COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, 2/14/02 10:15 a.m. Room 400, City Hall Philadelphia, PA PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, Deputy Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 2/14/02 STATED - GREETING/INVOCATION
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. The Council will come to order, members will take their seats, and visitors will please take the seats outside the rails
To give our invocation this morning, the Chair welcomes Bishop E. Marvin Erkhart, Pastor of the Holy Temple Church. He is here today as the guest of Councilman Clarke. All guests and members will please rise.
Good morning, Madam President and members of Council. On behalf of our senior pastor, Bishop Abraham Erkhart and the entire Holy Temple Church family, it is our pleasure to be with you this morning. I will ask that you please unite your hearts and minds with me for a moment in prayer. God of our weary years and God of our silent tears, Thou who has brought us thus far along the way, Thou, who has, by Thy might, led us into the light, keep us forever in the path, we 2/14/02 STATED - GREETING/INVOCATION pray. Today, dear Lord, before we ask of you anything, we first pause to thank You for everything. In this day of tall buildings and short tempers, a day of multiplied possessions and reduced values, we give thanks for all that You have done allowed to be done. We realize that there are still some that talk too much, love too seldom, and hate too often. There are yet some that are guilty of making a living and not a life. There are those who are still hung up on getting larger things and not making things better. But because this, too, is a day that You have made, we give You thanks. We ask for Your continued guidance as we move from conquering outer space to conquering inner space. As we have been blessed to go to the moon and back, help us to learn to cross the street to meet and greet a new neighbor. Help us not to just focus on adding years to life but also adding life to years. Help us to affect the polluted souls while we clean the air. Help us, please, to concentrate not on fancy homes, but on repairing broken homes. Dear Lord, help us especially today 2/14/02 STATED - GREETING/INVOCATION to realize that a warm hug is the only true genuine treasure we can give free to one another. In short, Lord, during the course of mandated deliberations this day, help us to rearrange our priorities to the extent that at the end of the day, more good than harm has been done for Your glory and honor. Bless all assembled here that shall have a part in making this a productive day. This we ask in Christ's name, and everyone that agrees with that prayer, say amen. RESPONSE: Amen.
It was a beautiful invocation, thank you so very much. Council will be at ease. (Council stands at ease.) Proceedings resume.) 2/14/02 STATED - APPROVAL OF 2/5/02 JOURNAL
The next order of business is the approval of the Journal of the meeting of Tuesday, February 5, 2002. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Tuesday, February 5, 2002 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Tuesday, February 5, 2002 stand approved. All in favor will signify by saying aye. Those opposed? The ayes have it, the motion carries, and the Journal of the meeting of Tuesday, February 5, 2002 stands approved. 2/14/02 STATED - LEAVES OF ABSENCE REQUESTS
The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leaves of absence
The Chair thanks the gentlemen. 2/14/02 STATED - VISITOR RECOGNITION
The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. 2/14/02 STATED - COMMUNICATIONS
We have no presentations today; therefore, the next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the clerk. The clerk will please read messages from the Mayor.
Thank you. The clerk will please read any other communications in her possession.
Thank you. 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit immediate consideration of resolutions at their time of introduction.
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All if favor of the motion will indicate by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Kenney
Thank you, Madam President. I offer one non-privileged resolution, which I would like to be referred to the 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS appropriate committee.
The clerk will please read the title of the resolution.
A resolution authorizing City Council's Legislative Oversight Committee to hold public hearings on the rates, pricing structures, and marketing of Philadelphia's private and public parking lots and their effects on our hospitality, shopping, and tourism industries.
This resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Madam President, this morning, I have three bills and two resolutions.
The clerk will please read the title of the first bill.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 107 of an area bounded by Fairmount Avenue 44th Street, Haverford Avenue, and 46th Street.
The bill will be referred to the appropriate committee. 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 23-S by striking from the City Plan and vacating Bambrey Street from Morris Street to Moore Street. And an ordinance -
I'm sorry, the bill will be referred to the appropriate committee.
And an ordinance approving the Fiscal Year 2002 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works, including the supplying of funds to be obtained in connection therewith, and rejecting the forecast for Fiscal Years 2002 through 2007.
This bill will be referred to the appropriate committee. The clerk will please read the title of the first resolution.
A resolution honoring the late Dox Thrash, a U.S. veteran, renowned artist, and longtime resident of the City of Philadelphia, in recognition of his many contributions to the advancement of African-Americans in the dawn of the 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Civil Rights Era.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been properly moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The clerk will please read the title of the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia without consideration deeds located in the 46th Ward of the City of Philadelphia. 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been properly moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Cohen.
Thank you. The Chair recognizes Councilwoman Krajewski.
Thank you. 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS The Chair recognizes Councilwoman Tasco.
The clerk will please read the title of the resolution.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilwoman Miller.
The clerk will please read the title of the resolution.
A resolution urging 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Philadelphia county store owners to support truancy prevention efforts by refusing to serve school-aged children weekdays between the hours of 8:45 a.m. and 2:30 p.m.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed, nay? The ayes have it and the motion carries. The Chair recognizes Councilman Nutter
Thank you, Madam President. I offer one bill and one resolution.
The clerk will please read the title of the bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 2-102 of the Philadelphia Home Rule Charter relating to the 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS redistricting of the City to revise the boundaries of the Councilmatic Districts after each decennial census, as approved by resolution of the City Council, fixing the date of a special election for such purposes proscribing the form of ballot question to be voted on, and authorizing appropriate officers to public notice and to make arrangements for the special election.
This bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution proposing an amendment to Section 2-102 of the Philadelphia Home Rule Charter relating to the redistricting of the City to revise the boundaries of the Councilmatic Districts after each decennial census, and providing for the submission of the amendment to the electors of Philadelphia.
This resolution will be referred to the appropriate committee The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Ortiz.
The clerk will please read the title of the resolution.
A resolution recognizing Mr. Juan (Johnny) Santiago for his dedication and contribution to the successful development of La Lig Del Barrio Basketball League.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries.
The Chair 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer one bill and one resolution.
The clerk will please read the title of the bill.
An ordinance amending Section 19-1303 of the Philadelphia Code, entitled "Authorization to Offer Exemptions from Real Estate Taxes on Improvements," to convert deteriorated industrial, commercial, or other business properties to commercial residential use.
The bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in 1st, 25th, and 45th Wards of the City. 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
The clerk will please read the title of the bill.
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Planning," by amending Chapter 14-200, entitled "Residential Districts," by amending Chapter 14-204, entitled "R3 Residential Districts."
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth. Councilman, do you have any bills or resolutions to introduce today?
Thank you The Chair recognizes Councilman Rizzo.
It is my understanding that at 10:20 this morning, the Mayor transmitted a letter concerning Bill No.'s 010617 and 010666. It is my understanding that the letter has been distributed to all Councilmembers. Do all of the Councilmembers have the copy? (Copy of Mayor's letter attached hereto.)
There are no reports from committees. Our next order of business is the 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS consideration of the calendar; however, before doing that, I would like everybody to have the opportunity to read the Mayor's transmittal letter. It's rather lengthy.
I think that the sponsor could probably respond to that much more quickly.
If I may ask for the Chair, how long have these bills been on the calendar?
Councilman, the bills were introduced -- I believe 617 was introduced in October and 666 was introduced in November, and we had hearings in late January.
And these bills have been on the calendar for how long?
Well, they got first reading last week, Tuesday, the 5th.
Thank you. 2/14/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
Councilman Nutter, may I see you one moment, please. 2/14/02 STATED - FIRST-READING CALENDAR
The next order of business is the consideration of the calendar. The clerk will please read the bills on the first-reading calendar.
Bill No. 010340, an ordinance amending Section 10-602 of the Philadelphia Code with respect to smoking on any vehicle of public transportation and in any public transit station or fare-paid area, and increasing the amount to be paid in response to a violation notice to waiver a court appearance; amending Section 10-605 of the code to increase the penalty for consuming food or beverages on a vehicle of public transportation, all under certain terms and conditions.
The bill read by the clerk will be placed on the first-reading and final-passage calendar for the next session. That concludes the first-reading calendar. 2/14/02 STATED - SECOND-READING CALENDAR
The Chair recognizes Councilwoman Blackwell for the bills to be called on the second-reading and final-passage calendar.
Thank you, Madam President. Today, Bill No.'s 010509, 010529, 010595, 010125, 010126, 010560, 010617, 010632, 010666, 010718, and 010745 are being called up for second reading and final passage.
All other are bills being held. Yes, the Chair recognizes Councilman DiCicco.
Thank you, Madam President. I had a brief discussion with my colleagues Councilman Brian O'Neill and Councilman Clarke, and I'm going to be holding Bill No. 010509 for one week; I may have some amendments that will be offered on that bill next week.
Thank you, Madam President. 2/14/02 STATED - SECOND READING - BILL 010529
The clerk will please read the title of Bill No. 010529
An ordinance amending Chapter 25-01 of the Philadelphia Code relating to boundaries of Councilmatic Districts by revising the boundaries of Councilmatic Districts under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Councilwoman Krajewski? 2/14/02 STATED - SECOND READING - BILL 010529
No. The nays are 7, the ayes are 10. Councilman Ortiz, did you want to speak? Your light is on. 2/14/02 STATED - SECOND READING - BILL 010529
This is after the fact, Madam Chair. This is a bad bill, it does not do what it was supposed to do, and I was going to ask my colleagues to vote nay, but they voted aye in the majority. Thank you. 2/14/02 STATED - SECOND READING - BILL 010595
The clerk will please read the title of Bill No. 010595.
An ordinance amending Title 22 of the Philadelphia Code, entitled "City of Philadelphia Public Employees Retirement Code," by providing that employees may purchase credited service for approved leaves of absence taken to participate in the United Nations Peace Keeping or Police Missions, all under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Aye. 2/14/02 STATED - SECOND READING - BILL 010595 The ayes are 17, the nays are 0. A majority of all members of Council having voted in the majority, the bill passes.
The next bill to be called the for consideration is Bill No. 010125
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new Section 14-1621, entitled "Passyunk Avenue Special District Controls," under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all members having voted in the affirmative, the bill passes.
The next bill to be called for consideration is Bill No. 010126.
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-1610, entitled "Old City Residential Area Special District Controls," all under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Councilman DiCicco? 2/14/02 STATED - SECOND READING - BILL 010126
Councilwoman Tasco? 2/14/02 STATED - SECOND READING - BILL 010560
Aye. The ayes are 17, the nays are 0. A majority of all members of Council having voted in the affirmative, the bill passes.
The next bill to be called for consideration is Bill No. 010560.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Poplar Street and 12th Street.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Aye. The ayes the are 17, the nays are 0. A majority of all members of Council having voted in the affirmative, the bill passes. 2/14/02 STATED - SECOND READING - BILL 010617
The next bill to be called for consideration is Bill No. 010617
An ordinance providing that no agreement, memorandum of understanding, or other commitment for the operation, financing, or management of the School District of Philadelphia, which will substitute for or supersede the functions of the Board of Education or its successors or assigns, which will require the appropriation of City funds, the imposition of taxes by the City of Philadelphia, or the authorization by City Council, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The clerk will please call the roll.
Councilman DiCicco? 2/14/02 STATED - SECOND READING - BILL 010617
Councilwoman Tasco? 2/14/02 STATED - SECOND READING - BILL 010632
Aye. The ayes are 16, the nays are 1. A majority of all members having voted in the affirmative, this bill passes.
The next bill to be called for consideration is Bill No. 010632.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area generally bounded by Redwing Place and Lindbergh Boulevard.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Aye. The ayes are 17, the any way are 0. A majority of all members of Council having voted in the affirmative, the bill passes. 2/14/02 STATED - SECOND READING - BILL 010666
The next bill to be called for consideration is Bill No. 010666.
An ordinance providing that no agreement, memorandum of understanding, or other commitment for the private administration, management, or operation of any school within the School District of Philadelphia which will require the appropriation of City funds, the imposition of taxes by the City of Philadelphia, or the authorization by City Council of the levying of taxes on behalf of the School District of Philadelphia, all under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Councilman DiCicco? 2/14/02 STATED - SECOND READING - BILL 010666
Councilwoman Tasco? 2/14/02 STATED - SECOND READING - BILL 010666
Aye. The ayes are 16, the nays are 1. A majority of all members of Council having voted in the affirmative, the bill passes. (Applause.) 2/14/02 STATED - SECOND READING - BILL 010718
The next bill to be called for consideration is Bill No. 010718
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area generally bounded by Chelten Avenue and Germantown Avenue.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will call the roll.
Councilwoman Krajewski? 2/14/02 STATED - SECOND READING - BILL 010718
Aye. The ayes are 17, the nays are 0. A majority of all members having voted in the affirmative, the bill passes. 2/14/02 STATED - SECOND READING - BILL 010745
The last bill to be called for consideration is Bill No. 010745
An ordinance to amend the Philadelphia Zoning Maps by changing the designation of certain areas of land located within an area bounded by Christian Street and the I-95 Expressway.
This bill having been voted on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all members of Council having voted in 2/14/02 STATED - SECOND READING - BILL 010745 the affirmative, the bill passes. That concludes our calendar for today.
Are there speeches on the part of the Minority? (No speeches on the part of the Minority.)
Are there speeches on the part of the Majority? The Chair recognizes Councilman Kenney
Thank you. I know you said some of these words in caucus this morning, but I wanted to reiterate it for the record and on the floor of Council. I would like to thank and congratulate my colleague Councilman DiCicco on all the planning that he went through with the Police Department with the members of the civic associations in the South Street area. The police worked very, very hard, Judge McCafferty sat at 11th and Wharton in a special court till 4:30 in the morning. But I want to congratulate my colleague who really stuck to it, did his best by the community and by the neighbors there, and even though it was a little sloppy at times and we wish the whole thing would go away, I think it's been something that he deserves a lot of credit for in 2/14/02 STATED - ADJOURNMENT making the right decisions. (Applause.)
Thank you. Are there any other speeches on the part of the Majority? (No further speeches on the part of the Majority.)
Seeing none the Chair recognizes Councilwoman Tasco
Thank you, Madam President. I move that Council stand adjourned until Thursday February the 21st at, 10 a.m.
It has been moved and properly seconded that Council stand adjourned until Thursday, February 21st, at 10 a.m. All in favor will say aye. Those opposed, nay? The ayes have it, and Council will be adjourned until Thursday, February 21, 2002, at 2/14/02 STATED - ADJOURNMENT 10 a.m. Thank you. (Proceedings end at 10:53 a.m.) CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, February 14, 2002, are contained fully and accurately in the stenographic notes taken by me upon, and that this is a true and correct transcript of same. RE: STATED MEETING _______________________________, Josephine Cardillo Registered Professional Reporter and Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)