COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 21, 2010 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair recognizes Father Richard P. Connors of the Nativity of the Blessed Virgin Mary Parish. He is here today as the guest of Councilman DiCicco. I would ask all members and guests to please rise. (Members and guests rise.)
We come in quiet prayer a moment to reflect, bring ourselves into this room and to the important work that you do. In the tradition of faith, in the name of the Father, the Son and the Holy Spirit. Amen. Heavenly Father, we thank you come together to serve the people of the City of Philadelphia. We are grateful for the talents you have given us to understand the complexities of issues, that we may guide the needs of each heart and each person to the good, the common good, respecting the differences. May we bring conviction without prejudice. May we have gratitude in our heart that overcomes all fears, and unity of mind and heart that gives us progress, that does not forget values. We ask you, Lord, to power us by not our own motivation but by the spirit of generosity and kindness and goodness that first drew us to our offices and positions. May all the members who are here so, Lord, blessed, continue to bless them with wisdom, knowledge, fortitude, strength, most of all hope, that we may dispel from our myths all that hinders us from the progress of compassion. May we your will, and to that we will find the greatest satisfaction and peace. We pray for all the members of our military, especially those from Philadelphia serving throughout the world. We ask that you bless them, bring them home safely. We ask you to pray for all members of government on all levels, that we may be mindful of the power of prayer to change hearts and that it is faith that makes a difference. It is all in our own family needs we ask and ask your blessing so that each of us may see your power and your presence, for to serve you is to serve all others, and in serving others is to serve you, our Lord God. This blessing I bestow upon the City Council this day in the tradition of my faith and bestow upon you a blessing, and as your hearts so desire to receive it, in the tradition and expression and are may you receive it. The blessing, Almighty God, the Father, the Son and the Holy Spirit. Amen.
The Chair thanks Father for his invocation and blessing. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, October 7th, 2010. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 7th, 2010 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 7th, 2010 stand approved. please indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilmembers Jones, Tasco, Brown, who will present a resolution recognizing and honoring Milligan & Company on the occasion of their 25th Anniversary. Would Dennis -- Denise, I'm sorry, Denise Bailey and those accompanying her please join the Councilmembers at the podium.
We thought We found them. Well, there's an adage that time flies when you're having fun, but time also flies when you're helping people. Today we are recognizing and honoring Milligan & Company on the occasion of their 25th Anniversary of providing exceptional service in the areas of accounting, auditing and management consultant. Whereas, Milligan & Company is a certified public accounting firm which is headquartered in the City of Philadelphia, Commonwealth of Pennsylvania. With 25 years of service, Milligan & Company are dedicated to serving and representing non-profit organizations, public and private corporations, and government agencies; and
Whereas, Milligan & Company was founded by Temple University Magna Cum Laude graduate John Milligan and is partnered by Philadelphia Denise Bailey, Drexel University and Jovan Goldstein, Cheyney University; and Whereas, Milligan & Company staff look to create opportunities for others by participation in several youth mentor programs, service on numerous non-profit boards and committees, including community development corporations, youth programs, Children's Hospital of Philadelphia, National Association of Black Accountants, Pennsylvania Institute of Certified Public Accountants, the African American Chamber of Commerce and many more;
Whereas, Milligan & Company rose to the occasion in their beliefs in giving back to the community as proud sponsors of the Greater Philadelphia Minority Business Strategic Alliance (GPMBSA), which serves as an advocate in promoting the growth of minority and women-owned business enterprises. With 25 years of service, & Company is one of the largest minority-owned CPA firms in the United States, and besides Philadelphia, Pennsylvania, Milligan has offices in Baltimore, Maryland; Cherry Hill, New Jersey; and Washington, DC. Now, therefore, resolved, by the Council of the City of Philadelphia, that we hereby recognize and honor Milligan & Company on the occasion of their 25th Anniversary of providing exceptional service in the areas of accounting, auditing and management consulting. Further resolved, that an engrossed copy of this resolution be presented to the partners of Milligan & Company as evidence of the sincere sentiments of this legislative body. Certified that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 23rd day of September 2010. Signed by President Anna Verna, introduced by Councilman Jones, Tasco, Blondell Reynolds Brown and supported by all members of City Council. We congratulate this firm. I've worked with them for a number of years. They do outstanding work, and you feel proud when you can tell people that they work for you. And we enjoy their involvement in the community. Jovan is on the Logan CDC, and I work with Ms. Jenkins and she's in the district, my district, and her mother and her father goes back a long way in our communities. I have to take advantage to say that about her and this wonderful company, because this resolution cannot, cannot portray the wonderful work they've done and the wonderful people who work for this company. Thank you. (Applause.)
Thank you very Milligan & Company and my partners, John Milligan and Jovan Goldstein, I really want to thank the Councilpeople for this recognition, and I also want to thank our clients and, of course, our dedicated staff. Twenty-five years is a big milestone for anything, but especially if you're a small business and particularly if you're a minority business. And so we really did take the time to reflect and think about what 25 years meant. Four things really typify our company: Quality work, diversity of staff and services, perseverance and, of course, Philadelphia. Perseverance on display here today, Jovan has been with the firm starting on his 13th year and I'm in my 19th year with the firm. And so perseverance really is a hallmark and it has to be for any small business, but also Philadelphia. Fourteen years ago, we outgrew our space at North 8th Street and we were our firms anew. There were a lot of draws from suburban locations and many ideas, but we made the decision to buy a building, not rent a building, here in Philadelphia and to stay in Philadelphia. We hope to continue for another 25 years right here in Philadelphia. So thank you again. We appreciate the recognition, and we'll see you again in 25 more. (Applause.)
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I'd like to take this opportunity to acknowledge Rob Wonderling, the President of the Philadelphia Chamber of Commerce, who is here today with some visitors who are young professionals, volunteers and new Chamber, and they're on my left, your right.
If they would stand, we'd like to recognize you. Welcome. (Applause.)
The Chair recognizes Councilman Kenney, who will present a resolution recognizing October 4th through October 8th, 2010 as National Customer Service Week. Will Mrs. Rosetta Lue and those accompanying her please join the Councilman at the podium. And I see that Councilman Kenney is being accompanied by Councilwoman Brown. Councilman Kenney.
Thank you, Madam President. This is a resolution recognizing October 4th through 8th, 2010 as National Customer Service Week. Whereas, Customer Service Week is devoted to recognizing the importance of customer service and to honoring the support customers with the highest degree of care and professionalism; and Whereas, in 1992, the U.S. Congress proclaimed Customer Service Week a nationally recognized event celebrated annually during the first full week in October; and Whereas, the five core goals of a Customer Service Week celebration are: Boost morale, motivation and team work; reward frontline reps; raise citywide awareness of the importance of customer service; thank other departments for their support; remind customers of your commitment to exceeding customer expectations; and Whereas, in this 20th anniversary of Customer Service Week, it reminds us of our long and strong commitment to customer service excellence; and Whereas, this week, tens of thousands of customer service Service Week. The City of Philadelphia and Philly311 joins them in celebrating our achievements and in rededicating ourselves to the vital service mission;
Whereas, during the week, Philly311 will be celebrating our tradition of service to find many opportunities to thank the people throughout the City who are a part of this service team; and Whereas, signing the Customer Service Week Pledge is a great way to start this week-long celebration. It provides an opportunity to discuss the importance of the week, the meaning of the week's theme and logo, and for everyone on the team to recommit themselves to Philadelphia's best customer service; Whereas, the pledge is as follows: During Customer Service Week, we pledge our commitment to customer satisfaction, and to serving and co-workers throughout the year. Now, therefore, be it resolved, by the Council of the City of Philadelphia, that we hereby recognize October 4th through October 8th as National Customer Service Week. Further resolved, that an engrossed copy of this resolution be presented to Rosetta Lue, Director of Philly311, further evidencing the sincere sentiments of this legislative body. This resolution was introduced by my colleague, the James F. Kenney, and supported by all members of Philadelphia City Council, the founder of Philly311. (Applause.)
Thank you, and I wish to extend my appreciation to all City Council members, especially the founder of Philly311.
Customer service is critical to not just 311, but to also City leaders within the organization. It's not made up of just myself, but as you can see, behind us is just a small group of the number of people that we have within our organization to service the citizens of Philadelphia. We have from managers to frontline employees. They're all here representing what we want Philly311 to be. For us, customer service is just not a week, it's an ongoing improvement throughout the year. As such, the number of activities that we had within our organization will be spread out throughout the remainder of the City, throughout the remainder of the year, including classes, recognition programs. So I just want to thank everybody for really giving us this opportunity today to recognize Customer Philly311 customer service team. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on October 12 and October 20, 2010, I signed all of the bills that were passed by Council at its session on September 30, 2010, except Bill No. 100487, which I have returned without my signature; and I am transmitting herewith for the introduction and consideration of ordinance authorizing the Commissioner of Parks and Recreation, on behalf of the City of Philadelphia, to enter into a license agreement with the Philadelphia Authority for Industrial Development pursuant to which PAID will operate certain programs at the Scanlon Ice Rink, the Laura Sims Skatehouse at Cobbs Creek, the rink at the Simons Recreation and Teen Access Center, the Rizzo Ice Rink and the Tarken Ice Rink; and Also an ordinance approving the thirty-eighth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area, being the area beginning at the northwest corner of Front Street and Spring Garden Street; and An ordinance authorizing the Pennsylvania Academy of the Fine Arts, located at 128 North Broad Street, to construct, own and maintain various encroachments in the right-of-way; and Realty Trust, 555 East Lancaster Avenue, Suite 100, Radnor, Pennsylvania, 19087, to legalize various existing sidewalk encroachments located on the east footway of Juniper Street between Sansom Street and Drury Street; and An ordinance authorizing the revision of lines and grades on a portion of City Plans, within the vicinity of the Delaware Expressway from the Vine Street Expressway to the Philadelphia-Bucks County Line by placing on the City Plan, striking from the City Plan, relocating, and revising portions of the Delaware Expressway, its right-of-way, interchanges, and ramp connections; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Ridge Avenue from Vine Street to the intersection of Eighth Street and Race Street; and Streets Commissioner, on behalf of the City, to enter into an agreement with the Commonwealth of Pennsylvania for the grant to the City of a right-of-way for sewer and drainage purposes extending through a portion of property located at the northwest corner of Thirteenth Street and Arch Street; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 149 by striking from the City Plan and vacating the legally open portions of Hartwell Lane from a point approximately two-hundred seventy-seven feet southwest of Seminole Street; and An ordinance amending Section 2 of an Ordinance (Bill No. 080434) approved July 2, 2008, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271 by striking from the" -- by extending the period for compliance with the terms and conditions stated therein; 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 Haddington Urban Renewal Area, Unit Nos. and designated as Parcel Nos. 119 and 120, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. Does the Chief Clerk have any other communications in his possession?
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
Thank you, Madam President. I'm pleased to introduce on behalf of Councilmembers Sanchez, DiCicco, Tasco and Blackwell one bill and I also have one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Parks and Recreation, on behalf of the City of Philadelphia, to enter into a license agreement with the Philadelphia Authority for Industrial Development pursuant to which PAID will operate certain programs at the Scanlon Ice Rink, the Laura Sims Skatehouse at Cobbs Creek, the rink at the Simons Recreation and Teen Access Center, the Rizzo Ice Rink and the Tarken Ice Rink.
The bill will be referred to the appropriate committee.
And a resolution congratulating Walter Smith for his 50 years of service with the Union League of Philadelphia.
The Chair recognizes Councilman Kenney for a motion on the resolution.
I move the adoption of the resolution. (Duly seconded.)
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 is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Twenty-Seventh Ward of the City of Philadelphia.
The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, 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 indicate by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Twenty-Fourth, Thirty-Seventh and Forty-Sixth Wards of the City of Philadelphia.
Thank you, 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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam Chairman. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I offer one bill on your behalf and one resolution on behalf of leadership, which I'd like to speak on, please.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding as permissible locations the sidewalk of the east side of South 22nd Street between Cross Street and Tasker Street.
The bill will be referred to the appropriate committee.
And a resolution expressing Council's intent that, in the event Council enacts legislation revising or curtailing the Deferred Retirement Option Plan ("DROP"), any such legislation will provide all City employees who are eligible to enroll in the DROP by virtue of their age and years of service with a "window of opportunity" to enroll before any changes affecting their eligibility take effect; encouraging those employees who have submitted a Preliminary Application to enroll in the DROP but have not yet finalized their application to reconsider their decision carefully in light of Council's commitment to provide them with an opportunity to apply and enroll in the DROP at a future date; and requesting the Board of Pensions to advise DROP-eligible employees of Council's intention.
Thank you, Madam President. Madam President, this resolution is intended to reassure City employees who are eligible to enroll in DROP that regardless of whatever steps Council may take with regard to the program, the legislation will provide those employees with a window of opportunity to enroll before any changes take place. Following the Mayor's call in August to eliminate the DROP program, more than 1,200 employees submitted Preliminary Applications. Four-hundred seventy-two of those applications were submitted on the first five days following the Mayor's announcement in August. By comparison, only 82 applications were submitted for the entire month of August 2009. This resolution ensures that employees will have the time to make this life-changing decision, one that will seriously impact them and their families, carefully and not in haste. Thank you, Madam President, and we ask for the support of this resolution. (Duly seconded.)
Yeah. I move that we adopt the resolution. (Duly seconded.)
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 is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one bill and one resolution.
Thank you. The Chief 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. 149 by striking from the City Plan and vacating the legally open portions of Hartwell Lane from a point approximately two-hundred seventy-seven feet southwest of Seminole Street to a point approximately sixty-four feet further southwestwardly therefrom.
The bill will be referred to the appropriate committee.
And a resolution recognizing, honoring, and celebrating the Greater Philadelphia Coalition Against Hunger for all their efforts in fighting hunger in Philadelphia.
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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.
Thank you. The Chair recognizes Councilman Green.
Thank you. The Chair recognizes Councilman Jones.
Good morning, Madam President. Two bills, one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 2 of an Ordinance (Bill No. 060317) approved September 28, 2006, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 275 by extending Parker Avenue from its current terminus on the northeasterly side," by extending the period for compliance with the terms and conditions stated therein.
The bill will be referred to the appropriate committee.
And a resolution recognizing and honoring Kathy Manderino on her retirement as a Pennsylvania State Representative and her 18-years of dedication and commitment to the 194th District.
The bill will be referred to the appropriate committee. I'm sorry. The Chair recognizes Councilman Jones.
Thank you, 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 say aye. (Aye.)
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 Haddington Urban Renewal Area, Unit Nos. and designated as Parcel Nos. 119 and 120.
I move for the adoption, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
Madam President, I offer one resolution co-sponsored by colleague Councilman Jones.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution calling on private and public enterprises who employee screen, stage, television, radio, sound recording and new media employees should endeavor wherever possible to meet with and enter into agreements with Actors Equity, American Federation of Television and Radio Artists, Screen Actors Guild and other unions and organizations that represent artists in Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I have five bills, one of which is co-sponsored by my colleague Councilwoman Brown, and two resolutions, one of which is co-sponsored by my colleague Councilman Kenney.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adding a new Section 14-1642, entitled "I-95 Condemnation Corridor."
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on portions of various City Plans within the vicinity of Delaware Expressway from the Vine Street Expressway to the Philadelphia-Bucks County Line.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Brandywine Realty Trust, 555 East Lancaster Avenue, 100, Radnor, Pennsylvania, 19087, to legalize various existing sidewalk encroachments located on the east footway of Juniper Street between Sansom Street and Drury Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Ridge Avenue from Vine Street to the intersection of Eighth Street and Race Street.
This bill will also be referred to the appropriate committee.
And an ordinance authorizing the Streets Commissioner, on behalf of the City, to enter into an agreement with the Commonwealth of Pennsylvania for the grant to the City of a right-of-way for sewer and drainage purposes extending through a portion of property located at the northwest corner of Thirteenth Street and Arch Street.
The bill will be referred to the appropriate committee.
And a resolution honoring and recognizing Luca Sena, The Penn's View Hotel and Panorama Restaurant on the occasion of their 20th Anniversary.
The Chair recognizes Councilman DiCicco for a motion. COUNCILMAN DiCICCO: Thank you, 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 say aye. (Aye.)
And a resolution honoring and recognizing Pamela Notaro, Laurie Mellon and Digitas Health Group for their service and commitment to the faculty, students and community of the Francis Scott Key School.
Again, the Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, 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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have three bills, one resolution.
The Chief Clerk will please read the title of the first resolution.
An ordinance approving the thirty-eighth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area, being the area beginning at the northwest corner of Front Street and Spring Garden Street, including the thirtieth amendment to the Urban Renewal Plan and the twenty-seventh amendment to the relocation plan.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 2 of an Ordinance (Bill No. 080434) approved July 2, 2008, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271."
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Pennsylvania Academy of the Fine Arts, located at 128 North Broad Street, to construct, own and maintain various encroachments in the right-of-way.
This bill will be referred to the appropriate committee.
And a resolution recognizing the X-Offenders for Community Empowerment for their positive community activism, services for the ex-offender community and their efforts in reducing gun violence in the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilman Kenney for a report from the Committee on Rules.
Thank you, Madam Chair. The Committee on Rules reports three bills with favorable recommendations.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 100498, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending 14-1600, entitled 'Miscellaneous,' by adding a new Section establishing the Roxborough Environmental Control District"; and Bill No. 100538, entitled "An ordinance amending Section 9-605 of The Philadelphia Code, entitled 'Towing,' by providing that a vehicle may be relocated from the premises of a hospital without first being ticketed"; and Bill No. 100554, entitled "An ordinance to amend the Institutional Development District master Plan of the Aria Health System-Torresdale Campus (formerly Frankford Hospital), located at 10800 Knights Road, by allowing for the construction of a new building addition for use as a parking garage," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Madam President. I move the rules of Council be suspended so as to permit first reading this day of Bill Nos. 100498, 100538 and 100554.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All those in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Chair now recognizes Councilwoman Tasco for a report on Finance.
The Committee on Finance reports four bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Finance, to which was referred Bill No. 100548, entitled "An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled 'City Funds - Deposits, Investments, Disbursements,' by revising the list of City depositories because of non-compliance with certain provisions of that Chapter"; and Bill No. 100549, entitled "An ordinance amending Section 19-201 of The Philadelphia Code, entitled 'City Depositories,' by amending the process City payroll depositories"; and Bill No. 100612, entitled "An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled 'City Funds Deposits, Investments, Disbursements,' by amending Section 19-201, entitled 'City Depositories,' by authorizing the City Treasurer to deposit funds in Wells Fargo Bank, National Association"; and Bill No. 100654, entitled "An ordinance authorizing the issuance of one or more series of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of the City of Philadelphia," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, that the rules of Council be suspended so as to permit first reading this day of the bills just reported from the committee, with the exception of Bill No. 100654. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee, with the exception of Bill No. 100654. All those in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 100654 will be placed on our First Reading Calendar for our next session of Council. Councilman DiCicco for a report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports six bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Streets and Services, to which was referred Bill No. 100545, entitled "An ordinance authorizing Francisco Hernandez to construct, own and maintain an enclosed set of stairs attached to 657 East Allegheny Avenue, Philadelphia, Pennsylvania, that will encroach upon the sidewalk of 'F' Street"; and Bill No. 100546, entitled "An ordinance repealing Bill No. 090741, entitled 'An ordinance authorizing the revision of lines and grades on a portion 296'"; and Bill No. 100551, entitled "An ordinance authorizing the Veteran Boxers Association to construct, own and maintain a pedestal with a sculpture of Joey Giardello on the traffic median created by the intersection of Passyunk Avenue, Mifflin Street and Thirteenth Street"; and Bill No. 100636, entitled "An ordinance authorizing Thomas and Arlene Leschak, owners of Epicure Cafe, to construct, own and maintain an open-air sidewalk cafe at 3479 Bowman Street"; and Bill No. 100652, entitled "An ordinance authorizing the Federal Reserve Bank of Philadelphia, located at Ten Independence Mall West, to construct, own and maintain various encroachments in the right-of-way adjacent to the Federal Reserve Bank building"; and Bill No. 100653, entitled "An ordinance authorizing Ashwin Patel, owner and operator of the newsstand located on Chestnut Street and Tenth Street, to construct, use and maintain conduits in, under and across the southwest corner of Chestnut Street and Tenth Street for the purpose of supplying electrical service and telephone service to the newsstand, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of the bills that have just been read into the record, with the exception of Bill No. 100546. (Duly seconded.)
It properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee, with the exception of Bill 100546. All those in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 100546 will be placed on the First Reading and Final Passage Calendar for our first reading at our next session of Council. The Chair now recognizes Councilman Goode for a report on the Committee on Commerce and Economic Development.
Thank you, Madam President. The Committee on reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Commerce and Economic Development, to which was referred Bill No. 100547, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates and credits for the business privilege tax, by amending the provisions providing a credit for contributions to community development corporations to add certain non-profit intermediaries as eligible recipients of contributions, under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Madam President. I move the rules of Council be suspended so as to permit first reading this day of Bill No. 100547. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bill just reported from committee. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The next order of business is consideration of the Calendar. I note that the bills just reported from 10/21/10 - STATED - 2ND READING committee with a suspension of the rules have been deemed to have had a first reading. These bills will be placed on our Second Reading and Final Passage Calendar for our next session of Council. Are there any other bills that the Chief clerk should be reading at this point?
Since there are no additional bills on the First Reading Calendar, the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Bill 100488, 100539 and 100537 are being called up for Second Reading and Final Passage Calendar today. All other bills are being held.
Thank you. 10/21/10 - STATED - 2ND READING The Chief Clerk will please read the title of Bill No. 100488.
An ordinance authorizing transfers in appropriations for Fiscal Year 2011 within the General Fund from the Clerk of Quarter Sessions to the First Judicial District of Pennsylvania.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilwoman Reynolds Brown. 10/21/10 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100539.
An ordinance amending Section 9-3300 of The Philadelphia Code, entitled "Erection, Use and Inspection of Tower Cranes," by revising the certification requirements for the operation, signaling and rigging 10/21/10 - STATED - 2ND READING of tower cranes.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100537.
An ordinance amending Chapter 10-400 of The Philadelphia Code, entitled "Noise and Excessive Vibration," by providing for certain exceptions, including, but not limited to, sounds created by school bells, church bells, and similar devices.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. 10/21/10 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of all members having affirmative, the bill passes. That concludes our Calendar for today. Are there speeches on the part of the minority? The Chair recognizes Councilman O'Neill.
Thank you, Madam President. Council leadership wants to make clear to the public Council's position and process on the DROP program. We have been deliberate, gathering data and information, and we have reviewed the Solicitor's opinion. We have engaged national experts who design and study pension plans, including DROP programs, to provide this Council for the first time with an actuarial review of Philadelphia's DROP program and a review of the Administration's Boston College report. Upon receipt of the actuarial analysis, we will schedule a public be a time for us to gather information and testimony from stakeholders. They have entrusted us to make informed decisions, and we have a fiduciary responsibility to conduct our due diligence to ensure that we make a sound decision, respecting the rights and opinions of all. As evidenced by the resolution we passed this morning, acting in haste and without all the necessary information to make a sound decision can result in unintended consequences. Depending on the testimony we receive at the hearing, we may require additional sessions to determine the impact and ramification of our options. At the conclusion of the hearing process, we will deliberate on the Mayor's proposal. Council basically has three options at that point: One, eliminate the DROP program; two, continue the is; three, modify and amend the program. We will let everyone know when the hearing is scheduled. Now, Council President, speaking personally, this is a request, as far as I'm concerned, by the Mayor to review the DROP program. I believe it is clearly the Mayor's opinion we should end it, but what the full effect of it is and what actually will happen and is happening is, we're looking at the program, its costs, its benefits and any changes that may be made or whether it should be eliminated. But I want to make it clear that this is the first time Council has been asked to do any kind of review of the DROP program. It's a ten-year review basically. In 2003, I'm told Mayor Street sent over requests to the Pension Board to end the program. The Pension Board voted not to. There were no discussions among Council and the Mayor or the Pension Board and Council that time or what the issues were, pro, con, for or against the Mayor's request or the Pension Board's ultimate rejection of that request. One thing, though, is clear. DROP is costing money. We all agreed up front that it shouldn't cost money. The question is, is it correctable. We'll find all that out. But DROP is a drop in the bucket when it comes to our pension fund, and it's the pension fund's problems are getting lost in this drop-in-the-bucket issue, legitimate as it is. We in Philadelphia for the last at least 50 years, talking to people who have been around during those different administrations, one thing has been a common thread from administration to administration and it's -- I'm sure it's been habit-forming -- is that our pension fund is underfunded by each administration. the Mayor to join Council and for Council for the first time to take a more active role, because when these budgets come over, the Mayor makes the decision as to what amount will be funded in the pension contribution that year. Council has never been involved in that. That's been the Mayor's prerogative. We can't let it become the Mayor's prerogative anymore. We need information. Remember, the pension fund -the Pension Board communicated with us when we did a pension bill for the bonds. They communicated with us when we did the bonus for retirees, the bonus program, and they're communicating to us now, but they never communicated to us over ten years that maybe this could be adjusted or that could be adjusted or maybe this problem was starting to surface with a program like the DROP.
They never come to us and say, as other groups do, and say, The Mayor is not giving us enough from the Art Museum, we hear from non-profits, we hear from City departments, but we never hear from the Pension Board, and I think this is a point in time where we can take the Mayor's request and turn it into something more than just a review and an analysis and a decision on a very small program in terms of its impact on the pension fund. The pension fund is critical, and our fiduciary responsibility I believe requires more of us than we have been exercising. And so hopefully more will come out of this than just the review of the pension fund. As we learn more about the pension fund, we'll be able to maybe have, as a Council, have more impact on decisions that are being made that are hurting the pension fund now. Thank you.
You're welcome. the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, 10:00 a.m., October 28th, 2010. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, October 28th. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:10 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on October 21, 2010, and that this is a true and correct transcript of same. MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)