COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, April 16, 1998 11:50 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT JOHN F. STREET COUNCILWOMAN ANNA CIBOTTI VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN MARIAN B. TASCO COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN DAVID COHEN COUNCILWOMAN HAPPY FERNANDEZ COUNCILMAN JAMES F. KENNEY COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILMAN FRANK DiCICCO COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER MARIE B. HAUSER, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center Plaza, Suite 600 Philadelphia, PA 19103 INVOCATION
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 the seats outside the rail. To give our invocation this morning, the Chair welcomes Reverend Deborah McKinley, who is the Pastor of Old Pine Street Presbyterian Church. She is here today as the guest of Councilman DiCicco. Members and guests will please rise. REV. DEBORAH McKINLEY: Thank you, Mr. President. Let us pray. Almighty God, you have given us this good land as our heritage, and we thank you this day for the bounty of goodness which you shower upon us through this land and through its people and through their enterprise. Bless our city, oh, God, with honest industry, with sound teaching and learning in our schools and in our colleges and in our universities. Save us and all in our city from violence and discord and confusion. Deliver us from INVOCATION pride and arrogance, and from evil way. We pray for the students and citizens at Muldova, for the business owners and citizens and government of Massedonia. Oh, God, we come from many nations to this one nation. Make us a united people. We pray for an end to racial division and hatred. Defend our liberties, oh, God, and the liberty of all people. And give those whom we have entrusted with the authority of government the spirit of wisdom, that justice might prevail over injustice. Help them to know that they are called to serve the people as lovers of truth and of justice, work with those who work for peace, and to bring peace to our neighborhoods. When times are prosperous, oh, God, may our hearts be thankful. And in troubled times do not let our trust in you fail. Oh, Lord, your glory shines throughout the world, and it shines even here in Philadelphia. So we commend our city and all who live and work here to your merciful care. Through APPROVAL OF JOURNAL faith in your word, Amen.
The Chair thanks Reverend McKinley for her inspiring invocation. (Councilmembers greet Reverend McKinley.)
Mr. President, I wish to be excused from the rest of Council session. I have business outside. All bills or resolutions, I would like to be recorded as voting aye.
The Chair thanks the Councilman. Leave will be granted. The next order of business is the approval of the Journal of the meeting of Wednesday, April 8, 1998. The Chair recognizes Councilwoman Clark.
Mr. President, I move the adoption of the Journal of that date. (Duly seconded.)
All in favor let it be known by saying aye. LEAVES OF ABSENCE Those opposed say nay. The ayes have it, the Journal is 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 Councilwoman Verna. The Chair recognizes Councilman Rizzo.
One request for leave of absence from Councilman Longstreth, Mr. President.
The Chair thanks Councilman Rizzo. Leave will be granted. At this time we will dispense with our regular order of business to recognize visitors. To all of our visitors and guests WELCOME VISITORS with us this morning, we welcome you here and applaud your interest in the civic affairs of our city, and certainly invite you to come again. Today we have two presentations. Our first presentation recognizes April as Community College Month. To make this presentation, the Chair appoints Councilwoman Clark. The Chair invites Ms. Marcine Mattleman to come and receive this resolution. I see Ms. Rush and others. Are there others who are here for this resolution? If you are, please come and join us.
Mr. President, I am so very pleased today to read this resolution, which recognizes April 1998 as National Community College Month in the City of Philadelphia. Whereas, the Council of the City of Philadelphia is pleased to support National Community College Month and to commend the Community College of Philadelphia for its outstanding contributions to higher education in this city. And whereas, Community College provides two-year Liberal Arts college curriculum, PRESENTATIONS leading to Associate Degrees or to transfer to four-year institutions. In addition, by offering certificate programs in a wide variety of skills and occupations, Community College assists in developing a work force well suited to an increasingly competitive workplace. And whereas, this year more than 10 million students are enrolled in the nation's 1,000 community colleges, and in this state more than 120,000 residents are enrolled in the state's 15 community colleges. We are persuaded that students get, quote, more for their money at an institution which plays a pivotal role in our city. And whereas, Community College of Philadelphia is a great asset to the citizens, and we know its teachers and courses enhance and enrich the lives of thousands of individuals, who without CCP would have little or no access to higher education. So now, therefore, resolved by the Council of the City of Philadelphia that we hereby honor the Community College of Philadelphia and PRESENTATIONS recognize April 1998 as National Community College Month in this city. Resolved that an engrossed copy of this Resolution be presented to Frederick W. Capshaw, Ph.D., President of Community College of Philadelphia, as evidence of the sincere sentiment of this legislative body. Mr. President, in Dr. Capshaw's absence, because of his illness, we express the hopes and prayers of this legislative body that he will be well and that he will be comfortable. We would ask the members of his staff to sincerely say how we are praying for his recovery. This is a true and correct copy, except for those extemporaneous comments, of the original Resolution adopted by the Council of the City of Philadelphia on the 8th Day of April, 1998. Introduced by Augusta Alexander Clark, and cosponsored by every member of Council. (Applause.)
The Chair recognizes Ms. Marcine Mattleman for remarks.
Thank you PRESENTATIONS very much. On behalf of the Board of Trustees, Dr. Capshaw, who we are very sorry can't be with us today, and colleagues of staff and faculty, I would like to thank City Council for this recognition. When Community College was started about the turn of the century, I don't think anybody had an idea of how important they would be today. An open door, an open access, for people who never thought that they could make it, people who started going at two years and then many, many of whom transferred to four-year institutions. I don't know whether people in this room know that every single graduate of public and parochial schools in Philadelphia gets a letter from Community College that says, "Congratulations, you have been accepted to college." Think of what that does to a young person, an affordable education, and for young people who are not sure where their futures will be. Particularly today, with Welfare To Work being so important, Community College will play an even more important role in this city. PRESENTATIONS And we are a city of many, many colleges and universities, even more than Boston, which comes as a surprise to lots of people. But I do think that Community College is a gem that many people don't know enough about, and it is the college of this city. So bee want to thank you for the recognition and thank you so much for all your support. (Applause.)
Our second presentation honors SCAN. To make this presentation, the Chair appoints Councilwoman Tasco. The Chair invites Ms. Vivian Drayton to come and receive this resolution. Will Councilwoman Verna please approach the Chair. (Councilwoman Verna assumes the Chair.)
Good morning. PRESENTATIONS It gives me great pleasure to present this resolution celebrating the 23rd Anniversary of SCAN, Incorporated. Whereas SCAN, Inc., is an umbrella organization of myriad programs designed to stop child abuse now; And whereas, SCAN, Inc., has developed Philadelphia's single most distinguished agency to address services to children in distress. And.
Whereas, SCAN's highly recognized and applauded multi-disciplinary approach seeks to prevent, treat, and stop the cycle of child abuse, neglect, and exploitation through family services and community education; And whereas, SCAN has supported and preserved innumerable families by helping them create nurturing, loving, and secure environments for their children; And whereas, SCAN, Incorporated, that is pioneered services to children in their own home, developed substance and child abuse treatment and prevention, health intervention and immunization PRESENTATIONS programs that have included more than 10,000 home visits to over 500 families, with more than 1500 children. And now, therefore...
Resolved that the Council of the City of Philadelphia congratulate, celebrate, and applaud SCAN, Inc., on its 23rd Anniversary for such extraordinary efforts to stop child abuse now. Resolved further that the Council of the City of Philadelphia present an engrossed copy of this resolution to Vivian M. Drayton, MSW and LSW, Executive Director of Scan, Inc., for her outstanding leadership and dedicated sponsorship of scan's 13th annual fundraiser, SCANtastic, a feast of culinary delights, at Philadelphia's Memorial Hall on Friday, April 17, 1998. Certification that this is a true and correct copy of the original Resolution adopted by the Council of the City of Philadelphia on the 26th day of March, 1998. It is signed by President Street, introduced by Marian B. Tasco, Happy Fernandez, and Angel Ortiz, and supported by all members of City PRESENTATIONS Council. We congratulate SCAN and we hope all of you will join us tomorrow night for the SCANtastic feast at Memorial Hall. And I want to thank my two fine delta sisters for being in leadership roles of the SCAN corporation. (Applause.)
Thank you very much. I want to thank my delta sisters, certainly Councilwoman Tasco, as well as Mrs. Dorothy Sumner Rush, who is on the Board of SCAN, and certainly Councilwoman Happy Fernandez, who has also worked with us many, many years. I want to just say to you it is clearly an honor to be here. We appreciate this honor because we are about the business of stopping child abuse and neglect. It is a major problem in this country. Over 3 million children are abused each year, and that's only the children that we count. PRESENTATIONS There are many others that we never know about. We need the support of everyone. We know that all of the issues that happen within this city and in this country, there is a direct correlation with how people were parented as children. And we are trying our very best to recognize that everybody, every child, deserves the right to live in a safe and nurturing environment. We want to continue to do this work. We are not going to give up the fight. We believe that there are strengths in all families. And we recognize that we want to make this a better place to live. Because we believe that child abuse can be reduced, it can stop. We see parents change, and we just need more help. Please get involved. Because if anything happens to you that's negative, you will find that that person has had an awfully bad experience in their childhood, and we want to change that. We thank you so very much. And come to SCANtastic. 120 restaurants will be represented tomorrow night, and it is going to be a wonderful COMMUNICATIONS time. Thank you so much. (Applause.)
Council will stand at ease. (Council stands at ease.)
The next order of business is Communications. The Chair recognizes the Sergeant At Arms for the purpose of delivering the messages from the Mayor to the Chief Clerk. The Chief Clerk will read the messages from the Mayor.
April 13, 1998. To the President and members of the Council of the City of Philadelphia. I am pleased to advise you that I have today signed the following Bills: 960886, 970818, 980020, 980021, 980023, 980043, 980044, 980045, 980046, and 980111. April 13. I am pleased to advise you I have signed the following bill which was passed by Council on April 8, Bill No. 970829. And a Resolution approving certain changes to the transaction by which the City Hall COMMUNICATIONS Annex will be redeveloped, as required by Bill No. 970239, approved July 5, 1997, which approved the project plan for the City Hall Annex Tax Increment Financing District. And the following Resolutions are being transmitted for approval for Directors of Center City District, appointing Edward J. Vaskovalis, appointing Amea Young, John Sullivan, William Boone, Charles Pizzi, Nancy Gold. And an Ordinance to amend an Ordinance approved June 13, 1997, 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 New Kensington Fishtown Urban Renewal Area by approving the First Amendment of the Redevelopment Proposal and the First Amendment to the Urban Renewal Plan, which provide inter alia for certain additional land acquisition and provision of certain relocation services, as required by law, for the individuals, families, and business concerns which may be displaced. And an Ordinance to amend an Ordinance approved October 18, 1977, which approved INTRODUCTION OF BILLS AND RESOLUTIONS the Redevelopment Proposal and the Relocation Plan of the Redevelopment Authority of the City of Philadelphia, for the redevelopment of the Meadow II Urban Renewal Area, by approving the First Amendment of the Redevelopment Proposal and the First amendment to the Relocation Plan which provide inter alia for certain additional land acquisition and provision of certain relocation services, as required by law, for the individuals, families, and business concerns which may be displaced.
The messages will be printed in the Journal. The Chief Clerk will read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Clark for the purpose of moving that the Rules of Council be suspended so as to permit consideration of resolutions immediately after introduction.
So moved. INTRODUCTION OF BILLS AND RESOLUTIONS (Duly seconded.)
All in favor. The motion is carried. The Chair recognizes Councilwoman Clark.
Madam Chair, I have two resolutions, one privileged, one nonprivileged, for which I ask immediate consideration.
A resolution recognizing the 8th Annual Susan G. Koehman Breast Cancer Foundation Race for the Cure.
Move the adoption of that resolution. (Duly seconded.)
All those in favor will signify by saying aye. The motion is carried.
A resolution to fully INTRODUCTION OF BILLS AND RESOLUTIONS explore the use of vouchers and their impact on public education.
The resolution will be referred to the appropriate committee.
The Chair thanks the lady. The Chair recognizes Councilman Cohen.
The Chief Clerk will please read the title of the resolution.
A resolution officially disapproving H.R. 3206, the Fair Housing Amendment Act of 1998, and any similar legislation which would significantly repeal or diminish the National Fair Housing laws and protections.
The Chair recognizes Councilman Cohen. INTRODUCTION OF BILLS AND RESOLUTIONS
Madam Chair, I will be speaking in opposition to this resolution. I would just like to say that the National League of Cities is very involved with this legislation. And it is legislation which has changed. It is changing as we speak. There is a new version that I don't think this resolution addresses because it wasn't available. That new version was not available when the resolution was printed. But there is a lot of fear in the Fair Housing community that this bill will be marked up in the coming weeks. It is my understanding that that won't happen, it will be the following week. But the principal aims of the federal legislation are to deal with group homes for those convicted of crimes that require sentences of more than one year, and to juvenile delinquents that have been convicted of similar crimes, which, if they had been adults, would have the same type of sentence, INTRODUCTION OF BILLS AND RESOLUTIONS more than one year. There is difficulty with these homes throughout the country, particularly in large cities, particularly in minority neighborhoods, and the problems are several. One is that you can have, and there are, sometimes 15 residents in these homes, where they are privately run, and it is just a money-maker. To recover the costs of the home, the rental costs, might require five or six people. But the way the federal law is now, the local government has no say at all in any restrictions that would be placed on those numbers. The other problem with that is that oftentimes there maybe as many as six or seven of these on one block. And studies have been done in the District of Columbia that would bear this out. If these amendments that are before the Congress now would pass, the local government wouldn't be able to shut out that seventh home, but would be able to work with the provider to move it further away from the six that are already there. The reasonable accommodation that's INTRODUCTION OF BILLS AND RESOLUTIONS in the Fair Housing Act dealing with people with disabilities, meaning that local governments can't exclude them from zoning, is not addressed in the new version of the bill at all. That would cover anything now in the future as it has in the past. You would not be able to zone people out. What it does deal with, though, is trying to disburse those homes, not just give carte blanche to providers to put them anyplace they please. And I would ask that we vote against this bill. And I would not be against a motion to table it, because there is a week more than I think most people thought. And I think we are dealing more with the problem with the facts than with the reality. And, for instance, I have got some problems in my district with CLAs that are right across the street from each other. And that's totally against all the reasons to put a CLA on a block, is to make it like a regular home, in a regular neighborhood, for the retarded adults that are living there. INTRODUCTION OF BILLS AND RESOLUTIONS When you start putting more than one on a block, you are starting to institutionalize the block. That goes absolutely against the purpose of doing it in the first place. But right now there is no way we can stop that from happening. And particularly when you start putting convicts, people with real serious problems, in multiple situations where the people that own homes, live in the neighborhood, have no say over it, that's the kind of thing we are trying to deal with here. It is not trying to take away any constitutional rights. And there aren't any being taken away in this legislation. And I would ask my colleagues to vote against this bill, or at least table it for a week. So I make a motion to table first. And if that fails, I will ask for a vote to defeat it. Thank you.
Councilman, there are a couple of other lights on, people who wish to speak. As you know -INTRODUCTION OF BILLS AND RESOLUTIONS
Thank you very much. The Chair recognizes Councilwoman Tasco.
Mr. President, we have been wrestling with this issue. When I came on City Council some few years back, I found that we had some problems in East Oak Lane with group homes. And we know that there are problems with how some of the homes are opened in various neighborhoods, and we tried to address this issue. We have met with a number of disability groups, as well as residents of neighborhoods, who have had some bad experiences with group homes. And during our discussion, because it is a complicated issue, the Fair Housing Act is not the way to resolve the problems that we have on the local level. Many of the problems that we discussed in our meeting, and that have been brought INTRODUCTION OF BILLS AND RESOLUTIONS to your attention this morning, are issues that can be corrected by dealing with state legislation, as well as local ordinances, to control how these boarding homes in so many instances operate. We just do not believe -- and we got an E-mail this morning where the Mayor of Chicago is holding a press conference to oppose this, as well as the City of Los Angeles has issued a resolution in opposition, and some other cities around the country -- because we do not believe that amending the Fair Housing Act is the way to address the problems that exist with placing group homes in a community. And so we held the bill for a couple of weeks because we do and are sensitive to the problems associated with it. But we believe that this bill will be marked up next week, and we want our voices heard in Washington that we do not believe in it. And if you will read that, we stated that there should be another way to address the local issue, but not to amend the Fair Housing Act. Which this bill really hurts many, many groups, and also goes on the freedom of information. INTRODUCTION OF BILLS AND RESOLUTIONS Thank you. (Council President Street resumes the Chair.)
Thank you very much. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. I am glad or happy to hear the debate on the issue. Certainly in my area, we have groups, in fact we have a Group Homes Task Force, I have recently been talking with Councilwoman Verna about it, who has been dealing with the issue of some blocks being inundated with group homes, some they support and some they don't. Here to date we have contacted the owners of those homes and have worked extensively with the Health Department and DHS to try to identify owners in order to try to resolve any issues that arise. Certainly we realize -- and in fact in my area they want them outlawed in the whole zip code. So it is an ongoing issue. INTRODUCTION OF BILLS AND RESOLUTIONS I am happy to listen to the debate. I know that some group homes don't function well, and they are the object of sometimes they don't take care of the property, et cetera. But we know that this is America, and that other group homes operate quite well. How we come to deal with this, my experience to date has been that locally, because there is no registration -- and this is what the Group Homes Task Force in my area has focused on -and that is some way that they register in the city, so that they are identifiable, and then we go from there. So again, I am happy to hear the debate. I don't know what we should do. I think all of us would agree that some group homes are good, some few aren't, but that we need to come to some consensus as to how to protect those that are wanted, how to not really inundate certain areas, and how to deal with those few who certainly do not comply with the law. Thank you, Mr. President.
Thank you very much. INTRODUCTION OF BILLS AND RESOLUTIONS The Chair recognizes Councilwoman Fernandez.
Mr. President, let one other Council member go first, and then could you come back to me, please.
The Chair recognizes Councilman Cohen. Councilman Cohen, do you wish to yield to Councilwoman Clark?
Well, did you make a request, sir? I was speaking with Councilwoman Clark.
Councilman, I just overheard Councilwoman Clark asking you to yield to her.
Fine. Fine. I INTRODUCTION OF BILLS AND RESOLUTIONS didn't hear the request to yield.
Mr. President, I have no earth-shaking comments. And I wanted to leave the spot of wrap-up for Mr. Cohen, who is the major sponsor of the bill. The concern that I have about not passing this bill is that through H.R. 32-06, the federal legislation is going to be too narrow. It is not for the federal legislation to fill in all the little blanks and dots; that's for local groups to do in order to adapt a bill to local circumstances. As Councilwoman Blackwell points out, some work well. We need to study those elements of the good group homes and locally regulate them through zoning and other local powers that the feds have no business interfering with. When the enabling legislation gets too narrow, it becomes handcuffs rather than a help to us. I can understand very certainly the need to have some degree of regulation. But the INTRODUCTION OF BILLS AND RESOLUTIONS feds are like bringing in a canon to take care of a mosquito. Let's don't use that heavy power to take care of local things which zoning and other local powers could more effectively be used for. So I am going to be supporting this bill, which asks that H.R. 32-06 not be narrowed, that we need to celebrate the 30th Anniversary of this country recognizing that housing is a basic right. And we don't want them to give with one hand and then take it back on the other. Thank you, Mr. President. I yield back to Mr. Cohen.
Thank you very much. The Chair recognizes Councilwoman Fernandez.
Thank you, Mr. President. I too feel we ought to -- I intend to vote for the resolution that would share the concerns of people in this city about the proposed changes at the federal level. With due respect to Councilman O'Neill, who, as head of the National League of INTRODUCTION OF BILLS AND RESOLUTIONS Cities, does have a broad picture, and says perhaps some less harmful amendments may be worked out in Council, I mean, in Congress, what we have before us now is the bill that was proposed, we don't know what those possible amendments might be. So at this point, I think it would be important for us to voice our concern that this, again, would put too many restrictions on our local community. We really don't need the federal government telling us that there would have to be a zoning approval for a placement of homes. My understanding of some of the issues here is, first, there is a whole range of types of facilities that can be in neighborhoods, from group homes or institutional settings that deal with people with mental illness, mental disabilities, physical disabilities, people who have been in and out of prison as halfway houses, people with other kinds of special needs that need a group setting. So there are a whole range of issues here. The other concern I have is, from the information that I have been able to get, at going INTRODUCTION OF BILLS AND RESOLUTIONS to serious lengths to try to find out the distribution of these various kinds of facilities around the city, currently they are highly concentrated in certain neighborhoods; and there are some neighborhoods that have none, and that there are other neighborhoods who are already over-concentrated. So if there were zoning approval required for all kinds of group facilities, we could have the problem of preserving the status quo, which was basically inequitable. So I think here we on the local level would want to look very long and hard before we supported any change in federal legislation that could make our situation worse, rather than better. So or the proposed federal legislation, as I have read it, could make things worse and more complicated here, rather than improve it. So on those grounds, I will be voting for this resolution, which puts this Council on record as disapproving the bill that's currently before Congress. Thank you, Mr. President. INTRODUCTION OF BILLS AND RESOLUTIONS
Thank you very much. The Chair recognizes Councilwoman Tasco.
Mr. President, I just, in my remarks, did not make it clear that I would be supporting this. It is my resolution. Someone asked me. I would be supporting the resolution.
Thank you very much. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. I neglected to mention that part of the complication of this issue is that below a certain number, you don't have to go to Zoning Board. So communities just don't know what's there, because there's no place. That's why we have been fighting for some way that they can be registered on a local level at some site, whether it be here, the state INTRODUCTION OF BILLS AND RESOLUTIONS building, or wherever, so that communities know who is there. It seems to me that is a logical first step. But part of this issue is the complication of some group homes not having to go to the Zoning Board. So it is a very complicated issue, and certainly one that deserves our attention. Thank you.
Thank you very much. The Chair recognizes Councilwoman Fernandez.
Yes. Could I add one other point, following up on what Councilwoman Blackwell has said? I know from studies of boarding homes in this city, the reports that I have read show that while X number are registered and people know where they are, there are many illegal underground boarding homes and other kinds of group homes. And I think that's an issue that we hear at the local level need to look at, of how do you enforce against the current potentially large INTRODUCTION OF BILLS AND RESOLUTIONS number of underground boarding homes. And that's why we here at the local level need to be dealing with our problem, without interference from the feds. Thank you.
Thank you very much. The Chair recognizes Councilman Cohen.
Thank you, Mr. President. What gave rise to the introduction of the resolution at this point was that suddenly, out of nowhere, there emerged at the federal level a bill to destroy very basic provisions of the Fair Housing Law, and it developed in a way which avoided the need for any public discussions. There have been no hearings on this matter at the federal level. Suddenly this bill emerges, threatening to undermind the whole structure of the Fair Housing legislation, which arose for all of the reasons that my colleagues have given. Fair Housing deals with the housing INTRODUCTION OF BILLS AND RESOLUTIONS of people in our society against whom there are various kinds of pressures. Anyone disabled has had the experience of having people almost afraid to talk to somebody that's disabled or that has to move around in a wheelchair. When you add mental problems, it creates a feeling of uncomfortableness often with people who don't have any close relationship with other people that suffer from various disabilities. It seemed like it was a blunder-bust approach, let's change the whole federal law, and just turn the clock back 30 years. What this resolution does is to say what has appeared is very dangerous to the whole concept of Fair Housing. Let me read the title of the resolution: Officially Disproving H.R. 32-06, that's the House Bill No., the Fair Housing Amendment Act of 1998, and any similar legislation which would significantly repeal or diminish the National Fair Housing laws and protections. And we are concerned that unless local bodies, the West Coast and the East Coast, all INTRODUCTION OF BILLS AND RESOLUTIONS throughout the country, begin expressing concern about what may be happening to the national structure of Fair Housing laws, that there may be great danger. And we are saying, we are against that. We understand this is a complex issue that we think is better determined at local levels. But we need the structure of support from the Fair Housing Law. This bill is aimed at maintaining the basic structure of the Fair Housing laws. And I think it is in the best interests of every part of the community to see that Congress does not suddenly, without public hearings or ample discussion, suddenly take an ax and begin to destroy portions of the Fair Housing Law; that's what this resolution is dealing with. And we think we in the local communities have to deal with all the problems our colleagues have talked about. I would urge, and I think it is necessary, otherwise, I would -- you know, we have delayed for a couple of weeks to give everybody an opportunity. INTRODUCTION OF BILLS AND RESOLUTIONS I first introduced this resolution two weeks ago. When we got assurances that it may be held up a little bit of time, we delayed it for the last couple of weeks. But our information -- and it may be a little different from Councilman O'Neill's -- is that within the next week and two weeks, that this total attack on the Fair Housing Law is scheduled to take place, without any opportunity for hearings or discussion. I urge my colleagues to support the resolution. Thank you.
Thank you very much. The Chair recognizes Councilman O'Neill.
Mr. President, I can assure my colleagues that nothing in the federal legislation is dealing with destroying in any way hurting the Fair Housing Law, as we have known it for 30 years, unless somebody would interpret giving back authority -- the federal government in this case would actually be giving back authority to INTRODUCTION OF BILLS AND RESOLUTIONS local governments, when dealing with convicts and juvenile delinquents in group homes, so that the local government and neighborhoods would have some say in whether they were on their block and how many were in there. Now, if that is a destruction of the Fair Housing Act, then the Fair Housing Act isn't worth anything. But it is not. Every major provision of the Fair Housing Act, protecting people with disabilities, people that can't help themselves, is left intact. What has happened -- and the perversion of the interpretation of the Act -- is that people that are retarded, people that are mentally ill, have been lumped together in interpreting the Act, because of the way it was written, to be the same as convicted criminals and violent juveniles. This is a way to separate that out and say, hey, let's get rational. They aren't the same, people in our neighborhoods that we represent don't think they are the same. Give us some authority over those. We understand you took the authority INTRODUCTION OF BILLS AND RESOLUTIONS away from us, and we understand the reasons on CLAs and group homes dealing with those that are truly disabled. That doesn't change at all. So I don't know if we are just dealing with a different set of facts here, we disagree on when the bill is being marked up. But I just found out a half our ago that the mark-up is being delayed a week. There is a totally new bill being introduced by the sponsor. They don't even go back in session until the 21st in the Congress. It is a fairly short bill. It deals with alcoholics, convicted criminals, drug dealers, drug users, and violent juveniles, very narrow, taking as much input as possible from Fair Housing advocates, and narrowing the scope of the federal legislation as much as possible. Now, does this change any Fair Housing advocate's position who is lobbying? No. They don't want the bill touched. They don't want the bill touched. That's a blanket provision. It doesn't matter what the substitute bill says, they don't want any amendments. INTRODUCTION OF BILLS AND RESOLUTIONS I am against that position, the same as I am against the position that I or someone I represent can't have a say over convicted criminals living on their block in their neighborhood. And that's the narrow focus of this legislation. I would renew my motion to table, Mr. President.
Councilman O'Neill, a motion to table, as you know, ends debate. Councilwoman Clark's light is on.
I didn't think so. The Chair recognizes Councilwoman Clark.
Thank you, Mr. O'Neill, for not insisting on your motion to table. I do think that we want to be careful that we don't throw red flag words into the discussion that skew a rational consideration of the bill before us. INTRODUCTION OF BILLS AND RESOLUTIONS Criminals, juvenile delinquents, those are words that are calculated to make people hate the concept. But recognize that if a person is in a pre-release program, they are in an organized program where they are supervised a few weeks before they will be beyond the court supervision anyway. Nobody is sentenced to a group home. They come to a group home after they have served their sentence and are being given reentry into society, training and supervision. And I think that somehow we cloud the issue where we put in red flag words like criminals, like juvenile delinquents. There are areas in the city where there are few group homes. This is one time where being poor pays off. Because group homes tend to be in areas of the city where there are big houses, big single houses. So those of us who live in the innercity and in the ghetto don't have so much involvement with community living arrangements, and are more inclined to be liberal in our approach than people who live in areas where the houses are more INTRODUCTION OF BILLS AND RESOLUTIONS palatial. Mr. President, with that, I do want to say that I believe that this is a piece of legislation that we ought to support. And we ought to speak to our federal delegation and ask them to support defeat of these changes, because they hurt rather than help the cause of fair housing in this country. Thank you.
Well, now we have many, many more lights. The Chair recognizes Councilwoman Tasco.
Mr. President, when we first got this piece of legislation, we were concerned because there were no public hearings being held, and then you begin to wonder why there's no public debate about this whole issue. I spoke earlier about, when I came into Council, having group homes in my neighborhood, and that was prior to the fair housing act. And what was happening to me, I got a high concentration of group homes in my district because in other neighborhoods they weren't zoned INTRODUCTION OF BILLS AND RESOLUTIONS out. They were being zoned out of the suburban communities. So, therefore, the group homes were concentrated in those communities that didn't have strong voices, they tended to be minority communities, and where people were weaker in terms of fighting the zoning process. So they were concentrated in the 9th Councilmanic District, because I can go back to the record when we talked about it back in 1988 when I came on Council. As a result of the passage of the Fair Housing Act, it gave relief to provide housing for individuals in other parts of the city, as well as in the suburban communities. So, therefore, we in the city didn't have to take over or provide housing for whatever group needed group homes. Now they can, under the Fair Housing Act, be in neighborhoods outside of Philadelphia, in other suburban areas. And that has been the fight, that the small suburban communities don't want these group homes in their communities. So, therefore, the fight is to keep INTRODUCTION OF BILLS AND RESOLUTIONS and require the zoning, and the zoning will exclude these group homes no matter whether they are for people with disabilities, because it doesn't -- I mean, it is a very complicated bill. And these amendments come every other day. And so I agree with Councilwoman Clark, we don't have to throw a sledge hammer to correct a problem that we can correct through the state and through local ordinances to control what happens in a neighborhood. But to change the Fair Housing Act takes us beyond that point, and it, in a way, helps me.
The Chair wishes for Councilman O'Neill and Councilman Cohen and Councilwoman Tasco to please approach. The Chair would like to speak to Councilwoman Tasco, Councilman O'Neill, and Councilman Cohen. (Brief recess.)
Thank you very much. At this time, by agreement of the parties, we are going to hold this resolution for INTRODUCTION OF BILLS AND RESOLUTIONS one week, with the hopes that we will be able to get some additional factual information and perhaps restructure the resolution in a way that everybody can agree. We all agree that we would like to be in agreement on it. It is something that we all care very much about. And I would like to thank the Councilmembers for agreeing to this procedure. I think it will be helpful to all of us. At this time the Chair recognizes Councilwoman Krajewski for the purpose of introducing bills and resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. I offer one bill and seven resolutions.
The clerk will INTRODUCTION OF BILLS AND RESOLUTIONS please read the title of the bill.
An Ordinance authorizing Patricia Wallace, owner of the property located at 7027 West Passyunk Avenue, Philadelphia, Pennsylvania, to construct and maintain a deck on and over a portion of the north footway of Passyunk Avenue adjacent to the front of the property 7027 West Passyunk Avenue, under certain terms and conditions.
This bill will be referred to the appropriate committee. The clerk will please read the title of the resolutions.
A resolution appointing Walter DiLessio of the Board of Directors of Center City District. A resolution appointing Nancy Gold to the Board of Directors of Center City District. A resolution appointing William Boone to the Board of Directors of Center City District. A resolution appointing John Sullivan to the Board of Directors of Center City District. A resolution appointing Amea Young to the Board of Directors of Center City District. INTRODUCTION OF BILLS AND RESOLUTIONS A resolution appointing Edward J. Vasconsallis, Jr., to the Board of Directors of the Center City District. And a resolution approving Charles Pizzi to the Board of Directors of Center City District.
These resolutions will be to the referred to the appropriate committee. The Chair recognizes Councilman Kenney.
The Chair recognizes Councilwoman Miller. The Chair recognizes Councilman Nutter.
An Ordinance amending an Ordinance approved September 29, 1981, as amended -INTRODUCTION OF BILLS AND RESOLUTIONS
Excuse me. Can we get a little more mike for the Chief Clerk.
An Ordinance amending an Ordinance approved September 29, 1981, as amended, which Ordinance authorized the lease between the City of Philadelphia and the 21st Ward Athletic Association relating to the lease of the two parcels of ground located on the westerly side of Harner Street, southeast of Cathedral Road, by authorizing amendments to such lease, to change the area of land leased to the 21st Ward Athletic Association and to make other amendments to the lease agreement, all under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Fernandez.
Thank you, Mr. President. I have one nonprivileged resolution that I am introducing on behalf of Council President Street and Councilman DiCicco.
The clerk will INTRODUCTION OF BILLS AND RESOLUTIONS please read the title of the resolution.
A Resolution calling on the City Council Committee on Transportation and Public Utilities to conduct hearings concerning the proposed Chestnut Street Intermodal Improvement Project.
I move the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The resolution is adopted. The Chair recognizes Councilwoman Tasco.
The Chair thanks the Councilwoman. The Chair recognizes Councilman DiCicco. INTRODUCTION OF BILLS AND RESOLUTIONS COUNCILMAN DiCICCO: Mr. Thank you Mr. President. I offer four bills and two resolutions.
An Ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by amending various provisions of the Zoning Code relating to wireless service facilities, under certain terms and conditions. And an Ordinance authorizing Richard Miller and Laura Miller, husband and wife, owners of the property located at 3470 Amber Street, Philadelphia, Pennsylvania, to construct and maintain a one-story masonry garage addition onto a portion of the east footway of Carl Street, adjacent to the rear of the property 3470 Amber Street, under certain terms and conditions. And an Ordinance amending Title 9 of the Philadelphia Code entitled "Regulation of Businesses, Trades and Professions," by amending Chapter 9-300 entitled "Communications," by establishing a license for wireless service INTRODUCTION OF BILLS AND RESOLUTIONS facilities, and opposing certain maintenance and other requirements upon such facilities, all under certain terms and conditions. An Ordinance amending an Ordinance approved June 13, 1997, which approved the Redevelopment Proposal, the Urban Renewal Plan and the Relocation Plan of the Redevelopment Authority City of Philadelphia for the redevelopment of the new Kensington Fishtown Urban Renewal Area by approving the first amendment of the Redevelopment Proposal and the first amendment to the Urban Renewal Plan which provides inter alia for certain additional land acquisitions and provisions of certain relocation services as required by law for the individual families and business concerns which may be displaced.
These bills will be referred to the appropriate committee. The clerk will please read the title of the first resolution introduced by Councilman DiCicco.
A Resolution honoring the Philadelphia Flag Day Association on the occasion of their 56th observation of Flag Day and INTRODUCTION OF BILLS AND RESOLUTIONS the 221st Anniversary of Flag Day.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you Mr. President. I move for the adoption of the resolution. (Duly seconded.)
All 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.
A Resolution approving certain changes to the transaction by which the City Hall Annex will be redeveloped, as required by Bill No. 970239, approved July 5, 1997, which approved the project plan for the City Hall Annex Tax Increment Financing District.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, INTRODUCTION OF BILLS AND RESOLUTIONS Mr. President. I move for the adoption of the resolution. (Duly seconded.)
All 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 O'Neill.
The Chair thanks the Councilman. The Chair recognizes Councilman Mariano.
An Ordinance amending an Ordinance approved October 18, 1977, which approved the Redevelopment Proposal and the INTRODUCTION OF BILLS AND RESOLUTIONS Relocation Plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Meadow II Urban Renewal Area by approving the first amendment of the Redevelopment Proposal and the first amendment to the Relocation Plan which provided inter alia for certain land acquisition and provision of certain relocation services as required by law for the individuals, families, and business concerns which will be displaced. And an Ordinance authorizing Jose Rodriguez, owner of the property located at 7101 Rutland Street, Philadelphia, Pennsylvania, to construct and maintain a side deck on and over a portion of the north footway of Princeton Avenue, adjacent to the side of the property 7101 Rutland Street, under certain terms and conditions.
These bills will be referred to the appropriate committee. The clerk will please read the title of the first and only resolution introduced by Councilman Mariano.
A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority REPORTS FROM COMMITTEES of the City of Philadelphia deeds for properties situate in the 7th, 18th, 19th, 23rd, 37th, and 43rd Wards of the City of Philadelphia.
Mr. President, I move for the adoption. (Duly seconded.)
All 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 Rizzo.
The Chair thanks the Councilman. The next order of business is Reports from Committees. The Chair recognizes Councilman Kenney for the report of the Council Committee on Rules. REPORTS FROM COMMITTEES
Thank you, Mr. President. The Council Committee on Rules reports out Resolution No. 980182 with a favorable recommendation and makes a request for Rules suspension to allow for approval today.
To the President and members of the Council of the City of Philadelphia: The Committee on Rules to which was referred Resolution No. 980182, entitled, Resolution authorizing the Rules Committee to review the proposed revision of the RC-6 Residential Plan Development District Master Plan for the former U.S. Naval Home Site, as approved by the City Planning Commission and received by the City Council on March 16, 1998, and to recommend either to approve, disapprove, amend, or defer change on said proposal pursuant to requirements under Section 14-226(2)(b) of the Philadelphia Code, respectfully reports it has considered the same and returns the attached resolution to Council with a favorable recommendation. REPORTS FROM COMMITTEES
I move the rules of Council be suspended so as to permit adoption of this resolution today. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The Rules are suspended. The Chair recognizes Councilman Kenney.
I move the adoption of the resolution. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The Resolution is now adopted. The Chair recognizes Councilwoman Verna for the report of the Council Committee of the Whole. REPORTS FROM COMMITTEES
Thank you, Mr. President. The Committee of the Whole reports Bill No. 980022 out of committee with a favorable recommendation.
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. 980022, entitled an Ordinance amending Section 9-206 of the Philadelphia Code entitled, "Sidewalk Vendors in Neighborhood Business Districts," by designating University City, the area in the general vicinity of the campus of the University of Pennsylvania in West Philadelphia as a neighborhood business district in which sidewalk vending is regulated pursuant to Section 9-206, and enacting special provisions regulating vending, both sidewalk vendors and street vendors, in University City, all under certain terms and conditions, respectfully reports it has considered, amended the same, and returns the attached bill to Council with a favorable recommendation. REPORTS FROM COMMITTEES
Thank you, Mr. President. I move that the Rules of Council be suspended so as to permit first reading of Bill No. 980022. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The Rules are suspended. Bill No. 9800232 will be added to our first reading calendar today. The Chair recognizes Councilman Kenney for the report of the Council Committee on Licenses and Inspections.
Thank you, Mr. President. The Council Committee on Licenses and Inspections reports out four bills with a favorable recommendation.
The clerk will please read the report. REPORTS FROM COMMITTEES
To the President and members of the Council of the City of Philadelphia: The Committee on Licenses an Inspections, to which was referred Bill No. 970693, entitled "An Ordinance," amending an Ordinance approved January 3, 1992, establishing vendor locations in Center City pursuant to Subsection 9-204(8)(a) by deleting one location on South 5th Street and by creating a new location on South 5th Street; Bill No. 980121, an Ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales on certain blocks in the 7th Councilmanic District; Bill No. 980174, an Ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalk sales on certain blocks in the 7th Councilmanic District; Bill No. 980175, an Ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalk sales on blocks in the 7th Councilmanic District, respectfully reports it has considered the same and returns the attached bills REPORTS FROM COMMITTEES to Council with a favorable recommendation.
Thank you, Mr. President. I move the Rules of Council be suspended so as to permit first reading of Bills No. 970693, 980121, 980174, and 980175 today. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. The Rules are suspended. These bills will be added to our first reading calendar today. The Chair recognizes Councilwoman Miller.
Thank you, Mr. President. The Special Committee on Parks, Recreating and Cultural Affairs reports Bill No. 970794 out of committee with a favorable recommendation.
The clerk will FIRST READING CALENDAR please read the title of the report.
To the President and Members of the Council of the City of Philadelphia: The Committee on Parks, Recreation and Cultural Affairs, to which was referred Bill No. 970794, entitled "An Ordinance," naming the playground currently designated as the Whitehall Commons Playground, located at 1900 Wakeling Street, and bounded by 4700 Jackson Street, 4700 Ditman Street, and 1900 Margaret, as the Billy Gambrell Playground, respectfully reports it has considered the same and returns the bill to Council with a favorable recommendation.
The bill reported favorably will be printed and placed on our first reading calendar for our next meeting. The next order of business is the consideration of the calendar. The chief clerk will read the bills on the first reading calendar.
Bill No. 980022, an Ordinance amending Section 9-206 of the Philadelphia Code entitled "Sidewalk Vendors And Neighbor Business Districts," by designating University City, FIRST READING CALENDAR the area in the general vicinity of the campus of the University of Pennsylvania in West Philadelphia, as a neighborhood business district in which sidewalk vending is regulated pursuant to Section 9-206, and enacting special provisions regulating vending, both sidewalk vendors and street vendors, in University City, all under certain terms and conditions.
Bill No. 970693, An Ordinance amending an Ordinance approved January 3, 1992, establishing vendor locations in Center City, pursuant to Subsection 9-204(a)(8) by deleting one location on South 5th Street and by creating a second location on South 5th Street.
Bill No. 980121, an Ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales on certain blocks in the 7th Councilmanic District.
Bill No. 980174, An Ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales by adding a new SECOND READING AND FINAL PASSAGE CALENDAR provision prohibiting sidewalk sales on certain blocks in the 7th Councilmanic District.
Bill No. 980175, an Ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalks sales on certain blocks in the 7th Councilmanic District.
The Chair agrees. The bills read by the Chief Clerk will be placed on the second and final reading passage calendar for our next meeting. Council will now consider bills on the second and final reading passage calendar. The Council recognizes Councilwoman Verna.
Thank you, Mr. President. Bills No. 980006, 970823, and 980203 are being called up for consideration on the second reading and final passage calendar. All other bills are being held.
The Chair thanks the Councilwoman. SECOND READING AND FINAL PASSAGE CALENDAR The first bill for consideration is Bill No. 980006. The clerk will please read the title of the bill.
An Ordinance to authorize the creation of a loan or loans to provide funds for and toward various capital municipal purposes, authorizing the Mayor, City Controller, and City Solicitor, or a majority of them, to sell bonds at public or private negotiated sale setting forth the capital purposes in the amounts for which the proceeds of the loan or loans will be expended, providing for the maturities and for other terms and conditions, and for the form of the bonds, providing that certain bonds may be redeemable prior to maturity, providing Sinking Fund for the bonds and for appropriations to the Sinking Fund Commission for the payment thereof, authorizing agreements to provide credit or payment or liquidity sources for the bonds in certain other actions providing for obtaining the consent of the electors to increasing the indebtedness of the City of Philadelphia, fixing a day a day for holding the election for obtaining such consent and providing for the arrangements for holding such elections. SECOND READING AND FINAL PASSAGE CALENDAR Mr. President, I have a letter that was forwarded to the Chief Clerk approving the transaction of the bonds by the City Controller.
Thank you very much. This bill having been read on two different days, the question now is shall the bill pass finally. The clerk will call the roll.
Aye. The ayes are 16, the nays are zero. A majority of all members of Council having voted in the affirmative, the bills passes. The next bill for consideration is Bill No. 970823. The clerk will please read the title of the bill. SECOND READING AND FINAL PASSAGE CALENDAR
An Ordinance establishing a parking regulation on Grove Street west side, Vine Street to Callowhill Street.
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 Miller. SECOND READING AND FINAL PASSAGE CALENDAR
I know I am getting to 16. I can't figure out who is absent. The ayes are 16, the nays are zero. A majority of all members of Council having voted in SECOND READING AND FINAL PASSAGE CALENDAR the affirmative, the bill passes. The next bill for consideration is Bill No. 980203. The clerk will please read the title of the bill.
An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 of an area bounded by Market Street, Juniper Street, Filbert Street, and 13th Street, by relocating the easterly curbline of Juniper Street from Commerce Street to Filbert Street a variable distance westwardly, 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 the roll.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. SECOND READING AND FINAL PASSAGE CALENDAR
Aye. The ayes are 16, the nays are zero. A majority of all members of Council having voted in the affirmative, the bill passes. This brings us to completion of our consideration of the second and final reading passage calendar. Are there any speeches on part of members of the minority? Are there any speeches on part of members of the majority? The Chair recognizes Councilwoman Verna.
Thank you, Mr. President. I move that Council stand adjourned until Thursday, April 23, 1998, at 10:00 a.m. (Duly seconded.)
All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. This Council stands adjourned until Thursday, April 23, 1998, at 10 o'clock a.m. (Stated meeting adjourned at 1:15 p.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, April 16, 1998, were reported fully and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING _____________________________________ DEBRA A. WHITEHEAD, RPR