COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Friday, April 25, 2003 10:35 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI 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, CHIEF CLERK V A R A L L O, INCORPORATED LITIGATION SUPPORT SERVICES Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
Good morning. I note that the hour has come and that quorum of this Council is present. The Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Joseph E. Kelly, Pastor of St. Monica's Roman Catholic Church. He is here today as the guest of Councilman Rizzo. Members and guests will please rise.
Eternal Father, we gather this morning in our City of Philadelphia, a City that we love and a City that we have dedicated ourselves to serving. We recognize the efforts of those who have gone before us, most recently, Councilman Longstreth. We thank God for the good work of those here today, and we pray for our future City leaders. It is fitting that we gather to pray, for we continue the great tradition of our founding father's who met here in this City and declared it is the indispensable duty of all nations, not only to offer up their supplications to almighty God, the giver of all good, for his gracious assistance in time of distress, but also in a solemn and public manner, to give him praise for his goodness in general. Today and every day, we ask that same devine assistance that our City may grow and thrive, that it may be a model for all other cities in this great nation, that it may be that City set on a hill to which all others are drawn. Finally, dear Father, we pray that by our love for and acceptance of one another, we may truly be known as a City you have blessed. A City of brotherly love. Amen.
The Chair thanks Father Kelly for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, April 10, 2003. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, April 10, 2003, stand approved. (Duly seconded.)
It has been moved 042503 - STATED - LEAVES OF ABSENCE and properly seconded that the Journal the meeting Thursday, April 10, 2003, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The next order of business is request 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 gentleman. The Chair will dispense with the regular order of business to recognize the guests and Chambers this morning. On behalf of all members of City Council, I welcome you to our Council Session today. 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. 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 please read the messages from the Mayor. THE
To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on April 24th, I signed all the bills that were passed at its Council Session on April the 3rd except 030014, 030073, 030015. And I am pleased advise you that on April the 24th, I signed all the bills that passed Council at its Session on April the 10th except 030123, 030138. And I am herewith returning to you unsigned the following bills that were passed by on April the 3rd: Bill 030014 and Bill No. 030015. And I am returning to you unsigned the following bills that were passed at Council Session on April the 10th: Bill No. 030123 and Bill No. 030138. And I am returning herewith as disapproved Bill No. 030014 passed the Council Session on April 3, 2003. And I am transmitting herewith for the consideration of your Honorable Body the following: An ordinance approving the Fiscal Year 2003 Capital Budget, providing for the expenditures for the capital purposes of the Philadelphia Gas Works. And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease agreement to lease from the Philadelphia Municipal Authority portions of a building located at 1515 Market Street. And an ordinance amending Chapter 14-2100 of the Philadelphia Code, entitled "Land Subdivision." And an ordinance providing for the credit of certain taxes within specified geographic areas. And an ordinance removing the properties known generally as the Brewerytown Development from Philadelphia Keystone Opportunity Zone subject to the request and concept of the owners of said properties, under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will read any other communications in her possession. THE
Thank you, Madam President. I am pleased this morning to welcome to City Council some visitors from the Philadelphia Christian Academy, and it's their 5th and 6th grade class. They are accompanied by Rev. Small. Will you please stand. Thank you. (Applause.)
Rev. Small, AND RESOLUTIONS welcome. The next order business -
With respect to the messages from the Mayor, could I be informed as to what the Mayor has done, if anything, with respect to the bill passed unanimously by the City Council with respect to the 20 percent senior citizen discount? My memory is that today he had to act on it, veto it, pass it, or -
The Chief Clerk tells me that it became law without his signature. Both bills became law without his signature.
You're welcome, sir. Councilwoman Blackwell, do you have any bills or resolutions to be introduced today?
Madam President, I think we should rule on the suspension. AND RESOLUTIONS Madam President, I move that Rules of Council be suspended so as 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 in favor of the motion will signify by saying aye. (Aye.)
The ayes have it. The motion carries. And again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I have two bills and one resolution on your behalf and two resolutions on my behalf.
Thank you. The Clerk will please read the title of AND RESOLUTIONS the bill. THE
An ordinance providing for the contingent exemption, abatement, or credit of certain taxes within a specified geographic area, including by amending Bill No. 970788A, approved December 30, 1998, relating to the boundaries of the Keystone Opportunity Zone.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 14-2100 of the Philadelphia Code, entitled "Land Subdivision," by deleting certain provisions by adding certain new provisions and by amending certain existing provisions, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the City of Philadelphia deeds located in the 36th Ward of the City of Philadelphia. AND RESOLUTIONS
Madam President, 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. (Aye.)
The ayes have it, and the motion carries. The Clerk will please read the title of the next resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelop Authority deeds located in the 6th, 24th, and 51st Wards of the City of Philadelphia.
The Chair recognizes Councilwoman Blackwell. AND RESOLUTIONS
Madam President, 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. (Aye.)
The ayes have it, and the motion carries. The Clerk will please read the final resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 27th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the AND RESOLUTIONS resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance enacting AND RESOLUTIONS a new Section 10-1611 of Chapter 10-1600 of the Philadelphia Code, entitled "Distinction of Proceedings," to provide for the discontinuance of proceedings before the Bureau of Administrative Adjudication, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the first resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 18th, 19th, 37th and 43rd Wards of the City of Philadelphia.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be AND RESOLUTIONS adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the next resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th and 19th Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.) AND RESOLUTIONS
The ayes have it, and the resolution has been adopted. The Clerk will please read the next resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelop Authority deeds located in the 19th Ward of the City of Philadelphia.
Move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have AND RESOLUTIONS it, and the resolution has been adopted. The Clerk will please read the last resolution. THE
A resolution honoring Luisto Figarino (ph) representing Philadelphia the Star Search finals.
I want to say this bill was cosponsored by Councilman Ortiz, and I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one bill and one resolution. AND RESOLUTIONS
The Clerk will please read the title of the bill. THE
An ordinance approving Fiscal Year 2003 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 for acknowledging receipt of the forecast of Capital Budgets for Fiscal Years 2004 through 2008.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution. THE
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. AND RESOLUTIONS (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer two resolutions.
Thank you. The Clerk will please read the title of the first resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 13th, 17th, and 22nd Wards of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be AND RESOLUTIONS adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the second resolution. THE
A resolution naming the 1400 block of West McFerran Street as T.R. Washington Way in honor of Dr. T.R. Washington.
I move for the adoption of the resolution. (Duly seconded.)
We're not actually changing the name of the street, we're adding.
All those in favor will indicate by saying aye. (Aye.) AND RESOLUTIONS
The ayes have it and the resolution has been adopted.
The Clerk will please read the title of the bill. THE
An ordinance amending Title 10 of the Philadelphia Code relating to regulation of individual conduct and activity by amending Section 10-610 entitled, "Skateboarding on Public Property" and Section 10-1608 entitled, "Hearings."
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kenney.
I have no bills or resolutions today, Madam President.
Thank you, Madam AND RESOLUTIONS President. I offer one resolution this morning.
Thank you. The Clerk will please read the title of the resolution. THE
A resolution proclaiming the Bob as the official dance of Philadelphia.
I don't know what the Bop is, but we'll soon find out. The Chair recognizes Councilwoman Brown.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Goode. AND RESOLUTIONS
Thank you, Madam President. I have no bills or resolutions.
Thank you, Madam President. I offer three bills and three resolutions.
The Clerk will please read the title of the first bill. THE
An ordinance naming and designating the south word Branch of the Free Library of Philadelphia, located at 932 South Seventh Street as the Chile Santora Branch of the Free Library of Philadelphia.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing Gold, Incorporated, to construct, own, and maintain a one-story building addition on the east footway of 12th Street adjacent to the property AND RESOLUTIONS 1648-52 East Passyunk Avenue.
This bill will be referred to the appropriate committee. THE
And an ordinance to amend the Philadelphia Maps by changing the zoning designations of certain areas of land located within an area bounded by Sixth Street, Randolph Street, Fitzwater Street, and East Passyunk Avenue.
Thank you. This bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution. THE
A resolution finding that the nomination by Governor Edward Rendell on April 22, 2003, of a holdover Pennsylvania Insurance Commissioner who has not aggressively pursued the public interest in the failure to establish a new state public advocate for insurance to advocate for insurance policyholders will continue the longstanding problems of excessively high insurance rates and anti-consumer practices of insurance companies, and urging Governor Rendell and the General Assembly not to a re-appoint the current holdover Commissioner and to establish a new public AND RESOLUTIONS advocate for insurance.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
Councilman Nutter did you want to speak on this? Your light is on.
No, Madam President. I wanted to say something on the Bop resolution, but since that didn't occur, I have nothing about the insurance issue. Thank you.
It has been moved and seconded that the resolution be adopted -Councilman Cohen, your light is not on please.
Well, it's not showing up on the screen, but please proceed.
You know, so many of us had such high hopes when Governor Rendell became Governor. We thought Philadelphia's interests were AND RESOLUTIONS being protected. That was the campaign issue, that he protect not only Philadelphia's interests, but everybody's interest. We've held extensive hearings on the problems of auto insurance. It's clear that one of the problems is the State Insurance Commissioner who, I believe, has already served under two governors during the time when the problems became acute. And in the midst of criticism by an outstanding Council Committee that was holding hearings, the Governor suddenly reappointed the Commissioner who is at the heart of the insurance regulation problem in Pennsylvania. She's known to act at the behest of the insurance companies. The Commissioner sees herself as the representative of the consumer, but she has ears only for the insurance industry and not from the consumers. She apparently doesn't even read the papers to learn about the heavy amount of discontent that exists that the extremely high rates that Philadelphians and others in the state are subjected to by the greed of the insurance companies. And right in the middle of the hearings, as we're having testimony on the terrible actions taken by the Insurance AND RESOLUTIONS Commissioner, came word of the announcement that the Governor had secretly, without indicating any intention to do so previously, reappointed the same Commissioner for a new term. I think it regrettable. I think it looks very bad for the future of the driver of cars and owner of cars in Philadelphia area and other areas that feel that they're being heavily over taxed by the insurance companies. And I certainly hope that this is no indication of the way the Governor intends to act on behalf of Philadelphians in the future. It's regrettable that it took place this early in his Administration, but it's a warning notice to all of us that, remember, if you're part of the public, you've got to hold the feet of us elected officials to the fire, not just during campaign times, but you have to be especially watchful of them after they get elected because speeches during campaign times may not result in the action everyone expects to have follow the election. We're very disappointed in Governor Rendell. He was very effective in his efforts to speak yesterday and even to sing at the memorial for Councilman Longstreth, but it was a terrible thing AND RESOLUTIONS to learn that he had so much betrayed the interest of the public that is so dependent on driving cars and having insurance rates that are affordable. Thank you, Madam President.
You're welcome. It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution has been adopted. The Clerk will please read the title of the second resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in 31st and 39th Wards of the City of Philadelphia.
Move for the AND RESOLUTIONS adoption of the resolution, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the third resolution. THE
A resolution authorizing the Commissioner Public Property to execute and deliver to the Redevelopment Authority deeds located in the 31st Ward of the City of Philadelphia.
Move for the adoption of the resolution. (Duly seconded.)
It has been AND RESOLUTIONS moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted.
Madam President, I offer three bills and one resolution on behalf of the President and all members of Council for which I will ask for a standing vote.
At this time I would like to publically thank you on behalf of all of Philadelphia for putting together a perfect memorial service for our late colleague Thacher.
Well, he certainly deserved it. Thank you very much. The Clerk will please read the title of the first bill. THE
An ordinance AND RESOLUTIONS authorizing and directing the revision of lines and grades on a portion of City Plan No. 253 of the area lying generally northerly from the intersection of Unruh Avenue and Oakley Street.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk Sales," by revising and expanding an existing area in which sidewalk sales are prohibited and so to prohibit sidewalk sales on both sides of Comly Road.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by adding a new Section 19-1801 providing for a cap on tax increases, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution. THE
A resolution mourning AND RESOLUTIONS the death and honoring the memory of W. Thacher Longstreth.
And a Quaker moment of silence. (Unanimous standing vote.)
The resolution has been adopted. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have three bills, but I do need to request a business matter with respect to a resolution. At the last Session, I introduced Resolution No. 030234 which provides for Council's agreement to participate in Progress Plaza Tax Increment Finance District, but at that vote, we did not vote on the resolution at our last Session. The resolution must be adopted before a hearing may be held on the proposed ordinance to create the AND RESOLUTIONS district. So, therefore, I move that Resolution 030234 be placed on the Final Passage Calendar for today's meeting. (Duly seconded.)
It has been moved and properly seconded that the Resolution No. 030234 be put on the Final Passage Calendar for today's meeting. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. Resolution No. 030234 will be placed on today's Final Passage Calendar. The Clerk will please read the title of the first bill. THE
An ordinance removing the properties known generally as the Brewerytown Development from the Philadelphia Keystone Opportunity Zone.
The bill will be referred to the appropriate committee. AND RESOLUTIONS THE
And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease agreement to lease from the Philadelphia Municipal Authority portion of a building located at 1515 Market Street.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Title 9 of the Philadelphia Code, Regulation of Business Trades and Provisions, by amending Section 9-208 relating to sidewalk cafes by amending and adding certain provisions for regulating sidewalk cafes.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.
Madam President, I have one resolution. And I'd like to note, Madam President, that this resolution was supported by all members of City Council, including Councilman Ortiz and Cohen.
The Clerk will please read the title of the resolution.
A resolution declaring May 17, 2003, as Philadelphia Housing Authority Community Partnership Health and Safety Day.
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The next order of business is reports from committees. And the Chair recognizes Kenney for a report from the Committee on Rules.
Thank you, Madam President. The Committee on Rules reports three bills out with favorable recommendations.