, and 980755.
To the President and Members of the City Council of the City of Philadelphia, the Committee of the Whole Council, to which was referred: Bill No. 980799, an ordinance creating the West Philadelphia Retail Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development ("PAID") for the redevelopment of the West Philadelphia Retail Tax Increment Financing District, being the area generally bounded by 52nd Street on the west, Jefferson Street on the north, the West Parkside Industrial Park on the east, and the Amtrak right-of-way on the south, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the act of July 11, 1990, P.L. 465, No. 113, as amended; and authorizing the Director of 12/10/98 STATED - Committee Reports Finance and other officers of the City to execute documents and do all things necessary to carry out the intent of this ordinance.
Mr. President, was it Bill No. 980893 that the clerk just read?
That's reported out of committee with a favorable recommendation. That's a TIF. We don't need a suspension of the rules on that.
Bill No. 980893, an ordinance amending an ordinance approved July 12, 1968, as last amended March 6, 1995, by Bill No.'s 986 and 1024 relating to the pension benefits for employees working on behalf of Philadelphia Gas Works, by adding certain provisions to the Philadelphia Gas Works Pension Plan relating to early retirement. 12/10/98 STATED - Committee Reports And resolution No. 98 -
Mr. Chairman, I'd like to ask for a suspension of the rules on that bill, please.
I understand. The chief clerk just read the title of the Bill No. 980708?
Has 980893 -- I'm sorry, I was temporarily distracted and I didn't follow the bills that were read. Will the chief clerk approach the chair. Will Councilwoman Verna please approach the chair. Please approach the chair. (Councilwoman Verna and Chief Clerk Hauser approach the Chair and briefly confer with President Street.)
The clerk will please reread 980893, which, I understand, is the one bill from the Council Committee of the Whole that was reported out this morning, that is ready for our consideration now. Is that correct, Councilwoman Verna? Please read the title of Bill No. 12/10/98 STATED - Committee Reports 980893.
An ordinance amending an ordinance approved July 12, 1968, as last amended March 6, 1995 by Bill No.'s 986 and 1024 relating to pension benefits for employees working on behalf of the Philadelphia Gas Works, by adding certain provisions to the Philadelphia Gas Works Pension Plan relating to early retirement.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading today of Bill No. 980893. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. Then Bill No. 980893 will be added to our first-reading calendar today. Now the clerk will please read the titles to Resolution No. 980752, 980753, and 12/10/98 STATED - Committee Reports 980755.
Resolution No. 980752, a resolution appointing Michael McMahon to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion. And Resolution No. 980753, a resolution appointing Dean Adler to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion. And Resolution No. 980755, a resolution appointing Charles M. Warfield, Jr. to the Board of Directors of the Special Services of the City Avenue Special Services District of Philadelphia and Lower Merion.
Thank you, Mr. President. I move the adoption of the three resolutions. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. 12/10/98 STATED - Committee Reports The ayes have it. These bills -- these resolutions are approved. Now, Councilwoman Verna, I need you to approach the Chair just one more time. (Councilwoman Verna approaches the Chair, briefly confers with President Street).
Bill No. 980799 was reported out favorably. This bill will be printed and placed on our first-reading calendar for our next meeting. The Chair recognizes Councilwoman Krajewski for the report of the Council Committee on Appropriations.
Mr. President, the Council Committee on Appropriations reports out ten bills with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Council Committee on Appropriations, to which was referred: Bill No. 980832, an ordinance authorizing transfers in appropriations for Fiscal 12/10/98 STATED - Committee Reports Year 1999 from the General Fund, the Director of Finance-Contributions to School District/Tax Cuts, the Department of Revenue-Sinking Fund Commission, the City Representative, and the Director of Commerce-Economic Stimulus, and the Auditing Department, and from the Grants Revenue Fund, the Director of Finance-Provision for Other Grants to the General Fund, the Mayor's Office of Information Services, the Department of Public Health, the Department of Human Services-Office of Emergency Shelter and Services, the Director of Finance-Community College of Philadelphia, the City Representative and the Director of Commerce, the Auditing Department, and the First Judicial District of Pennsylvania; Bill No. 980833, an ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the General Fund from certain or all City offices, departments, boards, and commissions to certain or all City offices, departments, boards, and commissions; Bill No. 980835, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the Grants Revenue Fund from the 12/10/98 STATED - Committee Reports Director of Finance-Provision for Other Grants to the Mayor; Bill No. 980836, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the Grants Revenue Fund from the Director of Finance-Provision for Other Grants to the Department of Human Services-Office of Emergency Shelter and Services; Bill No. 980837, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the Grants Revenue Fund from the Director of Finance-Provision for Other Grants to the Police Department, the Department of Recreation, the District Attorney, and the First Judicial District of Pennsylvania; Bill No. 980839, an ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund from the Director of Finance-Provision for other grants to the Police Department; Bill No. 980940, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the Grants Revenue Fund from the Department of Human Services to the Department of 12/10/98 STATED - Committee Reports Recreation; Bill No. 980841, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the Grants Revenue Fund from the Director of Finance-Provisions for Other Grants to the Streets Department; Bill No. 980886, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the HealthChoices Behavioral Health Revenue Fund from the Department of Public Health to the Department of Public Health; Bill No. 980887, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the HealthChoices Behavioral Health Revenue Fund from the Department of Public Health to the Department of Public Health.
Mr. President, I move that these the rules of Council be suspended so as to permit first reading on Bills No. 980832, 980833, 980835, 980836, 980837, 980839, 980841, 980886, and 980887. (Duly seconded.) 12/10/98 STATED - Committee Reports
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. These bills will be added to our first-reading calendar today. The Chair recognizes Councilwoman Clark for a report on the Council Committee of Public Property and Public Works.
Mr. Chairman, today the Committee on Public Property and Public Works reports out three bills with a favorable recommendation. Those bills are Bill No. 980847, 980883, and 980921.
To the President and Members of the Council of the City of Philadelphia, the Council Committee on Public Property and Public Works, to which was referred: Bill No. 980847, an ordinance renewing the Area One cable television franchise held by Greater Philadelphia Cable Vision, Inc., also known as "Greater Media Cable," under certain 12/10/98 STATED - Committee Reports terms and conditions. And Bill No. 980883, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement with the Philadelphia Municipal Authority for certain premises located on the concourse level of Eight Penn Center Plaza, located at the southeast corner of 17th Street and JFK Boulevard, Philadelphia, Pennsylvania, under and being subject to certain terms and conditions. And Bill No. 980921, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to a parcel of real estate with improvements situate thereon, located at 7790 through 7800 Dungan Road, Philadelphia, Pennsylvania, under certain terms and conditions.
Mr. Chairman, I move that the rules of Council be suspended so as to permit first reading of these bills today. (Duly seconded.)
All those in favor, 12/10/98 STATED - Committee Reports let it be known by saying aye. Those opposed, say nay. The ayes have it. Then Bill No. 980847, 980883, and 980921 will be added to our first-reading calendar today. The Chair recognizes Councilman DiCicco for a report of the Council Committee on Streets and Services.
Thank you, Mr. President. I offer 12 bills. The Committee on Streets and Services offers 12 bills for approval today, and there is one bill that is being withdrawn. This is first time I had to do this so I'm not certain if -
To the President and Members of the Council of the City of Philadelphia, the Council Committee on Streets and Services, to which was referred: Bill No. , owner of the property at 1900-1934 John F. Kennedy Boulevard, Philadelphia, PA, 19102, 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. Bill No. 980709 - 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, Davinci Drive and Justinian Circle, from Davinci Drive westward, all under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the beds of Geary Street, Davinci Drive, and Justinian Circle, under certain terms and conditions. Bill No. 980710 - An ordinance authorizing the paving of Geary Street, Davinci Drive, and Justinian Circle, under certain terms and conditions. Bill No. 980803 - An ordinance authorizing the revision of lines and grades on a 12/10/98 STATED - Committee Reports portion of City Plan No. 27-S, by striking from the City Plan and vacating the legally open portions of Dilworth Street from Wolf Street to Ritner Street by striking from the City Plan Ritner Street from Dilworth Street to Weccacoe Avenue by vacating Martin Street from Weccacoe Avenue to a point approximately 281 feet southwestwardly therefrom, and by vacating Greenville Street from Weccacoe Avenue to Dilworth Street, all under certain terms and conditions. Bill No. , Ten Penn Center, 1801 Market Street, Philadelphia, PA, 19103, to abandon one existing 12-inch pipeline within public rights-of-way and to construct, maintain, and operate new pipelines within and under the rights-of-way of Essington Avenue, Passyunk Avenue, 67th Street, and Norwitch Drive, all under certain terms and conditions. Bill No. 980884 - An ordinance authorizing Carematrix Corporation, lessee of the property at 2000-2014 Race Street, Philadelphia, PA, 19103, to construct and maintain various encroachments onto and over the west footway of 12/10/98 STATED - Committee Reports 20th Street adjacent to the property at 2000-2014 Race Street, all under certain terms and conditions. Bill No. 980885 - An ordinance granting permission to Sailesh Tilvawala, owner and operator of the newsstand located on the northeast corner of 16th and Ranstead Streets, to construct, use, and maintain electrical conduit and telecommunication fiber optic conduit in, under, and across the public right-of-way of 16th Street and Ranstead Street, for the purpose of supplying electrical and phone service to his newsstand, under certain terms and conditions. Bill No. 980888 - An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 15-S, by striking from the City Plan and vacating Alter Street from Broad Street to a point approximately 99 feet west of Broad Street, and reserving and placing on the City Plan a certain right-of-way for drainage purposes and water main purposes within the lines of Alter Street being stricken from the City Plan and vacated by this ordinance, under certain terms and conditions. 12/10/98 STATED - Committee Reports Bill No. 980891 - An ordinance to authorize the Water Commission, on behalf of the City, to enter into agreements with the owners of the properties and their successors of a private street known as "Lafayette Street" from Cresson Street to a dead-end approximately 150 northeasterly of Cresson Street for the grant of a right-of-way to the City for drainage, sewer, and water main purposes. Bill No.
980892 - An ordinance authorizing the construction of a water main and appurtenant work required to replace a private main and to ensure better water supply in portions of a proposed right-of-way for drainage, sewer, and water main purposes on Lafayette Street, a private street. Bill No. 980896 - An ordinance authorizing Twelfth Street Hotel Associates, LP, owner of the property at 1200 Market Street, Philadelphia, PA, 19107, to construct and maintain a glass and aluminum electrified canopy over the south footway of the 1200 block of Market Street, under certain terms and conditions. Bill No. 980897 - An ordinance 12/10/98 STATED - Committee Reports authorizing the revision of lanes and grades on a portion of City Plan No. 307 by relocating a portion of the northerly curbline of Clover Street between 12th Street and Camac Street and relocating a portion of the southerly curb line of Market Street between 12th Street and 13th Street, under certain terms and conditions.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading today of those bills that were just read into the record. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The rules are suspended so that Bills No. 980707, 709, 710, 803, 844, 884, 885, 888, 891, 892, 896, and 897 will be added to our first-reading calendar today. This record shall note that Bill No. 12/10/98 STATED - Committee Reports 980729 has been withdrawn. The Chair recognizes Councilman Mariano for the report of the Council Committee on Labor and Civil Service.
Thank you, Mr. President. The Council Committee on Labor and Civil Service would like to vote out with a favorable recommendation Bill No. 960598.
Bill No. 960598, an ordinance amending the Retirement System Ordinance approved December 3, 1956 and the Retirement System Ordinance approved April 22, 1987, as amended, by redefining "Average Final Compensation" for certain employees in positions which cannot be represented by a union by revising the base compensation upon which retirement benefits shall be computed.
Mr. President, as Chair of the Labor and Civil Service Committee, I 12/10/98 STATED - Bills on First-Reading Calendar would ask that the rules of Council be suspended so as to permit first reading of Bill No. 960598. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. Bill No. 960598 will be added to our first-reading calendar today.
The next order of business consideration of the calendar. The chief clerk will read the bills on the first-reading calendar.
Bill No. 980893, an ordinance amending an ordinance approved July 12, 1968, as last amended March 6, 1995, by Bill No.'s 986 and 1024 relating to the pension benefits for employees working on behalf of Philadelphia Gas Works, by adding certain provisions to the Philadelphia Gas Works Pension Plan.
Bill No. 980832, 12/10/98 STATED - Bills on First-Reading Calendar an ordinance authorizing transfers in appropriations for Fiscal Year 1999 from the General Fund, the Director of FinanceContributions to School District/Tax Cuts, the Department of Revenue-Sinking Fund Commission, the City Representative, and the Director of Commerce-Economic Stimulus, and the Auditing Department.
Bill No. 980833, an ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the General Fund from certain or all City offices, departments, boards, and commissions.
Bill No. 908835, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the Grants Revenue Fund from the Director of Finance-Provision for Other Grants to the Mayor.
Bill No. 980836, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the 12/10/98 STATED - Bills on First-Reading Calendar Grants Revenue Fund from the Director of Finance-Provision for Other Grants to the Department of Human Services-Office of Emergency Shelter and Services.
Bill No. 980837 an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the Grants Revenue Fund from the Director of Finance-Provision for Other Grants to the Police Department, the Department of Recreation, the District Attorney, and the First Judicial District of Pennsylvania.
Bill No. 980839, an ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund from the Director of Finance-Provision for other grants to the Police Department.
Bill No. 980840, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the Grants Revenue Fund from the Department of Human 12/10/98 STATED - Bills on First-Reading Calendar Services to the Department of Recreation.
Bill No. 980841, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the Grants Revenue Fund from the Director of Finance-Provisions for Other Grants to the Streets Department.
Bill No. 980886, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the HealthChoices Behavioral Health Revenue Fund from the Department of Public Health to the Department of Public Health. . .
Bill No. 980887, an ordinance authorizing transfers in appropriations for Fiscal Year 1999 within the HealthChoices Behavioral Health Revenue Fund from the Department of Public Health to the Department of Public Health. . .
Bill No. 980847, 12/10/98 STATED - Bills on First-Reading Calendar an ordinance renewing the Area One cable television franchise held by Greater Philadelphia Cable Vision, Inc., also known as "Greater Media Cable," under certain terms and conditions.
Bill No. 980883, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement with the Philadelphia Municipal Authority for certain premises located on the concourse level of Eight Penn Center Plaza, located at the southeast corner of 17th Street and JFK Boulevard, Philadelphia, Pennsylvania, under and being subject to certain terms and conditions.
Bill No. 980921, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to a parcel of real estate with improvements situate thereon, located at 7790 through 7800 Dungan Road, Philadelphia, Pennsylvania, under certain terms and conditions. 12/10/98 STATED - Bills on First-Reading Calendar
Bill No. 980707, an ordinance authorizing the Penn Center House Inc., owner of the property at 1900-1934 John F. Kennedy Boulevard, Philadelphia, PA, 19102, to construct and maintain a glass and metal electrified canopy with support columns. . .
Bill No. 980709, 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. . .
Bill No. 980710, an ordinance authorizing the paving of Geary Street, Davinci Drive, and Justinian Circle, under certain terms and conditions.
Bill No. 980803, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 27-S, by striking from the City Plan and vacating the legally open portions of Dilworth Street. . .
The Chair agrees. 12/10/98 STATED - Bills on First-Reading Calendar
Bill No. 980844, an ordinance granting permission to Atlantic Pipeline Corp., Ten Penn Center, 1801 Market Street, Philadelphia, PA, 19103, to abandon one existing 12-inch pipeline. . .
Bill No. 980884, an ordinance authorizing Carematrix Corporation, lessee of the property at 2000-2014 Race Street, Philadelphia, PA, 19103, to construct and maintain various encroachments. . .
Bill No. 980885, an ordinance granting permission to Sailesh Tilvawala, owner and operator of the newsstand located on the northeast corner of 16th and Ranstead Streets, to construct, use, and maintain electrical conduit and telecommunication fiber optic conduit. . .
Bill No. 980888, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 15-S, by striking from the City Plan and vacating Alter 12/10/98 STATED - Bills on First-Reading Calendar Street. . .
Bill No. 980891, an ordinance to authorize the Water Commission, on behalf of the City, to enter into agreements with the owners of the properties and their successors of a private street known as "Lafayette Street". . .
Bill No. 980892, an ordinance authorizing the construction of a water main and appurtenant work required to replace a private main and to ensure better water supply in portions of a proposed right-of-way. . . .
Bill No. 980896, an ordinance authorizing Twelfth Street Hotel Associates, LP, owner of the property at 1200 Market Street, Philadelphia, PA, 19107, to construct and maintain a glass and aluminum electrified canopy. . .
Bill No. 980897, 12/10/98 STATED - Bills on First-Reading Calendar an ordinance authorizing the revision of lanes and grades on a portion of City Plan No. 307 by relocating a portion of the northerly curbline of Clover Street between 12th Street and Camac Street. . .
Bill No. 960598, an ordinance amending the Retirement System Ordinance approved December 3, 1956 and the Retirement System Ordinance approved April 22, 1987, as amended, by redefining "Average Final Compensation" for certain employees. . .
The Chair agrees. The bills read by the chief clerk will be placed on our second- and final-reading passage calendar for our next meeting.
Council will now consider bills on the second- and final-reading passage calendar. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. 12/10/98 STATED - Bills on First-Reading Calendar All bills on the second-reading and final-passage calendar are being called for consideration, with the exception of Bill No.'s: 960633, 960629, 970272, 980227, 980464, 980239, 980716, 980549, and 980705. There are two bills that are going to be held until later.
Thank you very much. The first bill for consideration is Bill No. 980412.
Mr. President, I'd like to be excused for a few minutes and reported as voting aye on all bills read.
The first bill for consideration is Bill No. 980412. The clerk will please read the title of the bill.
An ordinance 12/10/98 STATED - Second and Final Reading - 980412 establishing a parking regulation on Catherine Street, both sides, Seventh Street to Eighth Street.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth? 12/10/98 STATED - Second and Final Reading - 980412
Councilwoman Miller is voting aye. Councilman Nutter?
Aye. 12/10/98 STATED - Second and Final Reading - 980412 The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980641. The clerk will please read the title of the bill.
Bill No. 980641, an ordinance amending Section 10-611 of The Philadelphia Code entitled "Sidewalk Behavior," by providing that certain parts of the 3rd Councilmatic District shall be covered by the prohibitions and penalties set forth in said Section 10-611 of the Code.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilman Cohen? 12/10/98 STATED - Second and Final Reading - 980641
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilwoman Miller is voting aye. Councilman Nutter?
Councilman Rizzo? 12/10/98 STATED - Second and Final Reading - 980641
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980685. The clerk will please read the title of the bill.
Bill No. 980685, an ordinance amending Section 10-611 of The Philadelphia Code, entitled "Sidewalk Behavior," by providing that the 7th Councilmatic District shall be covered by the prohibitions and penalties set forth in said Section 10-611 of The Philadelphia Code.
This bill having 12/10/98 STATED - Second and Final Reading - 980685 been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Aye. 12/10/98 STATED - Second and Final Reading - 980685
Councilwoman Miller is voting aye. Councilman Nutter?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill 12/10/98 STATED - Second and Final Reading - 980685 No. 980715. The clerk will please read the title of the bill.
Bill No. 980715, an ordinance amending Title 16 of The Philadelphia Code entitled "Public Property," by prohibiting the erection of signs naming a City building or facility unless Council shall have, by ordinance, officially named such building or facility, under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Aye. 12/10/98 STATED - Second and Final Reading - 980715
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilwoman Miller is voting aye. Councilman Nutter?
Aye. 12/10/98 STATED - Second and Final Reading - 980715
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980719. The clerk will please read the title of the bill.
Bill No. 980719, an ordinance creating the St. James Court Tax Increment Financing District and approving the project plan for the Philadelphia Authority for Industrial 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 the north, St. James Court on the south, and Washington Square West on the east, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, 12/10/98 STATED - Second and Final Reading - 980719 being the act of July 11, 1990, P.L. 465, No. 113, as amended; and authorizing the Director of Finance and other officers of the City to execute documents and do all things necessary to carry out the intent of this ordinance.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman 12/10/98 STATED - Second and Final Reading - 980719 Krajewski is voting aye. Councilman Longstreth?
Councilwoman Miller is voting aye. Councilman Nutter?
Council President 12/10/98 STATED - Second and Final Reading - 980719 Street?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes . The next bill for consideration is Bill No. 980746. The clerk will please read the title of the bill.
Bill No. 980746, an ordinance creating the Brewery Park Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development ("PAID") for the redevelopment of the Brewery Park Tax Increment Financing District being the area generally bounded by 32nd Street on the west, Master Street on the north, 30th Street on the east, and Thompson Street on the south, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act being the act of July 11, 1990, P.L. 465, No. 113, as amended; and authorizing the Director of Finance and other officers of the City to execute documents and do all things necessary to carry out the intent of 12/10/98 STATED - Second and Final Reading - 980746 this ordinance.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman 12/10/98 STATED - Second and Final Reading - 980746 Mariano?
Councilwoman Miller is voting aye. Councilman Nutter?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in 12/10/98 STATED - Second and Final Reading - 980746 the affirmative, the bill passes. The next bill for consideration is Bill No. 980749. The clerk will please read the title of the bill.
Bill No. 980794, an ordinance amending Subcode "PM" of Title 4 of The Philadelphia Code, entitled "The Philadelphia Property Maintenance Code," by extending the Emergency Nuisance Abatement program to cover abandoned vacant lots, under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilman Cohen? 12/10/98 STATED - Second and Final Reading - 980794
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilwoman Miller is voting aye. Councilman Nutter?
Councilman Rizzo? 12/10/98 STATED - Second and Final Reading - 980794
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes . The next bill for consideration is Bill No. 980784. The clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located in the 27th Ward and within an area bounded by Civic Center Boulevard, Convention Avenue, South Street, Schuykill Expressway, North Drive, and University Avenue from partly Class R-15 Residential and partly Class C-3 Commercial 12/10/98 STATED - Second and Final Reading - 980784 and partly Class G-2 General Industrial to a designation of partly Class R-2 General Industrial.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth? 12/10/98 STATED - Second and Final Reading - 980784
Council President 12/10/98 STATED - Second and Final Reading - 980784 Street?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980785. The clerk will please read the title of the bill.
Bill No. 980785. An ordinance declaring that to be the finding of City Council that for many years, the City of Philadelphia and the Civic Center Board of Directors (formally known as "The Board of Trade and Conventions") have not been able, in good faith, to use those certain parcels of land ("Civic Center Land") occupied by the Civic Center that were dedicated by ordinances approved June 27, 1895 and October 10, 1896, (together "The 1895 and 1896 Ordinances") for the purposes set forth in the 1895 and 1896 ordinances; and that in the future, the City of Philadelphia and the Civic Board of Directors will not be able, in good faith, to use the Civic Land for the purposes set forth in the 1895 and 1896 Ordinances. 12/10/98 STATED - Second and Final Reading - 980785
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman Mariano? 12/10/98 STATED - Second and Final Reading - 980785
Aye. The ayes are 16, the nays are 0. The 12/10/98 STATED - Second and Final Reading - 980785 majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980787. The clerk will please read the title of the bill.
Bill No. 980787, an ordinance amending Chapter 19-2500 of The Philadelphia Code entitled "Wage and Net Profits Tax" and Chapter 19-2800 of The Philadelphia Code entitled "Pennsylvania Intergovernmental Cooperation Authority Tax on Wages and Net Profits" by providing for the exclusion from those taxes of net profits earned by a business trust that qualifies as a regulated investment company or that confines its activities to the maintenance and administration and management of intangible investments and activities of regulated investment companies.
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Blackwell? 12/10/98 STATED - Second and Final Reading - 980787
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman Nutter? 12/10/98 STATED - Second and Final Reading - 980787
Aye. The ayes are 16, the nays are 0, the majority of all members of Council having voted in the affirmative, the bill passes. For the next bill (980788), I think there are some amendments to this bill. The Chair recognizes Councilman O'Neill.
Mr. Council 12/10/98 STATED - Second and Final Reading - 980787 President, I have an administration amendment to this bill which has been circulated.
The clerk will please read the amendment. Maybe the clerk shouldn't read the amendment. The Chair would like to see the amendment. (President Street looks at amendment.)
Do all the members of Council have a copy of this amendment?
Is there anyone who does not have a copy of this amendment, the amendment to Bill No. 980788? And then there's one by Councilwoman Verna which is a brief amendment. Do all Councilmembers have both amendments? All right, can we make sure?
All right, can we get copies of this amendment. I want every Councilmember to have the amendment. (Copies of amendments to Bill No. 12/10/98 STATED - Amendments to Bill No. 980788 980788 distributed to Councilmembers.) (Copies of amendments to Bill No. 980788 attached herewith.)
Is there any Councilmember who does not have the short amendment? The Chair recognizes Councilwoman Verna for her amendment.
Does everyone have this amendment? Is there anyone who does not have Councilwoman Verna's amendment?
This amendment enlarges one of the zones to include an area that's not now covered as a result of a request by the administration that's what it does. Are there any questions about Councilwoman Verna's amendment? 12/10/98 STATED - Amendments to Bill No. 980788 (No questions.)
Mr. President, I move the adoption of the amendment. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The amendment is adopted. Is there anyone who now does not have the amendment offered by Councilman O'Neill? This amendment also enlarges one of the zones that's already contained in the bill. Upon further consideration, the Administration is now recommending an enlargement of the zone. It's in Councilman O'Neill's district. He has the amendment. Is there any question about this? The Chair recognizes Councilman O'Neill.
Mr. President, I move the adoption of the amendment. 12/10/98 STATED - Amendments to Bill No. 980788 (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The amendment is adopted. And Bill No. 980888, as amended, will be added to our second- and final-reading passage calendar at our next meeting. The next bill for consideration is Bill No. 908657, in the middle of . The clerk will please read the title of the bill.
Bill No. 980657, an ordinance amending Title 9 entitled "Regulation of Businesses, Trades and Professions of The Philadelphia Code" by prohibiting the sale of laser-pointing devices to minors, and regulating the display of laser-pointing devices for sale.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Aye. 12/10/98 STATED - Second and Final Reading - 980657
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Aye. 12/10/98 STATED - Second and Final Reading - 980657
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980718. The clerk will please read the title of the bill.
Bill No. 980718, an ordinance declaring that it is desirable for 12/10/98 STATED - Second and Final Reading - 980657 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. Joseph Chestnut Hill, at 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 the Sisters of St. Joseph Chestnut Hill, each a Pennsylvania nonprofit corporation, organized under the laws of the Commonwealth of Pennsylvania.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilman Cohen? 12/10/98 STATED - Second and Final Reading - 980718
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman Ortiz? 12/10/98 STATED - Second and Final Reading - 980718
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980748. The clerk will please read the title of the bill.
Bill No. 980748, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located in the 26th Ward and within an area bounded by 20th Street, Pattison Avenue, Penrose Avenue, and the Walt Whitman Bridge 12/10/98 STATED - Second and Final Reading - 980748 approach. . .
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman 12/10/98 STATED - Second and Final Reading - 980748 Mariano?
Aye. 12/10/98 STATED - Second and Final Reading - 980748 The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980761. The clerk will please read the title of the bill.
Bill No. 980761, an ordinance amending Section 14-1807 of The Philadelphia Code entitled "Appeals to the Courts" to provide for the re-posting of the notice of a zoning hearing when the Court of Common Please remands to the Zoning Board of Adjustment for a full and complete record.
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilman Cohen? 12/10/98 STATED - Second and Final Reading - 980761
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman Ortiz? 12/10/98 STATED - Second and Final Reading - 980761
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980779. The clerk will please read the title of the bill.
Bill No. 980779, an ordinance amending Title 14 of The Philadelphia Code relating to zoning and planning by amending Chapter 14-300 entitled "Commercial Districts" by amending Section 14-305 entitled "C-4 Commercial and C-5 Commercial Districts" and by amending 12/10/98 STATED - Second and Final Reading - 980779 Chapter 14-1600. . .
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman 12/10/98 STATED - Second and Final Reading - 980779 Mariano?
Aye. 12/10/98 STATED - Second and Final Reading - 980779 The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980781. The clerk will please read the title of the bill.
Bill No. 980781, an ordinance amending an ordinance approved December 15, 1969, as amended, which approved the redevelopment proposal of the urban renewal plan and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Model Cities Urban Renewal Area. . .
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Aye. 12/10/98 STATED - Second and Final Reading - 980781
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Aye. 12/10/98 STATED - Second and Final Reading - 980781
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980801. The clerk will please read the title of the bill.
Bill No. 980801, an ordinance amending an ordinance approved August 15, 1969, as amended, which approved the amended redevelopment proposal, the amended urban renewal plan, and the amended relocation plan of the 12/10/98 STATED - Second and Final Reading - 980801 Redevelopment Authority of the City of Philadelphia for the redevelopment of Penn's Court Urban Renewal Area. . .
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth? 12/10/98 STATED - Second and Final Reading - 980801
Council President 12/10/98 STATED - Second and Final Reading - 980801 Street?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980679. The clerk will please read the title of the bill.
Bill No. 980679, an ordinance amending Section 19-201 of The Philadelphia Code relating to City Depositories by clarifying and updating the list of institutions in which the City is authorized to deposit funds, and by amending certain conditions.
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Aye. 12/10/98 STATED - Second and Final Reading - 980679
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Aye. 12/10/98 STATED - Second and Final Reading - 980679
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980759. The clerk will please read the title of the bill.
Bill No. 980759, an ordinance authorizing the Philadelphia Authority for Industrial Development ("PAID") to file an application with the Office of the Budget of the Commonwealth of Pennsylvania, under the 12/10/98 STATED - Second and Final Reading - 980759 capital redevelopment assistance program, in an aggregate amount not to exceed $76,400,000 to assist in the development of the Asociacion Musicos Latinos Performing Arts Center, Congreso de Latinos Unidas, Inc. Community Center, the Freedom Theater, the Gateway Visitor Center on the Mall in Independence National Historic Park. . .
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilman Kenney? 12/10/98 STATED - Second and Final Reading - 980759
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Aye. 12/10/98 STATED - Second and Final Reading - 980759
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980782. The clerk will please read the title of the bill.
Bill No. 980782, an ordinance authorizing the Director of Finance and the Commissioner of Public Property to enter into certain agreements with the Parking Authority ("the Parking Authority") and to take such actions with respect to the Parking Authority as are necessary to enable the Parking Authority to proceed with the commonly financed multi-site off-street parking facility acquisition, construction, improvement, repair and refinancing projects. . .
This bill having 12/10/98 STATED - Second and Final Reading - 980782 been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Aye. 12/10/98 STATED - Second and Final Reading - 980782
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in 12/10/98 STATED - Second and Final Reading - 980782 the affirmative, the bill passes. The next bill for consideration is Bill No. 980791. The clerk will please read the title of the bill.
Bill No. 980791, an ordinance constituting the Fourth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented. . .
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Aye. 12/10/98 STATED - Second and Final Reading - 980791
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilwoman 12/10/98 STATED - Second and Final Reading - 980791 Tasco?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980792. The clerk will please read the title of the bill.
Bill No. 980792, an ordinance constituting the Fifth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented. . .
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman 12/10/98 STATED - Second and Final Reading - 980792 Blackwell?
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman 12/10/98 STATED - Second and Final Reading - 980792 Nutter?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980793. The clerk will please read the title of the bill. 12/10/98 STATED - Second and Final Reading - 980743
Bill No. 980793m an ordinance constituting the Sixth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented. . .
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman 12/10/98 STATED - Second and Final Reading - 980743 Krajewski is voting aye. Councilman Longstreth?
Councilwoman Verna? 12/10/98 STATED - Second and Final Reading - 980743
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980531. The clerk will please read the title of the bill.
Bill No. 980531, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with the Red Cap Limited Partnership, a Pennsylvania limited partnership, for use by the City of premises located at 4000 North American Street, Philadelphia, Pennsylvania, under certain terms and conditions.
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman 12/10/98 STATED - Second and Final Reading - 980531 Blackwell?
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman 12/10/98 STATED - Second and Final Reading - 980531 Nutter?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980783. The clerk will please read the title of the bill. 12/10/98 STATED - Second and Final Reading - 980531
Bill No. 980783 an ordinance authorizing the Commissioner of Public Property and the Fairmount Park Commission, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development ("PAID") without consideration, a deed. . .
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilman Kenney? 12/10/98 STATED - Second and Final Reading - 980783
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Aye. 12/10/98 STATED - Second and Final Reading - 980783
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980831. The clerk will please read the title of the bill.
Bill No. 980831, an ordinance confirming the sale of a certain piece of City-owned ground, situate at 4200 Aspen Street, in the City of Philadelphia.
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman 12/10/98 STATED - Second and Final Reading - 980831 Clark?
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman 12/10/98 STATED - Second and Final Reading - 980831 O'Neill?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980552. The clerk will please read the title of the bill.
Bill No. 980552, an ordinance amending Section 9-205 of The Philadelphia Code relating to sidewalk sales by 12/10/98 STATED - Second and Final Reading - 980552 adding a new provision prohibiting sidewalk sales on the 2700 block of North American Street, both sides.
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth? 12/10/98 STATED - Second and Final Reading - 980552
Council President 12/10/98 STATED - Second and Final Reading - 980552 Street?
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980640. The clerk will please read the title of the bill.
Bill No. 980640, an ordinance amending Section 9-205 of The Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalk sales on portions of Baltimore Avenue and 58th Street.
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilman Cohen? 12/10/98 STATED - Second and Final Reading - 980640
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman Ortiz? 12/10/98 STATED - Second and Final Reading - 980640
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980646. The clerk will please read the title of the bill.
Bill No. 980646, an ordinance amending Tile 4 of The Philadelphia Code entitled "The Philadelphia Building Construction Occupancy Code" by amending Subcode A of The Philadelphia Administrative Code. . .
This bill having 12/10/98 STATED - Second and Final Reading - 980646 been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Aye. 12/10/98 STATED - Second and Final Reading - 980646
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in 12/10/98 STATED - Second and Final Reading - 980646 the affirmative, the bill passes. The next bill for consideration is Bill No. 980760. The clerk will please read the title of the bill.
Bill No. 980760, an ordinance amending Title 4 of The Philadelphia Code entitled "The Philadelphia Building Construction Occupancy Code" by amending Chapter 9 of The Philadelphia Administrative Code entitled "Fees" by authorizing the Department of Licenses and Inspections to provide for a specified fee.
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilman 12/10/98 STATED - Second and Final Reading - 980760 DiCicco?
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman Rizzo? 12/10/98 STATED - Second and Final Reading - 980760
Aye. The ayes are 16, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980795. The clerk will please read the title of the bill.
Bill No. 980795, an ordinance amending Bill No. 960591-A, approved March 26, 1997, entitled an ordinance adding a new title to The Philadelphia Code that, upon enactment of other ordinances, will contain all the technical codes governing the construction, occupancy, use, and maintenance of premises, buildings, and structures in the City. . . 12/10/98 STATED - Second and Final Reading - 980795
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilwoman Krajewski is voting aye. Councilman Longstreth?
Councilman Mariano? 12/10/98 STATED - Second and Final Reading - 980795
Aye. The ayes are 16, the nays are 0. The 12/10/98 STATED - Second and Final Reading - 980795 majority of all members of Council having voted in the affirmative, the bill passes. This concludes our consideration of this portion of the calendar.
We will be back this Council session will now stand in recess for 30 minutes -- I'm sorry, the Council will stand in recess for one hour. In 30 minutes, we will convene the Council Committee of the Whole. The stenographer needs a break, Councilmembers requested a break. So in 30 minutes, we will convene Council Committee of the Whole. And in one hour, we will reconvene the Council of the City of Philadelphia.
This is to inform you that the committee will stand in recess for another 30 minutes the Council session will also stand in recess for another 30 minutes. 12/10/98 STATED - Reports from Committees
This is now a reconvened Council of City Council of Philadelphia. At this time, we will have reports from committees. The Chair recognizes Councilwoman Verna for the report of the Council Committee of the Whole.
Mr. Chairman, I move that -- I'm sorry. I move that Council suspend the rules so as to permit first reading of Bill No. 980708.
To the President and Members of the Council of the City of Philadelphia, the Committee of the Whole Council to which was referred Bill No. 908708, an ordinance amending the requirement system ordinance approved December 3, 1956, as amended, and amending the Municipal Retirement Benefit Plan 1987 ordinance, which became effective January 8, 12/10/98 STATED - Reports from Committees 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 by providing for cost-of-living increases and by allowing certain uniformed and non-uniformed employees to purchase service credit on a higher compensation, under certain terms and conditions, and making certain related technical amendments.
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. Bill No. 980708 has been reported out of committee with a favorable recommendation, and the rules of Council are suspended. This bill will be given first reading. The clerk will read the bill on the first-reading calendar.
Bill No. 980708, 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, 12/10/98 STATED - First-Reading Calendar, Bill 980708 1987, as amended, by adding new sections to, in case of both ordinances, provide for increases to the benefits of certain uniformed and non-uniformed retirees by providing for cost-of-living increases and by allowing certain uniformed and non-uniformed employees to purchase service credit based on a higher, under certain terms and conditions, and making certain related technical amendments.
The bill read by the chief clerk will be placed on the second- and final-reading passage calendar for our next meeting. Council will now consider two bills on second- and final-reading passage calendar. The clerk will please read the title of Bill No. 980843. It's at the top of . This is an ordinance adopting a comprehensive new pension plan. This is the recodification bill.
Bill No. 980843, an ordinance adopting a comprehensive new pension 12/10/98 STATED - Second and Final Reading - 980843 plan for City employees by restating and amending the retirement system ordinance approved December 3, 1956, as amended, and Municipal Retirement Benefit Plan 1987 ordinance, which became effective January 8, 1987, as amended, and by combining them in one comprehensive ordinance to be codified in The Philadelphia Code.
This bill having been read on two different occasions, the question now is, shall the bill pass finally? The clerk will call a roll.
Councilman Kenney? 12/10/98 STATED - Second and Final Reading - 980843
Councilwoman 12/10/98 STATED - Second and Final Reading - 980843 Verna?
Aye. The ayes are -- I have only 15. The ayes are 15? Wait a minute, did Councilman Longstreth leave his vote? Well, the ayes are either 15 or 16, and the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. We can check the record to find it, and if we so find, we can record his vote. The next bill for consideration is Bill No. 980789. The clerk will please read the title of the bill.
An ordinance authorizing the City of Philadelphia ("City") to provide for an alternative funding mechanism for a portion of the unfunded actuarial accrued liability of the City of Philadelphia retirement system ("City Retirement System") pursuant to the Municipal Pension Plan Funding Standard and 12/10/98 STATED - Second and Final Reading - 980843 Recovery Act consisting of i., the execution and delivery of a service agreement between the City of Philadelphia and the Philadelphia Authority for Industrial Development ("Authority") providing for the funding of up to $1,250,000,000 of unfunded actuarial accrued liability of the City Retirement System; such funding to be provided to the City by the Authority through the issuance of the Authority's bonds.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call a roll.
Aye. 12/10/98 STATED - Second and Final Reading - 980789
Councilwoman Tasco? 12/10/98 STATED - Consideration of Res. 980859
Aye. The ayes are 15, the nays are 0. The bill passes. The majority of all members of Council having voted in the affirmative, the bill passes. This concludes our consideration of the calendar. The Chair recognizes Councilwoman Verna -- oh, I'm sorry. At this time, we will consider Resolution No. 980859. This is the resolution agreed to participate in the Pavilion Market East Tax Increment Financing District. It's one of those resolutions that we have to pass in anticipation of a Tax Increment Financing District, which we later have to approve. In any event, the Chair recognizes Councilwoman Verna for a motion. 12/10/98 STATED - Point of Clarification, Adjournment
I move the adoption of the resolution. (Duly seconded.)
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 Verna.
Thank you, Mr. President. I move that Council stand adjourned until Thursday, December 17, 1998, at 10 o'clock a.m.
Mr. President, there was a report out of the Committee of the Whole earlier today. It's just a point of information. The three resolutions appointing people to the City Avenue Special Services District, do they automatically go on the calendar next week?
We approved them. 12/10/98 STATED - Point of Clarification, Adjournment
Mr. President, I'd like to note for the record that Mr. Paul Degan from PIDC stayed all day and night for that last resolution on the TIF. Paul, you're to be congratulated. (Applause.)
Thank you, Mr. President. I move that Council stand adjourned until Thursday, December 17, 1998, at 10 o'clock a.m. (Duly seconded.)
All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. This Council stands adjourned until Thursday, December 17, 1998, at 12/10/98 STATED - Point of Clarification, Adjournment 10:00 a.m. (Adjourned at 8:40 p.m.) 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, December 10, 1998, were reported and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter