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Minutes

Stated Meeting, December 2, 1999

Philadelphia City CouncilDec 2, 1999

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COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, December 2, 1999 10:40 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN DARRYL L. CLARKE COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DAVID COHEN COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK DICICCO COUNCILMAN RICHARD T. MARIANO COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN FRANK RIZZO PATRICIA RAFFERTY (For Chief Clerk) VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 OPENING/INVOCATION P R O C E E D I N G S

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Father Dunne

Almighty and eternal God, You have revealed Your glory to all nations. God of power and might, wisdom and justice, through You, authority is rightly administered, laws are enacted, judgment decreed. Assist with Your spirit of counsel and fortitude the President of this City Council, that her administration may be conducted in righteousness and be eminently useful to your people over whom she presides. May she encourage due respect for virtue and religion, may she OPENING/INVOCATION execute law with justice and mercy, may she seek to restrain crime and vice. Let the light of Your divine wisdom direct the deliberations of this City Council and shine forth in all the proceedings and laws framed for our rule and government. May they seek to preserve peace, promote municipal happiness, and continue to bring us the blessings of liberty and equality. We pray for Edward Rendell, the Mayor of our city, for the members of this City Council, for judges, elected civil officials, and all others who are entrusted to guard our political welfare. May they be enabled by Your powerful protection to discharge their duties with honesty and ability. We likewise commend to Your unbounded mercy all the citizens of the City of Philadelphia, that we may be blessed in the knowledge and sanctified in the observance of Your holy law. May we be preserved in union and that peace which the world cannot give, and after enjoying the blessings of this life, be admitted to those which are eternal. 11/18/99 JOURNAL APPROVAL We pray to You, who are lord and God forever and ever. Amen. ALL: Amen.

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Councilwoman Clark

Now you're seeing firsthand the teacher at work as she's lining them up. Madam President, I am particularly pleased to read this resolution honoring Faith Kline, Pennsylvania Teacher of the Year. VISITOR RECOGNITION, PRESENTATIONS Whereas, Miss Faith Kline has been named Pennsylvania Teacher of the Year, and we note that she is the pride and joy of the A.B. Day Elementary School, where she is held in highest esteem by her colleagues and deep affection by students and parents alike; and Whereas, Miss Kline, who has wanted a career in teaching since she was a youngster, began her professional life as a secretary. After her first job, she missed being around children and became a secretary at Abington High School, and while her children were attending Philadelphia public schools, she went back to college herself; and Whereas, like so many adults who make major career changes, Miss Kline went about her work with unusual passion and commitment. Once she completed her master's degree, she taught for a time at the Gamp School before moving onto A.B. Day, where she is everybody's hero -- from parents in the neighborhood to children who hang on her every word to her colleagues who see her as a fire so bright, it warms the entire school; and Whereas, Miss Kline is innovative, VISITOR RECOGNITION, PRESENTATIONS tough, loving and compassionate, but never, ever respectful, and the students, sensing her true Faith in them, grow and blossom under her wise and watchful gaze; and Whereas, Faith Kline is more than a model teacher; she is an example of the best in education and the best of our common humanity, and we would all do well, regardless of profession, to emulate her commitment, drive, and joy in her work; Now, therefore, resolved by the Council of the City of Philadelphia that we hereby honor and commend Miss Faith Kline, Pennsylvania Teacher of the Year. She has brought -(Applause.)

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Councilwoman Clark

We're close, but don't step on my last line; it's one of my best. She has brought distinction to the School District of Philadelphia and great pride to the A.B. Day School, and we are grateful for her enormous contribution to the children of this city. Resolved that an engrossed copy of this resolution be presented to Miss Faith Kline as VISITOR RECOGNITION, PRESENTATIONS evidence of the deep respect and sincere admiration of this body. This is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 14th day of October, 1999. (Applause.)

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Ms. Kline

Wow. I'm speechless. This is such an honor to be here, and it was really a pleasure to be able to bring my children as well because, in the 4th grade, we're only 9, and sometimes city government is mysterious and it's ambiguous and it's not tangible for us -- and today, it is. And this is just -- I can't say thank you enough. And I really am doing the same thing that I've always done; it's just that somebody noticed, and it was my day. And I feel really especially committed to the idea that even though teachers are so different, you know, I mean, we come in different sizes and shapes and hues and religious and philosophical ways that are so VISITOR RECOGNITION, PRESENTATIONS different. Yet, there is one common denominator, and that's children.

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Ms. Kline

And, really, when we find that common ground, that's the partnership that we can build. We build on that common ground, and that's where partnerships start. So, although it seems like it's very difficult for me to try to represent public education and all of the teachers in the Commonwealth, I think if we just focus on the kids, then that's really going to be the best thing for everybody. So, again, I want to say thank you. And here's to you, kids.

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Ms. Rafferty

To the President and Members of the Council of the City of Philadelphia I am pleased to advise you that I have today signed all of the following bills which were passed by Council at its session on November the 10th, except Bill No. 960085. And I am transmitting for consideration by your honorable body a draft of a resolution authorizing the Redevelopment Authority of the City of Philadelphia to grant to the Filbert Street Associates L.P. an easement right-of-way over, across, and through a portion of certain Redevelopment Authority-owned property in the Convention Center renewal area. And I am transmitting for the consideration of your honorable body a draft of a resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Franklin Urban Renewal COMMUNICATIONS Area. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority City of the City of Philadelphia for the redevelopment and the urban renewal of a portion of Cecil B. Moore Avenue, identified by respective house number as 1623 North 18th Street. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area, identified by house number as 707 to 711 North Tenth Street, 917 to 929 Fairmount Avenue, and 912-924 Olive Street. And a resolution approving the redevelopment contract and the disposition supplement of the Redevelopment Authority of the City of Philadelphia for the urban renewal of a portion of Meadows Two Urban Renewal Area, identified by house numbers 4626 Pitman Street. And a resolution approving the City of Philadelphia's amended 911 Plan and authorizing COMMUNICATIONS the Commissioner of Public Property, on behalf of the City of Philadelphia, to submit the amended 911 Plan to the Pennsylvania Emergency Management Agency for review and approval, as required by the Pennsylvania Public Safety Emergency Telephone Act. And an ordinance authorizing the Water Commission and Revenue Commissioner, on behalf of the City of Philadelphia, to provide automatic meter reader services to large commercial and industrial accounts, in addition to the residential and smaller commercial accounts served by the Authority. And an ordinance amending Title 4 of the Philadelphia Code, Subcode F, by revising Chapter 31 entitled "Fire Works," to clarify that it is illegal to possess fireworks, exact as specifically provided for in conjunction with the permit.

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Councilwoman Blackwell

Thank you, Madam President. I think I rise to really speak to this resolution and I certainly thank my colleagues for support. In the new millennium, we will be introducing legislation and asking the Chairman, Donna Miller, of the Education Committee to hold hearings on this program. There is a new program afoot, and there have been newspaper articles that have talked about starting, with 800 students in public schools and going up to 1500 students in public schools, to create alternative schools. And in these alternative schools, they will take students who are disruptive, who misbehave in class, those who are two years behind, those who are considered INTRODUCTION - BILLS, RESOLUTIONS academically unable to compete in class, among other things. The amount of money it will take hasn't been determined. And I think it's very, very serious. The implications are enormous. What are we creating when we create another system, another school system for children who, for one reason or another, don't measure up. How is that determined, who goes in. Will it be for kids who just try and can't cut the mustard. Will it be those who -- what about the kids on Ritalin and other behavior-altering drugs. Will it be those who are just misbehaving in class, who are chronic, kids who are determined don't behave. There are many, many implications about who's included in this class of students and just what we're talking about because this program does not only deal with students who are considered -those who are dangerous, those who carry weapons to school. This new CEP program from Texas deals with kids who are academically behind, and I think that that bears looking at. I'm very, very concerned about creating a whole other sub class in public school of INTRODUCTION - BILLS, RESOLUTIONS education for the school children of Philadelphia, so I hope that -- I've tried to include in this resolution some of the information that's available to us. I have more information. I believe the Education Committee was sent information on this program. I'm certainly available to discuss it further. And, again, I look forward to calling for open public hearings in January. Thank you.

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Councilman Cohen

Madam President, I sit -- continue to sit but am in support of the resolution that Councilwoman Blackwell just spoke about. I think before we get involved in a major change, such as this indicates, that public hearings are necessary. We have to have the opportunity to fully understand what's going on. It may be a great idea, but it may not be, or it may need certain safeguards. And I think it's very important that these hearings take place so that Council is fully informed and the people of Philadelphia are fully informed. INTRODUCTION - BILLS, RESOLUTIONS Thank you, Madam President.

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Ms. Rafferty

To the President and COMMITTEE REPORTS Members of the City Council of the City of Philadelphia, the Committee on Rules, to which was referred: Bill No. 990642, an ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new Section 14-1600 entitled "East Falls Special Controls District"; And Bill No. 990643, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designation of certain areas of land located within an area bounded by Weightman Street, Ridge Avenue, a line approximately 77 feet northwest of Calumet Street, Cresson Street, Indian Queen Lane, Krail Street, Roosevelt Boulevard, Ridge Avenue, a certain right-of-way, and the Schuykill River; And Bill No. 990716, an ordinance amending an ordinance approved December 14, 1971, as amended, which approved the redevelopment proposal, the urban renewal, and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the South COMMITTEE REPORTS Central Urban Renewal Area; And Bill No. 990723, an ordinance amending an ordinance approved August 30, 1965, as amended, which approved the redevelopment proposal, the urban renewal plan, and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Center City redevelopment area, Franklin Urban Renewal Area; respectfully reports it has considered and returns the attached bills to Council, with a favorable recommendation.

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Council President Verna

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading of Bill No.'s 990642, 990643, 990716, and 990723 on today's calendar. COMMITTEE REPORTS All in favor will signify by saying aye. Those opposed? The ayes have it, and the motion is carried. These bills will be placed on our first-reading calendar for today. The Chair again recognizes Councilman Kenney for a report from the Licenses and Inspections Committee.

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Ms. Rafferty

To the President and Members of the Council of the City of Philadelphia, the Committee on Licenses and Inspections, to which was referred: Bill No. 990422, an ordinance amending Section 9-206 of the Philadelphia Code, entitled "Sidewalk Vendors in Neighborhood Districts," by designating the south side of the 1400 block of Morris Street and 1421 West Passyunk Avenue as a COMMITTEE REPORTS new neighborhood business district within the sidewalk sales and subject to the provisions of Section 9-206 and by specifying the number and location of permitted vendor sites within the district. And Bill No. 990533, an ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales, by adding a new provision prohibiting sidewalk sales on Fifth Street, from Godfrey to Olney Avenue, both sides. And Bill No. 990565, an ordinance amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Construction and occupancy Code," by amending Subcode PM, by amending Section PM 307.0, entitled "Unsafe and Unfit Structures and Equipment," and Section PM 308.0, entitled "Imminently Dangerous Structures," by providing for the installation of a fence and other related measures after demolition of a dwelling, under certain terms and conditions; respectfully reports it has considered and returns the attached bills to Council, with a favorable recommendation. COMMITTEE REPORTS

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Council President Verna

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading of Bill No.'s 990422, 990533, and 990565 on today's calendar. All those in favor will signify by saying aye. Those opposed? The ayes have it, and these bills will be placed on our first-reading calendar for today. And the record will also note that Bill No. 990223 has been withdrawn. Are there any other reports from committees? FIRST-READING CALENDAR (No response.)

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Ms. Rafferty

Bill No. 990723, an ordinance amending an ordinance approved August 30, 1965, as amended, which approved the redevelopment proposal, the urban renewal plan, and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Center City Redevelopment Area, Franklin Urban Renewal Area, by approving the fourth amendment of the redevelopment proposal and the fifth amendment to the urban renewal plan.

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Ms. Rafferty

Bill No. 990422, an ordinance amending Section 9-206 of the Philadelphia Code, entitled "Sidewalk Vendors in Neighborhood Districts," by designating the south side of the 1400 block of Morris Street and 1421 West Passyunk Avenue as a new neighborhood business district within sidewalk sales are subject to the provisions of Section 9-206 and by specifying the number and location of permitted FIRST-READING CALENDAR vendor cites within that district.

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Ms. Rafferty

Bill No. 990565, an ordinance amending Title 4 of the Philadelphia Code entitled "The Philadelphia Building Construction and Occupancy Code" of the Philadelphia Property Maintenance Code, by amending Section PM-307.0, entitled "Unsafe and Unfit Structures and Equipment," and Section PM-308.8, entitled "Imminently Dangerous Structures," by providing for the installation of FIRST-READING CALENDAR a fence and other related measures after demolition of a dwelling, under certain terms and conditions.

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Ms. Rafferty

An ordinance amending Chapter 19-1400 of the Philadelphia Code, entitled "Realty Transfer Tax," by decreasing the rate of the tax, beginning July 1, 1998, by amending the definition of "real-estate company," by amending the definition of acquired "real-estate company," the transfer of which is subject to the tax, and by limiting to individuals the exception for reclaiming purchase money and deeds in lieu of foreclosure, all under certain terms and conditions. SECOND READING - BILL 980303

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Councilman Nutter

No, I just wanted SECOND READING - BILL 980303 to make sure that the clarification was clear as to what the nature of the motion was. I'll be voting against that particular motion, as the sponsor of that bill. We had extensive discussion about this in the caucus this morning, and I'd certainly appreciate continued support of the measure. I think that a delay is inappropriate at this particular moment. The Councilman and I have had a lot of discussion about the nature of that and the timing issues involved, and I appreciate and respect his particular views on this.

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Ms. Rafferty

Bill No. 980303, an ordinance amending Chapter 19-1400 of The Philadelphia Code, entitled "Realty Transfer Tax," by decreasing the rate of the tax, beginning July 1, 1998, by amending the definition of "real-estate company," by amending the definition of "acquired real estate company," the transfer of which is subject to the tax and by limiting to individuals the exception for reclaiming purchase SECOND READING - BILL 980303 money, deeds in lieu of foreclosure, all under certain terms and conditions.

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Ms. Rafferty

A resolution requesting the Mayor to return to Council Resolution 960085, an ordinance amending Title 9 of the Philadelphia Code, relating to regulation of businesses, trades RECALL OF BILL 960085 and professions, by amending Chapter 9-200, entitled "Commercial Activities on Streets," and by amending various sections of the chapter to prohibit the sale and distribution of goods bearing counterfeit trademarks and providing for seizure and forfeiture of such goods, under terms and conditions for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

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Ms. Rafferty

To the President and Members of the Council of the City of Philadelphia, I'm returning herewith, as requested RECALL OF BILL 960085 by your resolution adopted December 2, 1999, Bill No. 960085, an ordinance amending Title 9 of the Philadelphia Code relating to the regulation of businesses, trades and profession by amending Chapter 9-200, entitled "Commercial Activities on Streets," and by amending various sections of the chapter to prohibit the sale and distribution of goods bearing counterfeit trademarks and providing for seizure and forfeiture of such goods, under certain terms and conditions, for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

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Councilman Kenney

Thank you, Madam President. I take this opportunity to offer amendments to Bill No. 960085, which include -and all those amendments have been circulated to Members of Council. They are inclusive of technical amendments requested or suggested by the Law Department as it relates to a specific mention of the Pennsylvania State Trademark Act, which will give our authorities and the Law Department's opinions a little more teeth and jurisdiction in regard to the potential confiscation of unlicensed or untrademarked goods.

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Council President Verna

All in favor? Those opposed? The ayes have it, and Council stands adjourned until Thursday, December 9, 1999, at 10 a.m. Thank you. (Adjourned at 11:33 a.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 2, 1999, were reported fully and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter

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