COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 8, 2009 10:10 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER, 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
I note that the hour has come and that a quorum of this Council is present. Council will please 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 welcomes Bishop Audrey Bronson of the Sanctuary Church of the Open Door. She is here today as the guest of -- I'm sorry. She's also the President of the Black Clergy of Philadelphia. She is here today as the guest of Councilwoman Tasco. I would ask all members and guests to please rise. (Members and guests rise.)
Shall we pray. Our God and our Father Creator, you have always invited us to your throne, in good times, in bad times. Allow me first to thank you for your goodness and mercy toward us. You day full of opportunities. I ask that you endure our Mayor, Michael Nutter, with strength, wisdom and favor, to realize his vision of prosperity, equality and peace for this great metropolis. I ask that you give strength and wisdom to the members of this Council that they may serve those who they represent with righteousness so that our city will be truly a city of brotherly love. I ask that your spirit will guide their deliberations so that peace and prosperity can reign in Philadelphia. I pray for our Senators and Representatives in Harrisburg, that they will cease their bickering and come to an agreement of the too long-awaited budget that is an economic lifeline for so many of our citizens. Lord, thou knowest that we are living in troubled times when our most vulnerable citizens, our children and citizens, are being killed and brutally attacked. And in this prayer I remember the homeless, the helpless, the jobless, the disenfranchised, the discouraged, the downtrodden and those without access to good health. But we may be troubled on every side, yet not distressed. We are perplexed, but not in despair; persecuted, but not forsaken; cast down, but not destroyed, because with your help, we shall overcome. I pray this in the name of the father and the son and the holy ghost. Amen. (Amen.)
The Chair thanks Bishop Bronson for her 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, October 1st, 2009, and the Chair
Madam President, I move that the Journal of the meeting of Thursday, October the 1st, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 1st, 2009 stand approved. All in favor will 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.
Madam President, on behalf of the majority, a requested for Councilwoman Donna Reed Miller.
Thank you. Leave will be granted. 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 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 Councilman Rizzo, who will Frank Punzo on the occasion of his retirement from the City of Philadelphia. Would Mr. Punzo and those accompanying him please join the Councilman at the podium. I see the Councilman is being joined by Councilmembers O'Neill and Clarke.
We're not starting until the family comes up here. If you don't come up here, he still knows the codes to shut the radio off. Again, good morning, everyone. A guy that's really contributed a lot in his short time here with the City of Philadelphia and today we're going to recognize and thank Frank Punzo on the occasion of his retirement after five years of dedicated and excellent service to the people and the City of Philadelphia. Whereas, Frank Punzo began his City of Philadelphia public service Superintendent on January 5th, 2004; and
Whereas, Mr. Punzo received an exempt appointment to the position of Deputy Commissioner of Communications on February 1, 2007; and Whereas, Mr. Punzo was responsible during his tenure for the Switchboard, Municipal Radio, the 800 Megahertz System, the Telephone/Wireless Phone Unit and the Radio Shop; and Whereas, Mr. Punzo demonstrated great vision, leadership and commitment in carrying out his responsibilities; and
Whereas, Mr. Punzo, having come from a position of great authority in the private sector, used that experience to help make City government work efficiently, economically and effectively; and Whereas, Mr. Punzo was much admired and respected for his professionalism and dedication to personal service by his superiors and subordinates, clients and vendors and the many friends that he made in City government;
Whereas, the Council of the City of Philadelphia wishes Frank Punzo the very best in his next and undoubtedly exciting venture. Now, therefore, be it resolved, by the Council of the City of Philadelphia, that it is pleased and proud to hereby recognize and thank Frank Punzo on the occasion of his retirement after five years of dedicated and excellent service to the people of the City of Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to Frank further evidencing the admiration and gratitude of this legislative body. Congratulations, Frank. (Applause.)
Madam President, before that, could I please ask Commissioner Schlotterbeck, who Frank worked with for all time. Commissioner. COMMISSIONER SCHLOTTERBECK: Thank you, Madam President and Councilman Rizzo. It's my honor and privilege, on behalf of the Mayor of the City of Philadelphia, the Managing Director but, more important, my department, to thank Frank for the amazing service for the last five and a half years. His dedication is to be commended, admired and also repeated by many. It's a great loss to my department, but he's made a personal decision that it was time for him to move on, and we support him 100 percent. I thank him for everything. (Applause.)
Another dear colleague is Chief Inspector Feeney of the Philadelphia Police Department. He would just like to also thank Frank. FEENEY: Police Radio 9-1-1 is really the linchpin for public safety in this city. The safety of all the police officers and all the citizens are dependent on that, and it goes through times of crisis, and those times you really need someone who you can depend on. Frank Punzo was the guy we always depended on. He never let us down. He always came through. Whenever there was a problem in Radio, the first guy you called was Frank Punzo. We're going to miss him personally, and for the entire Police Department, I just want to tell him thank you. (Applause.)
Chief Inspector Feeney, I thank you for that. And also we have a representative of the Philadelphia Fire Department that would again like to say thanks to Frank. ASSISTANT CHIEF IMSZENNIK: morning, everyone. My name is Steve Imszennik. I'm Assistant Chief in the Fire Communications Center, which handles Fire and EMS 9-1-1 calls, and I'm here on behalf of Commissioner Ayers, and I just want to say, kind of piggybacking on what Chief Feeney said, some of Frank's best work is realized on a daily basis in the Fire Communications Center. We deal with the 800 megahertz radio system and our Vesta 9-1-1 system. Frank seemed to have a knack for unraveling the largest tangles of red tape that you can believe and he seemed to make everyone happy, from the vendors to the Fire Department, to the Police Department and, yes, even Councilman Rizzo. So Commissioner Ayers asked me to pass this on to Frank: Philadelphia Fire Department salutes Frank Punzo, Deputy Commissioner, Public Property, for your commitment of dedication and service to the improvement of our 800 megahertz service communications, which has enhanced the safety of our firefighters, paramedics and citizens, on this day, the 8th of October 2009. Frank, thank you. (Applause.)
And also I'd like to thank the representatives of Motorola and Verizon that are here today acknowledging also and the respect they have for Frank Punzo. So everyone involved with Frank's life here with the City of Philadelphia for the five years that he was here, you touched a lot of people, Frank, and thanks for helping us out. (Applause.)
Thank you very much, everybody who participated today. I'd like to especially thank Councilman Rizzo and this legislative body, all the Councilmembers, for this resolution, the Fire Department, Police Department. They, quite honestly, were the teams that I worked with on a day-in-and-day-out basis. I would have liked to have had less work on the outages, but I was glad to help when that occurred. I'd like to thank the Department of Public Property and especially Commissioner Schlotterbeck, who you've heard from today, for her support and the department's support throughout the five years that I spent with the City, and I'm sure many times people are up here spending a lot more time than I. I'd also like to thank my family for their support. Finally, I think my grandchildren and my children recognize me without a cell phone up to my ear, so that is good as well. All of the departments and all of the people that I have worked with with the City in this short period of time, I thank you all. It was a true team effort. This wasn't one guy running everybody participating. So I'd like to thank everyone that I have touched and who has touched me. I wish the City the best. I'm still a resident, as are most of my family. In fact, all of my family. And, again, thanks to City Council, Councilman Rizzo. And let's go Phillies. Thank you. (Applause.)
The Chair now recognizes Councilwoman Brown, who will present a resolution recognizing October as Parent Appreciation Month at the School District of Philadelphia. Will Ms. Divine and those accompanying her please join the Councilwoman. I see that Councilwoman Brown is being accompanied by Councilwoman
To my colleagues and Madam President, we know that research tells us that a child's or a student's academic success is intimately linked to the extent to which that parent is actively engaged in the life of that student. And long before our children see or know what a school door is, learning is taking place, and that's because a child's first teacher is their parent. And so I am thrilled that Dr. Ackerman, Ms. Divine and all the staff here today recognize and appreciate the enormous, enormous contribution and impact parents can make in the lives of their students. Under the new leadership there at the School District, for the first time, if we recall, in the Imagine 2014 plan, there is actually a strategic component devoted to parental involvement. And so we want to salute these folks who get that and who have piece of that document and, again, want to go on record to salute the leadership in Dr. Ackerman, Ms. Devine and all of those who are joined with us today who are now about the business of being responsive to the issues and concerns raised through those parent roundtables and outreach efforts going on at the School District. When parents are embraced, they can make a difference in the lives of our students. To that end, we want to recognize October as Parent Appreciation Month at the School District of Philadelphia. Whereas, according to the National Committee for Citizens in Education, students with parents who are involved and, I would add, actively engaged in their school have fewer behavioral problems, better academic performance and are more likely to complete secondary school than students whose parents are not on the scene at all; and Whereas, research continues to show that parents get involved in their children's education for a variety of reasons, but they do so especially when schools reach out to them and invite them to participate; and Whereas, parents are a child's first and most influential teacher and most often have high hopes and dreams for their children's future; and
Whereas, the most accurate predictor of student achievement in school is the extent to which their families are able to create a home environment that encourages learning and advocate for their children's achievement in both school and community; and Whereas, the importance of parent engagement in education requires not only recognition but a firm commitment to School District of Philadelphia policies and practices; and Whereas, the Office of Family, Parent, Community Engagement and Faith-Based Partnerships, on behalf of the School District of Philadelphia, has scheduled a month of activities to show appreciation for parents and their contributions as members of school-based and District teams. Now, therefore, be it
Resolved, by the Council of the City of Philadelphia, that we hereby recognize and celebrate October 2009 as Parent Appreciation Month in Philadelphia. Let me just parenthetically say that's a first. Further resolved, that an engrossed copy of this resolution be presented to the professionals of the School District of Philadelphia as evidence of the sincere sentiments of this legislative body. Introduced by Council colleagues Jannie Blackwell, Bill Green signed by, supported by, celebrated by all the members of the Philadelphia City Council. Congratulations to the Philadelphia School District. (Applause.)
Good morning and thank you to City Council. On behalf of Dr. Ackerman, I would like to recognize our parent leaders who are here. We have Delores Solomon and Rose Lintz from the Philadelphia Home and School Council, Cecilia Thompson from the Right to Education Task Force, Sylvia Simms from Title I and also staff member Ludy Soderman from the Office of Parent, Family and Community Engagement. We truly appreciate your support and look forward to great things in the future.
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages 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 transmitting herewith for the consideration of your honorable body a resolution approving certain agreements between various taxpayers and the Department of Revenue providing for payments to the City relating to the establishment or extension of certain Keystone Opportunity Zones; and An ordinance amending Bill No. 090325, entitled "An ordinance approving the Fiscal Year 2010 Capital Budget the capital purposes of the Philadelphia Gas Works"; and An ordinance authorizing the Commissioner of the Department of Parks and Recreation to enter into a license agreement between PECO Energy Company and the City for a certain strip of land located near the intersection of Nixon Street and Port Royal Avenue to be used as a connector for the Schuylkill River recreational trail; and An ordinance authorizing the Water Commissioner, on behalf of the City, to enter into an agreement for a license from the Pennsylvania Department of Environmental Protection to occupy certain submerged lands of the Commonwealth in the Schuylkill River; and An ordinance authorizing Mick Hally, owner and operator of Devil's Den, to operate and maintain an open-air sidewalk cafe located at 1148 through 1150 South 11th Street; and Kile, owner and operator of Yesterday's Tavern, to operate and maintain an open-air sidewalk cafe located at 2448 East Huntingdon Street; and An ordinance authorizing Frank and Ritamarie Olivieri to own and maintain various sidewalk encroachments; and An ordinance authorizing the University of Pennsylvania Health System to own and maintain various sidewalk encroachments, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in his possession.
Thank you. Councilman Jones, I see that your light is on. Did you want to be recognized?
Thank you, Madam President. I'd like to recognize the principal, CEO and students of the Bread of Life Academy, which is from the 4th Councilmanic District but is temporarily being housed in the 5th Councilmanic District until we can find them a reuniting home in the 4th. And I'd like them to stand and be recognized. They're down here today to see how city government works. And can we give them a warm welcome. (Applause.)
You're welcome. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance granting permission to the trustees of the University of Pennsylvania Health System, 3624 Market Street, for the installation of information signs and planters on the public sidewalk located on the 3400 block of Civic Center Boulevard.
The bill will be referred to the appropriate committee.
And a resolution calling on the U.S. Congress and the Department of Agriculture to investigate the practice of slaughterhouse operators prohibiting ground beef manufacturers from testing for E. Coli contamination ingredients supplied by the slaughterhouse operators.
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 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 President. I offer one resolution on behalf of Councilman Rizzo and myself.
A resolution honoring Dietz & Watson on their 70th anniversary.
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 Tasco.
Okay. I have two resolutions and one ordinance -I have one resolution and an ordinance and I have one resolution co-sponsored by Councilwomen Blackwell and Sanchez. Then I have two bills and I have -- two bills on behalf of the Administration. That's it.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding as a permissible location the west side of Wadsworth Avenue between Bayard Street and Pickering Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a neighborhood improvement district in an area that generally includes Cheltenham Avenue with boundaries of Wadsworth Avenue on the west and Broad Street on the east, Ogontz Avenue with boundaries of Cheltenham Avenue on the north and 67th Avenue on the south, and Wadsworth Avenue with boundaries of Cheltenham Avenue on the northeast and Michener Avenue on the southwest, to be known as The Greater Cheltenham Avenue Business Improvement District.
This bill will also be referred to the appropriate committee.
And an ordinance amending Bill No. 090325, entitled "An ordinance approving the Fiscal Year 2010 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works.
The bill will be referred to the appropriate committee.
And a resolution approving certain agreements by the Department of Revenue, the Department of Commerce or both with various taxpayers providing for payments to the City relating to the establishment or extension of certain Keystone Opportunity Zones.
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 recognizing and honoring Rebuilding Together 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 -- read the resolution, please.
A resolution initiating action to establish a neighborhood improvement district in an area that generally includes Cheltenham Avenue with boundaries of Wadsworth Avenue on the west and Broad Street on the east, to be known as The Greater Cheltenham Avenue Business Improvement District.
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 Chair recognizes Councilwoman Tasco.
Madam President, I forgot to introduce a resolution on behalf of Councilwoman Donna Reed Miller.
Thank you. The Chief Clerk will please read the title.
A resolution recognizing, honoring and celebrating the Business Center for Entrepreneurship and Social Enterprise for its ten years of success and achievement.
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 Councilwoman Sanchez.
Thank you, Madam President. I offer one privileged resolution.
Thank you. The Chief Clerk will please read the title.
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 grounds with the buildings and improvements thereon, situate in the 33rd Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption. (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 Green.
Thank you, Madam President. Today City Council is taking bold, decisive and forward-looking action to bring fundamental change to Philadelphia's property tax system. The reform legislation introduced today, which was sponsored by 14 Councilmembers, will bring accountability, professionalism and transparency to a broken assessment and appeals process. There are instances when reform can be accomplished through minor repairs and there are times when it is better to just raise the structure and start fresh. With this bill, Council has fired up its bulldozer. This bill will abolish the BRT, create two new agencies to take over property tax assessment and appeals - the new Office of Property Assessment and the new Board of Property Assessment Appeals. In designing this new structure, City Council, working together, has focused on ensuring that the citizens of Philadelphia will have a property tax system that they can trust, that adheres to the highest standards of professionalism and under which all citizens are treated equally. I introduce this Council BRT bill today, Madam President.
Thank you. I would ask the Chief Clerk to please read the title.
An ordinance amending Title 2 of The Philadelphia Code, entitled "City-County Consolidation," by abolishing the Board of Revision of Taxes, by creating an Office of Property Assessment which shall have the powers, functions and duties of the Board of Revision of taxes with respect to the initial making of property assessments; by assigning certain duties to the Department of Records (as the successor to the Recorder of Deeds) with respect to filing certain information with the new Office of Property Assessment.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Jones.
Thank you, Madam President. I have two bills on behalf of the Administration and two resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Water Commissioner, on behalf of the City, to enter into an agreement for a license from the Pennsylvania Department of Environmental Protection to occupy certain submerged lands of the Commonwealth in the Schuylkill River.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of the Department of Parks and Recreation to enter into a license agreement between PECO and the City for a certain strip of land located near the intersection of Nixon Street and Port Royal Avenue.
This bill will also be referred to the appropriate committee.
And a resolution honoring the Pennsylvania National Guard members of the 56th Striker Brigade Combat Team upon their safe return to their families from their deployment to Iraq.
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 authorizing City Council's Committees on Licenses and Inspections and Public Health and Human Services to hold public hearings to investigate the state of intergovernmental and intergovernmental cooperation between the Philadelphia Department of Licenses and Inspections, the Pennsylvania Game Commission, the Pennsylvania Society for the Prevention of Cruelty to Animals.
Thank you, Madam President. I move for the adoption. (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 will be referred to the appropriate committees. The Chair recognizes Councilman Goode.
Thank you, Madam President. I am pleased to offer one resolution co-introduced by every member of Council on behalf of the low wage workers of the Philadelphia School District, who we are proud to represent and were elected to represent.
The Chief Clerk will please read the title of the resolution.
A resolution calling on the School Reform Commission to adopt the principles of the Philadelphia 21st Century Minimum Wage and Benefit Standard.
Thank you, Madam President. I move for the adoption. (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. (Applause.)
Thank you, Madam President. No bills or resolutions this morning.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer four bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing Frank and Ritamarie Olivieri, owners of the property Pat's King of Steaks, 901-03 Wharton Street, to legalize various existing sidewalk encroachments.
The bill will be referred to the appropriate committee.
And an ordinance authorizing John Kile to construct, own and maintain an open-air sidewalk cafe at 2448 East Huntingdon Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing Mick Hally to construct, own and maintain an open-air sidewalk cafe at 1148 to 1150 South 11th Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-211 of The Philadelphia Code, entitled "Boxes for the Distribution of News and Printed Material," by amending certain specifications for publishers' boxes.
The bill will be referred to the appropriate committee.
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, situate in the 45th Ward of the City of Philadelphia.
The Chair recognizes Councilman DiCicco for a motion on the resolution. 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. Madam President, I'm holding the resolution, so I only have two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance granting permission to Bharat Patel, owner of the newsstand at the southwest corner of Broad and Arch Street, to construct, use and maintain an electrical conduit.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing," and Chapter 12-2400 of The Philadelphia Code, entitled "Towing and Immobilizing of Parked or Abandoned Vehicles," by companies can charge owners of recovered, stolen or illegally used vehicles.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
The next order of business is reports from committees. The Chair recognizes Councilman Goode for a report from the Committee on Commerce and Economic Development.
Thank you, on Commerce and Economic Development 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 Commerce and Economic Development, to which was referred Bill No. 090579, entitled "An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled 'Philadelphia 21st Century Minimum Wage and Benefit Standard,' by providing that those who violate the Chapter may be suspended from receiving financial assistance from the City or from bidding or participating in future City contracts for a period of time," 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 that the rules of Council be suspended so as to permit first reading this day of Bill No. 090579. (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 say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilwoman Krajewski for a report from Safety.
Thank you, Madam President. The Committee on Public Safety reports one bill out with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Public Safety, to which was referred Bill No. 090577, entitled "An ordinance authorizing the Mayor, on behalf of the City, to execute the 'Southeastern Pennsylvania Mutual Aid and Intergovernmental Cooperation Agreement' by and between the City of Philadelphia and Bucks, Chester, Delaware and Montgomery Counties," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. I move that the rules of Council be suspended so as to permit first reading on Bill No. 090577. (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 the consideration of the Calendar. I 10/8/09 - STATED - 2ND READING note that the bills just reported from committees, with a suspension of the rules, have been deemed to have had a first reading. The bills will be placed on the Second Reading and Final Passage Calendar for our next session of Council. There are no additional bills on the First Reading Calendar today. Therefore, the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills to be considered on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Bill No. 090123-AAA and Bill 090520 are being called up for Second Reading and Final Passage Calendar today. All other bills will be held.
Thank you. The Chief Clerk will please read the title of Bill No. 090123-AAA.
An ordinance amending the provisions of The 10/8/09 - STATED - 2ND READING Philadelphia Code regulating dumpsters; in particular, repealing and reenacting the provisions of Section 10-722, entitled "Use of Dumpsters."
This bill having been read on two different days, the question now is shall the bill pass finally. The Chair recognizes Councilman O'Neill.
Yes, Madam Chair. Councilman Green and I have already had this discussion privately, but for the record I would like to ask him to hold this until our next meeting in two weeks.
Madam President, I said everything I have to say on this bill and I'm not going to hold it.
That's his prerogative. I'd like to speak on the bill for a second.
There is a clear problem with dumpsters that the Councilman is addressing in this legislation. I know it sat for the summer, and when we see a bill with three capital A's next to it, it's been through a lot of amendments. But it doesn't change the fact that there are serious problems in certain areas that have been beyond L&I's ability apparently to enforce, and this program of medallions is, while untried, certainly better than anything that is or has been tried so far, and from what I can glean, the Administration didn't come up with anything better than it to deal with. So I'm not arguing with the potential of the medallion program. My opposition to the bill is geographical and from a fairness standpoint to people and businesses that don't have any dumpster violations, don't cause dumpster violations and yet are 10/8/09 - STATED - 2ND READING going to pay a price for those that do. And I think there may be other ways of having the medallion program but not hurting large areas, like my district, that really don't present dumpster problems and are now being asked to pay for those that do, and I just think it's wrong not to try to find some way. We may not be able to find some way in the next two weeks, but from what I understand, the dates of implementation aren't that close to us. But I want to vote no on it as is, because -- I haven't gotten any calls on this bill, but I should get calls once those bills go out to small businesses that are doing the right thing, have been doing the right thing and will be now hit with a punitive charge because some other people are not only doing the wrong thing, but have been doing it so wrong that the City hasn't been able to effectively deal with it. So it's not the medallion 10/8/09 - STATED - 2ND READING program. It's just I'm trying to think of maybe a medallion area or something like that, but I don't have the solution today, but I can't vote for it in its present form. Thank you.
Thank you. The Chair recognizes Councilman Rizzo.
Madam President, I'm one of the co-sponsors of this legislation, and, again, I appeal to the sponsor to be considerate of the request from a District Councilperson on this particular issue. Again, the timeline isn't that tight that that request cannot be honored. Thank you.
Madam President, this bill has been on our Calendar, has been before Council for 10/8/09 - STATED - 2ND READING seven months. With respect to Councilman O'Neill, he spoke to me this morning. I'm not inclined to change the bill this week, next week or six months from now. Everybody knows the merits of this bill. We've been discussing it a long time. I'm not even going to respond to Councilman O'Neill. Let's just call the vote.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending the provisions of The Philadelphia Code regulating dumpsters; in particular, repealing and reenacting the provisions of Section 10-722, entitled "Use of Dumpsters."
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 10/8/09 - STATED - 2ND READING call the roll.
Aye. The ayes are 14; the nays are two. A majority of all members having voted in the affirmative, the bill passes. 10/8/09 - STATED - 2ND READING We will now consider Bill No. 090520.
An ordinance amending Chapter 17-1600 of The Philadelphia Code, entitled "Economic Opportunity Plans," by providing that Council may by resolution determine that there are reasonable grounds to believe that a participant, contractor, project developer, or applicant for or recipient of financial assistance has failed to comply with the provisions of that Chapter and should be subject to debarment.
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 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. That concludes our Calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilman Jones.
Thank you, Madam President. Last week I rose to speak to lighting a candle and cursing the darkness. On the lighting the candle part was about MED Week, and I want to thank my colleagues for coming out and supporting, particularly Councilwoman Blondell Reynolds Brown. We had over 200 active businesses come out and support that effort. The Water Department, SEPTA, PECO and the Gas Works all participated, and we thank them. A lot of information on the green procurement opportunities was exchanged, and I believe we set in motion a great deal of activity by way of contract opportunities for women and minority. So thank you for lighting that candle. I also rose to speak to the budget and I cited that an inaction was in fact an action, and I have to tell you that I received a number of angry and concerned and not so well-wishing phone calls from parts west in Harrisburg and in between, and I wanted to say today on the record that if I offended any of them in any way, that after soul searching and sincere consideration, I really don't care. I really don't care, because people in my district are suffering. People aren't being paid. Businesses aren't opening. Senior citizens aren't getting their proper services. And I understand that progress has been made, and I applaud the State House for doing the people's business. I applaud them for that. But I also say that even though the war is winding to an end, many casualties are still falling. Businesses are closing. People have lost their jobs. Every day that we do not pass that budget, people are suffering. that today at, I believe, 12 o'clock noon, high noon, there will be a rally to talk about the 100 different ways the state budget is hurting Philadelphians. So, again, I join you to listen, because just because our work was done, there's another shoe to fall, and we should support all of the people that are depending on the people up in the Commonwealth to do what the people sent them there to do, which is pass a budget. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I want to quickly thank Councilman Green for his introduction of the BRT reform legislation, and although I wish this bill had been introduced last week, as most of us had expected it would, I appreciate his efforts and look process. And during that process, I'm certain that many of us will raise questions, concerns and amendments. I'm also certain that we'll be able to work through the process cooperatively, as all of us have done in the past. To ask the sponsor to create consensus prior to introduction I believe is unrealistic, and in the future, I hope we all trust in the legislative process that guarantees all of us our voices are heard and maintains an openness and transparency. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam Chair, Madam President. With the passage of the dumpster bill, Philadelphia has moved one step closer to shedding the unflattering moniker "Philthadelphia." This bill addresses serious quality of life issues in both Center City and the neighborhoods, the scourge of dumpsters that line our streets and alleys. This legislation provides the City with increased enforcement powers necessary to clean up the City streets. As importantly, this legislation implements technology that streamlines the inspection and ticket-writing process. Instead of four City workers being involved in issuing a ticket, only one City worker will be involved in issuing a ticket. I'd like to thank all of my colleagues who co-sponsored this bill and who stuck with me for seven months on this bill. I had to miss two hearings, and Councilman DiCicco stood up for me and represented me at the hearings on my own bill, as did my colleagues Maria Quinones-Sanchez and Curtis Jones and Bill Greenlee, and I really want to thank this in my absence. Finally, I'd like to thank my staffer Seth Levi. Seth has put countless hours into this legislation, going as far to get up before dawn and photograph illegal hauling of dumpster practices. The reason we amended this bill so many times is because Seth recently informed me that he was leaving City Council and my employ, and he said he wanted to wait to get the dumpster legislation passed before he left. So I figured the longer it took, the longer I could keep him with us. But Seth has accepted a job with the Southern Poverty Law Center in Montgomery, Alabama, so his public service will continue, and I would just like to publicly thank Seth for all he's done for me during the campaign and in City Council. (Applause.)
And we wish him luck on the important work of the Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I want to thank Councilman Green for the introduction of the BRT bill today, and I just want to give a little history around the strategy on how we got here today. He had a bill that he wanted to introduce last week. We suggested, after a long discussion, that he wanted -- and he kept saying he wanted it to be a Council bill. So we said if it's a Council bill, then there should be input by the Councilmembers. The Councilmembers were invited. He agreed. Councilmembers were invited to participate in the drafting session. Those who were not at the table the day before met the next day. And all of the Councilmembers who were interested in participating in that discussion came out ideas and recommendations that are part of this bill today. So I want to thank Councilman Green for his cooperation. And there's also some concern whether it should be introduced last week, this week, next week. At the end of the day, we can't do anything about it until May. So the opportunity to have Councilmembers participate does nothing to delay the passage of this bill, because what we were trying to do is to have the bill prepared and ready prior to our starting our budget process and after the first of the year. So I think we have accomplished that goal, and we'll proceed to have a hearing on the bill. Individuals will have additional input into the legislation. I think everybody who had been here before and had voted on legislation that was hastily drafted, had to do with Charter changes, made a comment and were determined that they would not be in that predicament again where we have legislation that we passed in haste and then we regret it after it is done. We wanted to be deliberative about this piece of legislation. We wanted to have input by those Councilmembers who wanted to have input, and we were able to do that. But at the end of the day, as Councilman Green said, it is the citizens of this city who want to know that the process is fair, that their assessments are correct, and that is -- at the end of the day, that is what our goal should be, to make sure that our citizens have confidence in what we pass and that the new entity will be something that they can have confidence in. So I thank all of my colleagues for their patience. I thank all of the Councilmembers who participated and gave their ideas. And certainly there can as we discuss this during public hearings. We will hear from the public. We will hear from experts, and we will continue to deliberate that. And so I think at the end of the day, by the time we have to have this bill done for the ballot, for the May 18th ballot, we will have it done in time. So thank you, my colleagues, on behalf of -
I certainly share your comments. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. First, I would like to wish Seth Levi well and acknowledge that there was a ton of staff work involved in that bill. I wish I had known about Councilman Green wanting to keep him as may have had a better chance if I had framed it in those terms, that would you like to give Seth two more weeks, I think I can figure out a way. But we didn't have that conversation, unfortunately. But the other matter I wanted to just mention is that I signed on to the BRT bill after I got here this morning and I also want to recognize Councilman Green's efforts in collaboration and just hard work. There are some things I may disagree with, but I'll support them if they are in the final bill. And I think what's really amazing is that after decades of mayors, going back to the '50s, calling for the reform of the BRT, the Council is united with the Mayor to fundamentally reform the BRT, professionalize it, split the appeals from the assessments, and everything else after that is details. And I'm sure we'll have a lot of discussion about the details, but the behind us. Everyone has agreed on the basic fundamental reform. Thank you.
You're welcome. Are there any other speeches? (No response.)
Anyone else want to be recognized? (No response.)
Seeing no one, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, October 22nd, 10:00 a.m., 2009. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, October 22nd. say aye. (Aye.)
The ayes have it and the motion carries. (Stated Meeting adjourned at 11:15 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 8, 2009, 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.)