Stated Meeting, December 15, 2005

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 15, 2005 10:05 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY 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 JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN 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 215.561.2220 215.567.2670

Good morning, everyone. I note that the hour has come to convene today's Council session. I would like to announce that an Executive Session of Council will now be held in the Caucus Room for the purpose of deliberating on applications for take-out beer permits under Act 39. Council will reconvene immediately after the conclusion of that Executive Session, and I assure you it will not take any longer than five minutes. Thank you. (Short recess.)

May I have everyone's attention, please. I note that a quorum of this Council is present. Council will please come to order. This Council session shall now reconvene, and members will take their seats, visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Charles Hudson of St. Paul's Baptist Church. He is here today as the guest of Councilman Clarke. At this time, I would ask all members and guests to please rise. (Everyone rises.)

Let us pray. Oh, Infinite Artist of Heaven and Earth, the one who finds chaos and creates harmony, you who find tears and create joy, you discover sin and create holiness. Please, oh, Lord, forgive us of our foolish ways. No doubt you have spoken to us. Your word has instructed us. Your music has inspired us. Your love has comforted us. Help us now, we pray, on this day not to forget. In a city of plenty, as gatekeepers, we sometimes allow impoverished senior citizens, along with the poor, to eat crumbs from the table of those who have plenty, expecting it to nourish their feeble bodies. Forgive, we pray, our high blood count of greed and anemia of deed. In a land that proclaims justice for all, funds flow easily and freely for military, but are frozen to preserve the ice of compassionless injustice, which freezes the building of low-cost housing for the poor and the revitalization of the inner city from an asphalt jungle to a healthy and happy city. Oh, Infinite Artist of Creation, divest us of our ugliness and our hate for one another on opposite aisles of ideas, adorn us with beauty drained from our circulatory system of our emotion, the venom of hate. Establish thou the work of this Council for the good people of this City of Philadelphia. May the pregnant possibilities of this hour and the high purpose of this gathering become rich colors on the campus of time for your illustrious portrait of a beautiful city in a wonderful world. Burn deep desires in our hearts to serve the people of this great city with integrity and compassion. And when our mission on earth is complete, oh, Divine Broker of Life, we may possess a fee simple title for an estate in the invisible city where the wicked will cease from troubling and the weary will be at rest. We pray this prayer in the matchless mighty name of the one who has created life here and in heaven. Amen.

Amen. The Chair thanks Reverend Hudson 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, December 8, 2005, and the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Journal of the meeting of Thursday, December 8, 2005 stand approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of Thursday, December 8, 2005 stand approved. All in favor will please indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the Journal of the meeting of Thursday, December 8, 2005 is approved. The next order of business is requests for leave of absence, and the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. On behalf of the Majority, there are no requests for leaves 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 absence.

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize many of our guests and visitors joining us today. On behalf of all members of Council, I welcome you to our Council session, and I am also asking that you respect this body and I am not going to tolerate anybody disrupting this session. We certainly appreciate your taking the time to join us as we attend to the legislative affairs of our City. to come again. At this time, the Chair recognizes Councilwoman Blackwell, who will present a resolution honoring the Gospel Stirrers on their 50th anniversary. It is my understanding that Councilwoman Tasco and Councilwoman Brown will be joining Councilwoman Blackwell with a presentation, and at this time, I would ask Mr. Earl Tauban, Sr. and those accompanying him to please join the Councilwomen at the podium.

Thank you, Madam President. Resolution recognizing the 50th anniversary of the Gospel Stirrers and congratulating its members for their legendary gospel music. And let me note that the daughter of one of the members is Angela Dowd Burton, who was our Commissioner under the Goode Administration, who is also with them today. Whereas, the Gospel Stirrers 1955 by five talented young men who were committed to using their voices to spread the spirit of the gospel in song; and Whereas, the Gospel Stirrers have stirred the souls and touched the hearts of church-goers for generations; and Whereas, their peers, Solomon Burke, Johnny Taylor, Sam Cooke and others, switched to rock and roll for success, the Gospel Stirrers remain steadfast in their dedication to bringing spiritual joy and hope to listeners across the region; and

Whereas, the Gospel Stirrers have transformed themselves over the past 50 years by adding new members, for they have maintained their energy and enthusiasm for sharing both traditional and modern melodies; and Whereas, most recently, the Gospel Stirrers launched a new CD that 29 on the music charts; and Whereas, the original members, including Moses Dowd, William Bryant, Robert Bryant and Raymond Bryant, are in their 60's and 70's, they have not lost their flare for harmony with the next generation, as the youngest member of the Gospel Stirrers is a 12-year-old drummer; and Whereas, the newest members of the group include Joshua Thornton, Arnold McIntosh, Earl Tauban and Al Johnson; and

Whereas, their commitment to sharing the blessings of their musical talent to uplift, entertain and inspire fans remain strong and should be commended. Now, therefore, resolved by the Council of the City of Philadelphia, that we hereby recognize the 50th anniversary of the Gospel Stirrers and congratulate its members for their legendary gospel music that has brought pleasure to local church-goers and to radio listeners for 50 years. Further resolved, that an engrossed copy of this resolution be presented to the Gospel Stirrers as evidence of the sincere respect and deep appreciation of this legislative body. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 8th day of December 2005, signed by President Anna Verna, introduced by Councilwoman Jannie L. Blackwell and sponsored by all members of City Council. We congratulate you for 50 years of wonderful service and beautiful music. (Applause.)

The Chair recognizes Mr. Tauban for remarks.

Good morning, everyone. To Madam President Verna, Councilwoman Blackwell and most honored members of the City Council, on behalf of Stirrers, I would like to thank you for bestowing such an honor on us. It has been our pleasure to share the blessings of God or rather that God has given us over the past 50 years. It is with the grace of God that we will continue to sing his praises. And at this time, I'd like to present Councilwoman Blackwell with one of our CDs.

Thank you.

And Madam President Verna, with one of our CDs.

Thank you so much. Thank you.

And at this time, we'd like to present you with a song from our CD, and at this time, we want to say thank you. (Applause.) (CD played.)

Council will be at ease. (Council at ease.)

The Chair now recognizes Councilman Rizzo, who will present a resolution recognizing S. Nicholas Lezzi on his retirement from PECO Energy.

Thank you.

You're welcome. Will Mr. Lezzi and those accompanying him please join the Councilman at the podium. The Chair recognizes Councilman Rizzo.

Good morning. Before I read the citation, we all know the name Ed McBride, but on occasion when Ed had four balls in the air and someone needed some help, one of the members of Council, on occasion there was a gentleman that was not well known to all of us but got calls in the middle of the night, got calls on the weekend, our constituents, and it's this guy right here, Nick Lezzi, that I worked with at PECO many, many years ago. When he started in the early '70s, I met him. Similarly, I'll introduce you to Denis O'Brien, who is the President of PECO Energy. But Nick was always there. Even though he was the Chief of Staff to the President of PECO, we could call him to help someone that had an issue with electric energy here in the City of Philadelphia. So I'll read this citation, and it's nice that Denis, again, is here and Nick's entire family. Recognizing, honoring Nick Lezzi on the occasion of his retirement as Chief of Staff to the President of PECO, faithfully and excellently serving the people of Philadelphia for over three decades. Whereas, PECO is Pennsylvania's largest utility operating and maintaining a network of 550 power stations, 21,000 transmission lines, 27 gas gate stations and 6,000 miles of underground gas mains; and Whereas, PECO serves approximately 1.5 million electric customers in the City of Philadelphia as well as Bucks, Delaware, Montgomery and York Counties and 460,000 natural gas customers in the areas outside of the City of Philadelphia. Whereas, Nick, as the Chief of Staff to the President of PECO, an Exelon Company, has been a major force in the provision of excellent service for the people of Philadelphia and the surrounding areas. Whereas, Nick began his career in 1972 as a field engineer and has advanced through various supervisory and management positions during his PECO career. Whereas, in 1989, Nick Lezzi was appointed Director of Compensation, and in 1991, Nick was appointed Director and Plant Operations. Whereas, in 1998, Nick was appointed Chief of Staff to the President of PECO and has served under President Ken Lawrence and Denis O'Brien, which I mentioned is here with us today and will have a few words to say about Nick, and shares responsibility for the oversight of programs and initiatives related to electric, gas distribution and customer service for the company's 2 million customers in Southeastern Pennsylvania. Whereas, Nick provides excellent service on numerous professional and civic boards, including The Mann Center for the Performing Arts, Philadelphia One-to-One Mentoring Program, very important, the PECO PAC, and is a consultant to the Philadelphia Film Office and the Workforce Investment Board and a member of the American Gas Association Management Committee. Resolved, by the Council of the Philadelphia, the City Council hereby recognizes and celebrates Nick Lezzi on the occasion of his retirement as Chief of Staff to the President of PECO, faithfully and excellently serving the people of Philadelphia for over three decades. Further resolved, that an engrossed copy of this be presented to Nick as further evidence of the sincere admiration and gratitude of this legislative body. And, Nick, this is a resolution that is supported by every member, all of my colleagues here in the City of Philadelphia. And, again, I want to repeat that there were days when you actually got in there and helped a lot of people in this Chamber. It's rare that the Chief of Staff we call and ask him, Can you hurry up and get somebody put back on that paid their bill, but you did that for us many, many times. I think maybe the best way to give Denis just an opportunity before we let you have a word, have an opportunity to say a word. Okay?

Thank you, Councilman Rizzo, Council President Verna, members of Council. Thank you for taking the time out to honor Nick Lezzi, my Chief of Staff. Nick has worked for 34 years for PECO Energy. Nick hired me 23 years ago at PECO, and other than that act, the rest of his career has been flawless and distinguished. He has been dedicated to serving PECO Energy, this region and Philadelphia, and worked tirelessly to make sure that this City is successful and that we meet all of your needs. So thank you for taking the time to honor him today. Thank you. (Applause.)

The for remarks.

Thank you, Council. Council, thank you. President Verna, thank you.

You're welcome.

My friend, Frank Rizzo, I have known him a lot of years. Thank you. It's been an honor serving and helping all of you. We've done a lot of great things, and sometimes we've made some mistakes, but I've been able to help all of you. I appreciate that. Thank you for this honor, and I look forward to continuing to serve you in a different capacity in the future. Thank you very much. (Applause.)

Council will be at ease. (Council at ease.)

The Chair now recognizes Councilwoman Miller, students of the Grover Cleveland Elementary School. Will the students and their principal, Ms. Karen Richardson, and those accompanying them please join the Councilwoman at the podium. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. Good morning. It is my pleasure to have these young people here.

Councilwoman, just a moment, please. The noise level is much, much too high. Anyone having conversations please do so in the corridor. Thank you. Councilwoman, proceed.

Thank you. It's my pleasure to have these young winners here from an elementary school in my district. Citation, Blueprint Communities Participants, December 15, 2005. The Council of the City of Philadelphia is pleased and proud to join the Grover Cleveland Elementary School in the Tioga neighborhood honoring Cashmere Young, Darrin Mitchell, Shaquillie Singletary, Taryn Lee and Koran Oliver, all participants in the Blueprint Communities Essay Contest sponsored by the Federal Home Loan Bank of Pittsburgh. Whereas, the Tioga neighborhood is one of 22 Pennsylvania communities chosen by the Federal Home Loan Bank of Pittsburgh to receive comprehensive training, technical assistance and funding opportunities for hometown renovation. As part of the local introduction of Blueprint Communities, students from Grover Cleveland Elementary School in grades six to eight were invited to take part in an essay contest that asked this question: "A blueprint plan is a plan for the best way to build - a car, a house, a career, a future. What would be your blueprint making your community a better place to live?"; and Whereas, 17 Blueprint Communities submitted entries which were evaluated by a panel from the University of Pittsburgh. A total of 245 essays were submitted, and of all the entries submitted, Cashmere Young, student of Grover Cleveland Elementary School in Tioga, was judged the best; and Whereas, Mr. John Bendel, Director of Community Investment at the Federal Home Loan Bank of Pittsburgh, is quoted as saying, "We're delighted at the tremendous participation by local students in our just-completed essay contest. Our hope is that programs like this will continue to build momentum for the Blueprint Communities, involving young people and their families in support of the initiative and providing a strong foundation for implementation of practical, achievable revitalization efforts by local leaders." Therefore, by virtue of this citation, the Council of the City of Philadelphia is pleased and proud to join Grover Cleveland Elementary School in honoring Cashmere Young in the Blueprint Communities Essay Contest sponsored by the Federal Home Loan Bank of Pittsburgh. We not only honor Cashmere, but we honor all those students that participated, because it demonstrates their commitment and dedication to the community, and I'd just like to personally say congratulations on a job well done. (Applause.)

We have these citations that we actually want to present to all the students. This is Cashmere Young. (Applause.)

We also want to present them with a certificate (Applause.)

Darrin Mitchell. (Applause.)

Koran Oliver. (Applause.)

And Shaquillie Singletary. (Applause.)

Thank you. The Chair now recognizes Ms. Richardson for remarks.

And I do want to also recognize and commend members of the Tioga United Community. This is a community-based organization that has grown so much over the years, and I am very, very proud of them. And these are the folks that are actually leading the efforts and helping to Tioga community on the move, and it's really growing, growing, growing. (Applause.)

Ms. Richardson.

Good morning, Madam President, members of the City Council, family and friends. It gives me a great honor to be before you today, and I can't believe you allowed me the microphone, because anyone that knows me knows I always have a shopping list that's very long. However, I would like to just wish that -- I had brought a large list along with me to help us to continue our efforts striving for educational excellence in the Cleveland community. As the principal of the Cleveland School over the past two and a half years, I have watched our Cleveland students develop to become active participants in our community. And if building itself, you've seen how the children have become -- they've become gardeners. They've learned how to make sure there isn't any graffiti, there isn't any trash. So they are really invested in our community. And I do want to acknowledge Ms. Carter and the Tioga Community Center for even recognizing Cleveland School and helping and being supportive. Our students, though, would like to continue the rich Cleveland heritage. However, they need your support, you, the members of the City Council, as well as the Cleveland community. Our students would like to see a community that helps to develop and enrich their lives. They'd like to see more trees planted in the community such as those that Philadelphia Green has done over the past two years. They would like to see more trash cans. They want instead of putting the trash on the ground, place it in the receptacle. They want to see crossing guards on the corner so that they can cross safely to get to school to get an education that will help them to pursue a bright future. They would also like to see blinking lights in every school in the City of Philadelphia, not just selected schools or going through the whole transitional process, but to see that all of our children reach school safely, have the speed bumps in the areas in front of the school where the children are coming in, because sometimes people are not so kind rushing through. They would also like to see a little bit more support in terms of the educational process in the schools and, in particular, making sure that each building that every child comes into has all of the facilities and the warmth and the supplies, furniture that they need to do thank you. These are some of the things and the concerns that our children have brought before me. They did give me a little list before I got up here, but I do want to thank you for your time and your efforts, and I hope you will continue to support us as we move forward helping our children to maintain the rich heritage that has become a vibrant part of the Cleveland community. Thank you very much. (Applause.)

Again, congratulations. Council will be at ease.

I just have one last thing to say. I would like to acknowledge Ms. Virginia Brady, who is our sixth grade teacher. She's one of the reasons why we made our adequate yearly progress last year, and she was very instrumental in allowing our in the Blueprint of the community. So I would love to acknowledge her and give her a big round of applause. (Applause.) (Council at ease.)

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 today, December the 15, 2005, I signed all of the bills that were passed by Council at its session on December 1, 2005, except Bill No. 050831, and, Madam President, I am returning unsigned Bill No. 050831. And I am pleased to advise that today I signed the following bill that session on December 8, 2005, Bill No. 051093, and I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority for the redevelopment and urban renewal of a portion of the American Street Industrial Corridor Urban Renewal Area; and An ordinance authorizing Antoinette McCoy, doing business as Cuisine of Soul, to operate and maintain an open air sidewalk cafe located at 4835 Frankford Avenue; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 298; and An ordinance authorizing and paving the extension of Almatt Place, under certain terms and conditions; and An ordinance approving the second amendment of the redevelopment Parkside Urban Renewal Area; and An ordinance amending Section 4.09 of the Restated General Water and Wastewater Revenue Bond Ordinance of 1989; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 266 by striking from the City Plan and vacating Jefferson Street and Heston Street; and An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designation of certain areas of land located within an area bounded by Parkside Avenue, 50th Street, 52nd Street, Columbia Avenue and 51st Street; and An ordinance authorizing the Philadelphia Authority for Industrial Development, notwithstanding any contrary requirements of the Philadelphia Industrial and Commercial Development, for a consideration of $400,000 to the Institution.

Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.

That's all I have, Madam President.

Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion, please.

Thank you, Madam President. I move that the rules of Council be suspended so as to permit this day the immediate consideration of resolutions at their time of introduction. (Duly seconded.)

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 will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I offer one bill and two resolutions.

Thank you. The Chief Clerk will please read the title of the bill.

An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a resolution approved by Council proposing an amendment of the Philadelphia Home Rule Charter relating to the powers and duties of the City Solicitor to enforce and defend duly enacted ordinances, and authorizing the appropriate officers to publish notice and to make arrangements for the special election.

Thank you. The bill will be referred to the appropriate committee.

And a resolution proposing an amendment to the Philadelphia Home Rule Charter relating to the powers and duties of the City Solicitor to enforce and defend duly enacted ordinances, and providing for the submission of the amendment to the electors of Philadelphia.

This resolution will be referred to the appropriate committee.

And a resolution honoring Monsignor James F. Connolly on the golden jubilee of his ordination to the priesthood and his 75th birthday.

The Chair recognizes Councilman Kenney.

On your behalf, 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 please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today I introduce three resolutions, two of which are on your behalf.

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 deeds located in the 6th and 44th Wards of the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Just a moment. Pat? (Pause.)

It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted.

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 36th and 40th Wards of the City of Philadelphia.

The Chair again recognizes Councilwoman Blackwell.

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 signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted.

And a resolution calling for the Committee on Education to conduct hearings on the incidence of violence in Philadelphia schools and explore ways in which violence in schools can be reduced.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, the resolution is adopted and will be referred to the Committee on Public Education.

Thank you.

You're welcome. The Chair recognizes Councilwoman Krajewski.

Madam President, I have no bills or resolutions.

The Chair thanks the Councilwoman. The Chair recognizes Councilman Mariano.

Madam President, I have no bills or resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Tasco.

Madam President, I offer two resolutions.

Thank you. The Chief Clerk will please read the title of the first resolution.

A resolution urging the Pennsylvania General Assembly to pass Senate Bill 101, which will outlaw pay-day lending in Pennsylvania and protect our Commonwealth's low-income citizens.

The Chair recognizes Councilwoman Tasco.

I move that the resolution be adopted, but I wanted to speak on it. (Duly seconded.)

The Chair recognizes Councilwoman Tasco.

I just want to say that we are very pleased that Senator Fumo has introduced this legislation in Harrisburg to outlaw pay-day lending in the State of Pennsylvania. There has been some effort to try and legalize the pay-day lending, but at a very high rate of interest for individuals who borrow. And I think we have a unique opportunity to follow the State of North Carolina, which has outlawed pay-day lending, as well as predatory lending, but still maintains -is the second state in the country that has the highest number of banking centers in that state. So in order to protect the people that we represent in this state, we want the House and the Senate to pass Senator Fumo's bill. It is the right thing to do and it protects the citizens of the State of Pennsylvania, and I thank him very much, and I thank the Council for supporting this resolution.

Very good. Thank you, Councilwoman. It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted.

And a resolution urging the Pennsylvania General Assembly to pass Senate Bill 1005, which will assist low- and moderate-income citizens to re-establish gas service with public utilities.

Again, the Chair recognizes Councilwoman Tasco.

I move for the adoption of the resolution, and I'd like to speak on it. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller, if she's in the room. We'll have to go back to her. The Chair recognizes Councilman Nutter.

Thank you, Madam President. I offer one resolution.

Thank you. The Chief Clerk will please read the title of the resolution.

A resolution honoring and recognizing the achievement of Benjamin Franklin on the occasion of the 300th anniversary of his birth, and commending the contributions of Benjamin Franklin Tercentenary in celebrating this momentous event.

The Chair recognizes Councilwoman (sic) Nutter.

All right. Well, that's interesting. I move the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.

No bills or resolutions, Madam President.

Thank you. The Chair recognizes Councilman Goode.

Thank you, Madam President. I have no bills or resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.

Thank you, Madam President. I have no bills or resolutions today.

The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I offer three bills and one resolution.

Thank you. The Chief Clerk will please read the title of the first bill.

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Butler Street, Sepviva Street, Wheatsheaf Lane and Aramingo Avenue.

The bill will be referred to the appropriate committee.

And an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers Markets," by adding a permissible location on the sidewalk bounded by Tasker Street, Passyunk Avenue and 11th Street, all under certain terms and conditions.

This bill will be referred to the appropriate committee.

And an ordinance amending Section 14-1610 of The Philadelphia Code, entitled "Old City Residential Area Special District Controls," extending the boundaries of the district to include the area generally bounded by Spring Garden Street, 7th Street, Wood Street and Christopher Columbus Boulevard.

The bill will be referred to the appropriate committee.

And a resolution honoring Pennsylvania Hospital co-founded in 1751 by Benjamin Franklin on the occasion of his 300th celebration of his birth.

The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.

Madam President, I offer two bills and two resolutions.

Thank you. The Chief Clerk will please read the title of the first bill.

An ordinance authorizing the paving of the extension of Almatt Place, under certain terms and conditions.

The bill will be referred to the appropriate committee.

And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 298 by extending Almatt Place approximately 105 feet, placing this extension of Almatt Place and a new cul-de-sac at the resultant dead-end.

This bill will be referred to the appropriate committee.

And a resolution supporting the development and purchase of the flexible-fuel plug-in hybrid vehicles.

The Chair recognizes Councilman O'Neill.

I move the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted.

And a resolution recognizing Police Officer Rudy Muller for his courage and heroism.

The Chair recognizes Councilman O'Neill.

I move the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Clarke.

I have one resolution, Madam President.

The Chief Clerk will please read the title of the resolution.

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 15th, 16th, 29th and 32nd Wards of the City of Philadelphia.

The Chair recognizes Councilman Clarke.

I move for the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.

Madam President, I have no bills or resolutions today.

Thank you. The Chair recognizes Councilman Rizzo.

Madam President, no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. Today I have no bills or resolutions, and I'd also like to be recorded as voting aye on those resolutions that was heard in my absence from Chambers.

I'm so sorry. I was distracted and I didn't hear you.

Today I have no bills or resolutions, and I'd also like to be recorded as voting aye on those resolutions that were heard while I was absent from Chambers.

The record will so indicate that, and at this time, the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I would like to withdraw a resolution I introduced that I thought was yours. It's mine, dealing with the 6th and the 44th Wards in the Third District.

I think that the Chief Clerk indicated that. Because when you said they were all mine -

Then I didn't want to stop it, not having read it.

I know. That's why I called the Chief Clerk's attention to it.

Thank you.

So I don't see any problem with it.

Thank you.

Thank you. The next order of business is reports -- Councilwoman Blackwell, please approach.

Thank you. (Pause.)

The Chair again recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the resolution introduced dealing with resolutions from the 6th and 44th Wards be withdrawn. (Duly seconded.)

It has been moved and seconded. say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the motion carries. Thank you very much. The next order of business is reports from committees, and the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.

Thank you, Madam President. The Committee of the Whole reports out one bill with a favorable recommendation.

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 of the Whole, Bill No. 051102, entitled "An ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled 'School Tax Authorization,' by adding a new Section 19-1801.1 providing for a cap on tax increases, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Thank you. Bill No. 051102 will be placed on our First Reading Calendar for our next session of Council. The Chair now recognizes Councilman Clarke. Councilman Clarke, I'm asking for a report from the Committee on Public Property and Public Works.

Thank you, Madam President. Madam President, the Committee on Public Property and Public Works reports one bill with a favorable recommendation.

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 Public Property and Public Works, to which was referred Bill No. 051096, entitled "An ordinance authorizing the extension of and modifications to the trial program authorized by Bill No. 040558 under which advance approval is given to the Philadelphia Facilities Management Corporation," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Thank you. Again, the Chair recognizes Councilman Clarke.

Madam President, I move that the rules of Council be suspended so as to permit 12/15/05 - STATED - 1ST READING first reading this day of Bill No. 051096. (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 Bill No. 051096. All in favor will please say aye. (Aye.)

Those opposed? (No response.)

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 the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.

Bill No. 051028, an ordinance amending Title 14 of The 12/15/05 - STATED - 1ST READING Philadelphia Code, entitled "Zoning and Planning," by adopting a new Chapter 14-1400, entitled "Commercial Entertainment District," under certain terms and conditions.

The Chair agrees.

And Bill No. 040470, an ordinance amending Chapter 19-2500 of The Philadelphia Code, entitled "Real Estate and Non-Utilization Tax," by clarifying and amending the tax on abandoned property and vacant lots.

The Chair agrees.

And Bill No. 050303, an ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," by providing for an Economic Opportunity Plan as a condition for the grant of certain tax abatements, under certain terms and conditions.

The 12/15/05 - STATED - 2ND READING Chair agrees.

And Bill No. 051096, an ordinance authorizing the extension of and modifications to the trial program authorized by Bill No. 040558 under which advance approval is given to the Philadelphia Facilities Management Corporation.

The Chair agrees. That completes the First Reading Calendar for today. The Chair now recognizes Councilwoman Blackwell for the purpose of calling the bills on the Second Reading and Final Passage Calendar to be called for consideration.

Thank you, Madam President. Today the bills on and 2 are being held. Bill No. 050669-A is to be amended. Bill No. 050 -

202-A

-202-A is being called up for second 12/15/05 - STATED - 2ND READING reading and final passage, as is Bill No. 050862-A. The other bills on are being held, as are those on Pages 4, 5, 6. On , Bill No. 050797 is being called up for second reading and final passage. Bill No. 050863 is to be amended today. Bill No. 050864 is being called up for second reading and final passage, as is Bill No. 050953. On and , all bills are being called up for second reading and final passage. They are Bill Nos. 050954, 051023, 051022, 051026, 050094, 051136, 051137. On , the following bills are being called up for second reading and final passage: They are Bills 051138, 050749, 051025. And, lastly but not least, on , Bill Nos. 051027 and 050865 are being called up for second reading and final passage. Sorry for the delay.

Thank 12/15/05 - STATED - 2ND READING you.

Madam President, I stand corrected. On , Bill No. 050797 is to be amended.

Thank you. I would ask the Chief Clerk to please read the title of Bill No. 050669-A.

An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates; all under certain terms and conditions.

Councilman Nutter, it is my understanding you have an amendment to offer on this bill.

Yes, I do, Madam President. Is that the first bill up?

Yes, 12/15/05 - STATED - 2ND READING it is. 050669-A.

Madam President, having nothing to do with the matter at hand, could I ask you to, for the moment, move to the next bill and I'll come right back with that one?

I'd be happy to.

Thank you.

I would ask the Clerk then to please read the title of Bill No. 050202-A.

An ordinance amending Section 17-109 by amending the terms and conditions under which a Business Entity may be certified or continue to be certified as a Local Business Entity entitled to a bidding preference on City contracts.

This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the 12/15/05 - STATED - 2ND READING roll.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilman Mariano.

Aye.

Councilwoman 12/15/05 - STATED - 2ND READING Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ramos.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. 12/15/05 - STATED - 2ND READING The Chief Clerk will please read the title of Bill No. 050862-A.

An ordinance amending Title 9 by adding provisions regulating the operation of tour buses and amphibious tour vehicles, all under certain terms and conditions.

This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye. 12/15/05 - STATED - 2ND READING

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter.

Aye.

Councilman O'Neill.

Aye.

Councilman Ramos.

Aye.

Councilwoman Reynolds Brown. 12/15/05 - STATED - 2ND READING

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050669-A. I believe the bill was read, but I would suggest that the Chief Clerk read the bill again.

An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates; all under certain terms and conditions.

The 12/15/05 - STATED - 2ND READING Chair recognizes Councilman Nutter.

Thank you, Madam President. Madam President, I wish to offer an amendment to Bill 050669-A, and I also wish to speak briefly on the proposed amendment.

And the amendment has been circulated to all Councilmembers?

Yes, Madam President.

Thank you. The Chair recognizes Councilman Nutter.

Thank you, Madam President. This proposed amendment is one effort toward trying to address many of the issues that Councilmembers and other very interested parties have raised with regard to this particular bill generally known as the business privilege tax bill, and in an effort to reach some amount of compromise and 12/15/05 - STATED - 2ND READING recognizing the seriousness with which members are taking this particular matter, this proposed amendment would make an adjustment to the present schedule that's listed in the bill and would, in essence, reduce the rate of reduction. It would stop the rate of reduction in the net income portion of the business privilege tax in a long-term schedule in 2015, such that the rate would be 3.25 percent. Presently the rate is at 6.5 percent. And so over ten years, there would be a 50 percent reduction in that rate, and stay at that rate for the rest of the schedule that's listed in the bill through 2017. I would ask for support for this amendment in an effort to bring consensus and compromise to this particular matter as we try to send the right message to residents and businesses that we're trying desperately to change the business climate and encourage job growth here in Philadelphia. 12/15/05 - STATED - 2ND READING With that, Madam President, I would move the adoption of the amendment. (Duly seconded.)

The Chair recognizes Councilwoman Brown.

Thank you, Madam President. I want to first commend the sponsor of this bill for the continuing effort to move towards a bill that better reflects other perspectives on reducing business privilege taxes here in our City. I've done some homework and discovered that never have we reduced taxes without two major documents before us, the budget and the Five-Year Plan. In doing some homework, I've learned that never have we reduced taxes in the middle of the year. So while I strongly believe that it is quite unfair and inappropriate to reduce taxes when we do not have these documents before us, I will support the 12/15/05 - STATED - 2ND READING improved bill, the improved bill reflecting the amendment before us. In no way should my support of the improved bill be a prediction or reflection of where I'll be on this bill next week, because my bottom line premise is, it is inappropriate and unfair to be discussing taxes without looking at a level playing field of all the other major issues confronting our City, an underfunded pension fund, incredible rising utility costs, et cetera, et cetera, et cetera. Thank you, Madam President.

Thank you. At this time, the Chair recognizes Councilman Clarke.

Thank you, Madam President. I actually concur with the Councilwoman. There's no need for me to say it. I concur with her sentiments pretty much verbatim.

And I believe that, Councilwoman, maybe I 12/15/05 - STATED - 2ND READING misunderstood you, but you said you were voting in favor of the bill. I assume you're voting in favor of the amendment, and next week you're not quite certain that your vote will be in the affirmative.

I am supporting the amendment before us, yes.

I just wanted to make that clear, because Councilman Clarke -

I noticed that.

-was going to echo what your feelings were.

Thank you for the clarification, Madam President.

You're welcome. The Chair recognizes Councilman Nutter.

Thank you, Madam President. 12/15/05 - STATED - 2ND READING I appreciate the comments of both of my colleagues, and I would only, though, point out for the record that while from a cycle standpoint or a tradition standpoint there's no question that we would normally take up such a matter during the annual budget process, I would consider this particular matter a continuation both of last spring's budget process as unconcluded business, and my colleague, who has in a very important way put forward her own legislation with regard to business privilege taxes, I was heartened by some comments that she made at that time indicating that now might be the time to have some of this discussion, given that we do have the recent report from PICA, who is our financial overseer, indicating that not only do we finish the last fiscal year at $70 million ahead of estimates, but also the first quarterly report seems to indicate presently that we may be up $140 million over projections for the current FY06. 12/15/05 - STATED - 2ND READING So it is not without data and information that we could proceed under these circumstances. We have all of the same information that we would normally have in the course of a budget process. We have the latest information about the City's finances right now, and creates an incredible opportunity for us to deal with this issue by itself in a singular fashion with clarity and all of the data that we need to make for a good decision. But I do appreciate her continued interest in this matter, and her leadership is greatly appreciated. Thank you, Madam President.

Thank you. The Chair recognizes Councilman Mariano.

Thank you, Madam President. I'm going to do the best I can here with what I have left of a voice. I know Councilman Nutter is a 12/15/05 - STATED - 2ND READING hard worker and he works, works and tries to make compromises. Councilwoman Brown had a great point, but it's much more simpler to a person like me. Scanlon Rec Center's ice rink is closing, so I have to scramble at the last minute and try to get that saved, with the help of the Administration. Okay? I don't see the Chamber of Commerce stepping up helping me with that. That would be nice. I didn't ask them. That's fair. So we pulled this rabbit out of the hat and we open this ice rink for next year. Where are we going to get the money for the operating budget? Everything we do here is political. That's what we are, political animals, and it depends who you believe in. I'll vote for this thing if it makes it a better bill. And not to sound exactly like Clarke and Reynolds Brown, because I would never want to exactly sound like them. They're much more intelligent. But what I want to say is, 12/15/05 - STATED - 2ND READING we need to find out for sure. I just can't be handed a piece of paper at 9 o'clock in the morning. And it's not a shot at Councilman Nutter. If we need to work on something that gets everybody to a point to the middle without breaking somebody's back. But I can't let Scanlon Ice Skating Rink close and I can't have someone say, Well, that closes because of this or that. It's closed. We're going to open it next year, maybe even this year if we get lucky. I doubt it. But I got to know how we're going to operate and keep that open for the next 20 years, regardless if I'm here or not, that that's what has to happen. So, Councilman Nutter, kudos. I'll vote for this because you asked me to, but, again, we got a lot of work to be able to convince me to vote for this thing as amended next week. Okay? Thank you.

Thank you. 12/15/05 - STATED - 2ND READING The Chair recognizes Councilman Clarke.

Thank you, Madam President. Madam President, while I concur with Councilman Nutter indicating that there was higher-than-anticipated revenues in this quarter and prior quarters of this fiscal year, there is one thing that we do not have before us as we deliberate this issue. There have been a number of cuts that have happened over the last several years as it relates to services across the board. There are a couple of issues that are probably going to be before us, our obligation to our pension fund. I think this issue with respect to real estate taxes is probably going to be problematic for a lot of people, and I'm concerned that we not entertain what we will have to do with those issues in the context of the budget. So that's one of the concerns that I have with passing a tax bill that 12/15/05 - STATED - 2ND READING obligates us to the reduction of revenues over the next five years without understanding the nature of some of the other problems and obligations that we should have as a Council. So I just wanted to get that on the record.

Thank you.

You're welcome.

Any other comments from members of the Committee? (No response.)

Seeing none, the amendment has been presented by Councilman Nutter, made a motion, and it was seconded. All those in favor of the adoption of the amendment will please say aye. (Aye.)

Those 12/15/05 - STATED - 2ND READING opposed? (No response.)

The ayes have it and the amendment is adopted. The Chief Clerk will now read Bill No. 050797 on .

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Grant Avenue and the Roosevelt Boulevard.

The Chair recognizes Councilman O'Neill.

Madam President, I offer an amendment to this bill, and copies have been circulated to the members.

Thank you. Would you move -

I move the adoption of the amendment. 12/15/05 - STATED - 2ND READING (Duly seconded.)

It has been moved and seconded that the amendment be adopted. All in favor will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the amendment has been adopted. The Chief Clerk will please read the title of Bill No. 050863.

An ordinance amending Section 12-1117 of The Philadelphia Code by amending the provision relating to metered parking for physically handicapped persons and severely disabled veterans relating to the establishment of parking for motor-driven cycles and similar motor vehicles, all under certain terms and 12/15/05 - STATED - 2ND READING conditions.

The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I offer an amendment to Bill No. 050863. A copy has been circulated to all members of City Council.

Councilman, I think it would be very helpful -- I know that you circulated the amendment this morning. I know our office has received a number of calls on it, so I think it would be extremely helpful if you would explain what the amendment will do to the bill so that people, both viewing our proceedings here and the media, could somewhat explain what the amendment does.

The amendments are a result of conversations that have taken place between my office and the Office of Disability Community, and I was told this morning by Pedro, 12/15/05 - STATED - 2ND READING whose name, I apologize, I can't remember right now, that it has met with their approval. There were some concerns that we may not be meeting ADA standards. The amendments address that and some other technical issues to the bill.

That's fine.

Madam President, the gentleman, Pedro Rodriguez, was the gentleman I was referring to.

Very well. Councilman, did you make a motion?

Yes, I did.

Was it seconded? (Duly seconded.)

It has been moved and seconded that the amendment be adopted. All in favor will say aye. 12/15/05 - STATED - 2ND READING (Aye.)

Those opposed? (No response.)

The ayes have it and the amendment is adopted. The Clerk will please read the title of Bill No. 050864.

An ordinance amending Title 12 of The Philadelphia Code, entitled "The Traffic Code," by providing for the establishment of parking for motor-driven cycles and similar motor vehicles, all under certain terms and conditions.

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Councilwoman Blackwell. 12/15/05 - STATED - 2ND READING

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman 12/15/05 - STATED - 2ND READING Nutter. (No response.)

Councilman O'Neill.

Aye.

Councilman Ramos.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050933.

An ordinance 12/15/05 - STATED - 2ND READING amending Section 14-305 of The Philadelphia Code by increasing the permitted floor areas of lots designated C-4 in an area of land bounded by Christopher Columbus Boulevard, Vine Street, Water Street and Summer Street.

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 Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Kelly. 12/15/05 - STATED - 2ND READING

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilman Mariano.

Aye.

Councilwoman Miller.

Aye.

Councilman Nutter. (No response.)

Councilman O'Neill.

Aye.

Councilman Ramos.

Aye.

Councilwoman Reynolds Brown.

Aye. 12/15/05 - STATED - 2ND READING

Councilman Rizzo.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 050954.