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Minutes

Stated Meeting, May 12, 2011

Philadelphia City CouncilMay 12, 2011

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Organizations mentioned

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 12, 2011 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,

Chief Clerk Council President Verna

Good morning. 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 recognizes Reverend Louis Nash of Faith and Deliverance Church. He is here today as the guest of Councilman Clarke. I would ask all members and guests to please rise. Reverend. (Members and guests rise.)

Council President Verna

Reverend, please proceed.

Reverend Nash

Father God, our Eternal Father, we thank you for allowing us to lay down last night as you begin to speak to our minds of how we are to represent the people, and how you blessed morning to come together to have the meeting of the minds. We pray that you bless each Honorable Councilmember and these individuals that come here to discuss business for the constituents of Philadelphia. Bless the wisdom and the knowledge that they'll come on one accord and think of great things to turn this city around to greatness. We thank you, in Jesus' name. Amen. (Amen.)

Council President Verna

The Chair thanks the Reverend for his invocation. Council will be at ease. (Council at ease.)

Council President Verna

The next order of business is the approval of the Journal of the meeting of Thursday, May 5th, 2011, and the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I move that the Journal of the meeting of Thursday, May 5th, 2011 be approved.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Journal of the meeting of Thursday, May 5th, 2011 stand approved. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the Journal is approved. The next order of business is requests for leaves of absence, and, again, the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.

Council President Verna

Thank you. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, on behalf of the republicans, there are no requests for leave of absence.

Council President Verna

Thank you. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Thank you, Madam President. Madam President, today I'd like to --

Council President Verna

Councilman, just a minute, please. Can we please have some order and silence. Thank you.

Councilman Rizzo

Thank you for that, Madam President. President, today I would like to thank one of the journalists that has covered this Council session for many, many years who is moving on to report in Washington, DC on Capitol Hill. And, Jim Hilgen, we all want to thank very much for your good work. Today is his last day here, and he's been here for many, many years, and I thought we'd take the opportunity to acknowledge his success and moving on to Washington, Capitol Hill.

Council President Verna

We're going to miss your pleasant smile and wish you luck. (Applause.)

Council President Verna

Good luck to you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Council this morning. On behalf of all Councilmembers, I welcome you to our Council session. We appreciate your join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilmembers Jones and Sanchez, who will present a resolution honoring Joseph Lozito. Will Mr. Lozito and those accompanying him please join the Councilmembers at the podium. Councilman.

Councilman Jones

Today I recognize a stand-up guy in a sit-down world. Recognizing today and honoring Joseph Lozito, a resident of Philadelphia, for his courage and action in helping to detain an alleged serial killer in New York City. Whereas, from Friday, February 11th to Saturday, February 12th, New York City residents were terrorized across multiple boroughs over a 28-hour period, during which innocent strangers were murdered; Whereas, the suspect in the attacks, Maksim Gelman, boarded a subway during his flight from police on the morning of February 12th where Mr. Joseph Lozito, a Philadelphia resident, was riding; and

Councilwoman Sanchez

Whereas, Mr. Gelman attacked Mr. Lozito without provocation, but Mr. Lozito bravely fought Mr. Gelman while being slashed with an eight-inch chef's knife. Mr. Lozito's actions helped police finally nab the killer, ending the stabbing rampage in New York City; Whereas, Mr. Lozito's brave response spared other innocent victims from similarly life-threatening encounters; and Whereas, heroic acts like those taken by Mr. Lozito too often go underappreciated; and now therefore

Councilman Jones

Resolved, the Council of the City of Philadelphia Joe Lozito of Philadelphia for his courageous actions in helping to detain an alleged serial killer in New York. Further resolved, that an engrossed copy of this resolution be presented to Mr. Lozito for his inspiration and exemplary actions as evidence of our sincere sentiments of this legislative body. Produced by Councilman Jones and Maria Quinones-Sanchez, and Mr. Lozito lives in the Seventh District, by the way. (Applause.)

Council President Verna

The Chair recognizes Mr. Lozito for remarks.

Mr. Lozito

I would just like to thank Council and the City that I choose to live in. I've been here 11 years, and I appreciate all your efforts every day to make this city a better place for citizens like me and my family. The City has really wrapped their arms around me during this incident, and I could never pay anybody back, Council, the Eagles, especially the Flyers. They really came forward, especially for my sons, who are big sports fans, as is myself. But I won't take up any more of your time. I just really would like to say from the bottom of my heart and bottom of my family's heart, thank you very much for your appreciation. (Applause.)

Council President Verna

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

Council President Verna

The Chair now recognizes Councilwoman Sanchez, who will present a resolution honoring the Nation of Paraguay on the 200th Anniversary of its independence from Spain. Would Ambassador Rigoberto Guato and those accompanying him please join the Councilwoman at the podium. I see that Councilwoman Sanchez Councilwoman Brown.

Councilwoman Sanchez

Thank you, Madam President. I'm sure my colleagues would agree when we say we are happy that leaders from across the country and across the world choose to celebrate their important and historic occasions here in Philadelphia, and today we have an opportunity to do that and all week long, and Mr. Excellence Ambassador will speak to that. I want to recognize all the folks that joined La Excelencia Ambassador Rigoberto Guato Vielman. El Doctora Esteban Elegre, who is here with his wife, who is the organizer of this wonderful event; La Doctora Oviedo from the Rotary Club; from the Rotary Club, Diana, who is with her, her daughter. We have the General, Licartio Frios (ph); and Nick Bayard from el Cuerpo de Paz, the Peace Corps, and some other guests that the Ambassador would recognize. happy in a city where recently we saw reports of Philadelphia truly being a city of new immigrants, and we welcome all of the members of the Paraguay community who live among us and those who are visiting us as part of this celebration. The resolution reads: Recognizing and honoring the Nation of Paraguay on the 200th Anniversary of its independence from Spain. Whereas, Paraguay has a proud and diverse Guarani Amerindian culture, dating back thousands of years; and Whereas, the people of Paraguay valiantly ended over 200 years of colonial rule on May 15th, 1811; and Whereas, Paraguay continued its independence struggle for many more years, defending its independence from hostile neighbors and state; and Whereas, the leaders of Paraguay's independence movement, such as Fulgencio Yegros and Fernando De La Mora, "Pantheon of Heroes"; and Whereas, this important monument in the capital city of Asuncion remains a popular gathering place for celebrations and expressions of national pride; and

Councilwoman Brown

Whereas, Paraguay is now home to over 6.3 million people, and this dynamic nation is experiencing some of the fastest economic growth in South America; and Whereas, Paraguay has developed a rich literary and musical history, producing many notable artists and writers including Hugo Rodriguez Alcala and Augustine Barrios Mangore; and Whereas, the main United States event to celebrate the anniversary of Paraguay's independence will be held in Philadelphia, the birth place of our nation, with a gala event at the Kimmel Center on Saturday, May 14th; now, therefore

Councilwoman Sanchez

Be resolved, by the Council of the City of Philadelphia, hereby honors and recognizes the nation of Paraguay on its 200 years of independence for its tremendous contributions to South American culture and identity. Further resolved, that an engrossed copy will be given to His Excellence Paraguay Ambassador and the Honorable Rigoberto Guato and the Paraguay Bicentennial Committee and its President, Wilfrido Risso, as an expression of our sincere admiration and respect of this body. (Applause.)

Council President Verna

The Chair recognizes the Ambassador for remarks. AMBASSADOR GUATO: Ms. President, the honorable members of the City Council of Philadelphia, ladies and gentlemen, it's a great honor for me as Ambassador of the Republic of Paraguay to address the honorable members of the City Council of Philadelphia on the occasion of the bicentennial of my country, Paraguay. The Committee formed for the bicentennial festivities has chosen the City of Philadelphia for one of the main activities, the Paraguayan Music Festival, to be held on Saturday, May 14th at the Kimmel Center. The reason for choosing this place is that in the City of Philadelphia began the process of independence for all the colonies of the continent. Indeed, on July 4th, 1776 here in Philadelphia, the flame of freedom lead the hemisphere for 50 years, during which time all the countries of the continent, including Paraguay, achieved their independence. Let me briefly introduce my country. Paraguay is located in the center of South America, surrounded by Argentina, Brazil and Bolivia. It has an area of 157,000 square miles. That is California. 5 million inhabitants, slightly more than Minnesota. Paraguay became independent from Spain in the night of 14 to 15 of May 1811, thanks to a revolution lead by a group of patriots against the Spanish governor, without bloodshed. However, to maintain its independence and to retain integrity, Paraguay had to hold the bloodiest wars throughout the continent, the first against the Triple Alliance - Argentina, Brazil and Uruguay, from 1865 to 1870, where Paraguay never gave up. The driver of the Paraguayan war, Marshal Francisco Solano Lopez, died with his sword in hand in the Battle of Cerro Cora with the last remnants of his Army. In this war, Paraguay lost two-thirds of its population and one-third of its territory. When Paraguay was early disaster, its children had to take up arms again to defend the Chaco lands, which represents 60 percent of our current territory. The Chaco wars against Bolivia was developed from 1932 to 1935. Although Paraguay won, we lost more than 30,000 soldiers and the country's economy was again devastated. Politically, democracy, which had been developing successfully in the 1970s, was replaced by a long period of dictatorship until 1989. With the full of General Alfredo Stroessner, Paraguay recovered its democracy, and since then, there have been successful elections every five years. To date, Paraguay has consolidated this democracy. S. corporation have been booming. 5 percent, the highest in the western hemisphere and the third in the world. Its production is mainly agricultural, mainly with soybean, meat, rice and sesame. 5 million inhabitants, it produce grain to feed 30 million and enough meat to feed 50 million people, with the quality of produce that is among the best in the world. 5 billion. Paraguay and the United States had been always allies, though this fact is little known in this country. They have been distant alliance, as Frank Mora, currently Deputy Secretary of Defense for the Western Hemisphere, has S. in international and forums and especially against communism. At the same time, Paraguay was one of the major beneficiaries of the Alliance for Progress Initiative of President Kennedy. No other country had received so many Peace Corps volunteers in Paraguay. These young people have been received in my country with warmth and kindness. They have provided corporation for the improvement of health, education, infrastructure and others, returning to the United States with a pleasant memory of Paraguay. A former volunteer of the Peace Corps is here with me today as a witness of what I have said, Mr.

Council President Verna

Nick Bayard. In addition, the partnership of program between the State of Kansas and Paraguay is an example of harmony and commitment for development. After the war against the Triple Alliance, Argentina, which seized up to the Pilcomayo River, also wanted to keep the Chaco Boreal up to the Verde River. Paraguay accomplished that the territory was omitted to arbitration by the President of the United States. At that time, this country was led by Rutherford B. Hayes, who ruled in favor of Paraguay. Today this territory is one of the largest provinces of Paraguay, and the name is Departamento de Presidente Hayes, the Department of President Hayes, whose capital is Villa Hayes. That means Hayes City. I don't know if there is another nation that has a province with the name of a president of the United States. S. S. diplomat nor nationalized any business or seize any city's property. In the United States currently 50,000 Paraguayans. It is not an important number of other Latin American countries, but my countrymen have shown diligence, honesty and discipline. For these reasons, we have requested the Mayor of Philadelphia, the Honorable Michael Nutter, to have the Paraguayan flag raised in the Benjamin Franklin Parkway as a token of friendship and understanding between Paraguay and the United States. On the eve of the bicentennial -- of its bicentennial, Paraguay greets United States through the noble City of Philadelphia, the first capital of this great country. Thank you very much. )

Council President Verna

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

Council President Verna

The next order of business is communications. The Chair requests that the from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, I am transmitting herewith for the introduction and consideration by your honorable body four resolutions reappointing current members to the Board of Directors of the Center City District; namely, Ronald Bowlan, John Connors, Allan Domb and Edward Goldberg; and four resolutions appointing new members to the Board of Directors of the Center City District; namely, Romona Riscoe Benson, David Campoli, Linda Ann Galante and Jerry Sweeney; and I am also transmitting an ordinance authorizing the Commissioner of Public Property to enter into a sublease agreement with the Philadelphia Authority for Industrial Development for certain land and improvements located at 3449 Lane; and Also an ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Authority for Industrial Development a parcel of land located at 1628 Fitzwater Street; and An ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Authority for Industrial Development a parcel with an address of 1814 through 28 West Cheltenham Avenue; and An ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Authority for Industrial Development a parcel with an address of 2466 through 74 Amber Street; and An ordinance authorizing the Commissioner of Public Property to execute a deed to the Philadelphia Authority for Industrial Development and to accept a deed from PAID for the purpose of exchanging a parcel of part of a larger parcel commonly called the Kensington and Tacony Trail; and An ordinance authorizing the Commissioner of Public Property to convey, on behalf of the City, 405 Manton Street, 407 Manton Street, 409, 411, 413 Manton Street, 2042 Martha Street, 2457 through 59 Martha Street, 2105 East Hagert Street, 2106 East Cumberland Street, 2107 East Hagert Street, 2109 East Hagert, 2223 Blair Street and 2345 East Cumberland Street for fair market value; and An ordinance amending Title 19 of The Philadelphia Code, entitled "Finance, Taxes, and Collections," by authorizing City depositories to hold City funds without posting equivalent collateral; and An ordinance constituting the Fourteenth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented; authorizing the Bond Committee to issue and sell either at public or private sale Water and Wastewater Revenue Bonds; and An ordinance constituting the Fifteenth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented; authorizing the Bond Committee to issue and sell either at public or private sale Water and Wastewater Revenue Bonds; and An ordinance authorizing the Director of Finance to establish a Parks and Recreation Programs and Facilities Fund in which revenue generated from competitively awarded agreements regarding areas or facilities in the Fairmount Park system may be deposited for use to pay expenses for programs and facilities in the Fairmount Park system; and An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," to require tobacco retailers to obtain permits for the retail sale of tobacco products; and An ordinance authorizing the Public Property Commissioner to accept as a donation a deed from Nomar Corporation that conveys title to the City to the parcel of land identified as 7530 Anderson Street (also known as 315 Woodbrook Lane) in Philadelphia, subject to a conservation agreement granted by Nomar Corporation to the Chestnut Hill Historical Society by a Conservation Easement agreement; and An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by providing for certain exclusions relating to investments made under the federal New Market Tax Credit program; and An ordinance authorizing the Philadelphia Authority for Industrial Development to purchase approximately situate on the West Side of the Schuylkill River between 56th and 58th Streets; and An ordinance adopting an Amendment to Section V of the Articles of Incorporation of the Philadelphia Authority for Industrial Development by increasing the Authority's term of existence to a date fifty years from the date of approval of Articles of Amendment by the Secretary of the Commonwealth; and An ordinance authorizing the Concession Agreement regarding the Lloyd Hall Cafe, dated January 7, 2011, between the City of Philadelphia and Cosmic Catering, Limited Liability Company, to have an "Initial Term" of five years and a "Renewal Term" of five years, subject to certain terms and provisions.

Council President Verna

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

Chief Clerk

I have none, Madam President.

Council President Verna

Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I offer one bill and one resolution.

Council President Verna

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

Chief Clerk

An ordinance authorizing the Director of Finance to establish a Parks and Recreation Programs and Facilities Fund in which revenue generated from competitively awarded agreements regarding areas of facilities in the Fairmount Park system may be deposited for use to pay expenses for programs and facilities in the Fairmount Park system.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution commemorating the 50th Anniversary of the Freedom Riders and the impact that these activists for equality had on the Civil Rights Movement.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next Council session. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Today I introduce two bills and one resolution.

Council President Verna

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

Chief Clerk

An ordinance authorizing the striking from City Plan No. 42 and abandoning of a portion of a certain right of way reserved for municipal and public utility purposes which extends southwestwardly from the westerly side of former Thirty-Second Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing the Children's Hospital of Philadelphia to construct, use and maintain certain encroaching structures in the Rights of Way of Civic Center Boulevard.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And a resolution approving the Drexel University Proposed Revision to its Institutional Development District Master Plan pursuant to Chapter 14-1107 of The Philadelphia Code.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. I offer one bill.

Council President Verna

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

Chief Clerk

An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by adding a new Section, authorizing the Department of Streets to promulgate regulations regarding the proper disposal of refuse, rubbish, garbage and recyclable materials.

Council President Verna

The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Thank you, Madam President. I offer two bills.

Council President Verna

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

Chief Clerk

An ordinance authorizing the Commissioner of Public Property to execute and deliver a deed to the Philadelphia Authority for Industrial Development and to accept a deed from PAID, and to execute all of the necessary documents, for the purpose of exchanging a parcel of City-owned land that is part of a larger parcel commonly called the Kensington and Tacony Trail.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding a permissible location on the sidewalk of the west side of Frankford Avenue between Bustleton Avenue and Pratt Street.

Council President Verna

This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. I offer six bills for the Administration, two bills for you and four resolutions for Tasco.

Council President Verna

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

Chief Clerk

An ordinance authorizing the Philadelphia Authority for Industrial Development to purchase approximately twenty-eight acres of land situate on the West Side of the Schuylkill River between 56th and 58th Streets.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance adopting an Amendment to Section V of the Articles of Incorporation of the Philadelphia Authority for Industrial Development by increasing the Authority's term of existence to a date fifty years from the date of approval of Articles of Amendment by the Secretary of the Commonwealth.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Title 19 of The Philadelphia Code, entitled "Finance, Taxes, and Collections," by authorizing City depositories to hold City funds without posting equivalent collateral.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to convey to the Philadelphia Authority for Industrial Development a parcel of an address of 1814 through 28 West Cheltenham Avenue.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by providing for certain exclusions relating to investments made under the federal New Market Tax Credit program.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," to require tobacco retailers to obtain permits for the retail sale of tobacco products.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance constituting the Fifteenth Supplemental Ordinance of the Restated General Water and Wastewater Revenue Bond Ordinance of 1989.

Council President Verna

This bill will also be referred to the appropriate committee.

Chief Clerk

And an ordinance constituting the Fourteenth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution honoring the Attack Mode Youth Boxing Club.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

Chief Clerk

And a resolution honoring the American Women's Heritage Society on its 25th Anniversary.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

Chief Clerk

And a resolution declaring June 2nd as Creating a Legacy of Wellness: Mind, Body, and Spirit Day in Philadelphia.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

Chief Clerk

And a resolution amending Resolution No. 100518, approving the annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative (NTI) Bond Proceeds for Fiscal Year 2011.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair now recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. Today I offer two bills.

Council President Verna

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

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code, relating to "Zoning and Planning," by amending Chapter 14-1100, entitled "Institutional Development District," by amending certain provisions of the Institutional Development District and certain provisions of the Institutional Development District concerning permitted uses.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding a permissible location on the sidewalk of the west side of Broad Street from West Olney Avenue for 85 feet south.

Council President Verna

The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

Thank you, Madam President. I have two bills and one resolution.

Council President Verna

Thank you.

Chief Clerk

An ordinance authorizing the Hispanic Association of Contractors and Enterprises Community Development Corporation, 167 West Allegheny Avenue, to construct, own and maintain six trash receptacles and twelve artificial palm trees, on the east and west footway of North Fifth Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Fifth Street, Master Street, Sixth Street, and Jefferson Street.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And a resolution recognizing and honoring the week of June 4th through June 11th as Philippine Independence Week.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Green.

Councilman Green

Thank you, Madam President. I have one resolution co-sponsored by Councilmembers Miller and Blondell Reynolds Brown.

Council President Verna

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

Chief Clerk

A resolution honoring Alice Salomon Bast, the president and founder of the National Foundation for Celiac Awareness, and congratulating her on receiving the 90th annual Philadelphia Award.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Madam President. Two bills.

Council President Verna

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

Chief Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Dupont Street, Lawnton Street, Green Lane, and Ridge Avenue.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing the Commissioner of Public Property to enter into a sublease agreement with the Philadelphia Authority for Industrial Development for certain land and improvements located at 3449 Scotts Lane.

Council President Verna

This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Goode.

Councilman Goode

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

Council President Verna

Thank you. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. No bills or resolutions this morning.

Council President Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer three bills and eight resolutions.

Council President Verna

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

Chief Clerk

An ordinance authorizing the Commissioner of Public Property to convey, on behalf of the City, 405 Manton Street, 407, 409, 411 and 413 Manton Street, 2042 Martha Street, 2457 through 59 Martha Street, 2105 East Hagert Street, 2106 East Cumberland Street, 2107 East Hagert Street, 2109 East Hagert, 2223 Blair Street and 2345 East Cumberland Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Authority for Industrial Development a parcel of an address of 2466 through 74 Amber Street.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Chapter 10-600 of The Philadelphia Code, entitled "Public Places - Prohibited Conduct," by amending Section 10-611, entitled "Sidewalk Behavior," by amending the process to be followed prior to taking coercive action for violations of the Section.

Council President Verna

This bill will also be referred to the appropriate committee.

Chief Clerk

And a resolution reappointing Allan Domb to the Board of Directors of the Center City District.

Council President Verna

This resolution will be placed on the Final Passage Calendar at our next session of Council -- I'm sorry. Is this for an appointment to Center City District? COUNCILMAN DiCICCO: Yes.

Council President Verna

Will be referred to the appropriate committee. We will read all of the resolutions at one time.

Chief Clerk

And a resolution appointing Linda Ann Galante to the Board of Directors of the Center City District; and A resolution appointing Jerry Sweeney to the Board of Directors of the Center City District; and A resolution appointing David Campoli to the Board of Directors of the Center City District; and A resolution appointing Romona Riscoe Benson to the Board of Directors of the Center City District; and A resolution reappointing Edward Goldberg to the Board of Directors of the Center City District; and A resolution reappointing John Connors to the Board of Directors of the Center City District; and A resolution reappointing Donald Bowlan to the Board of Directors of the Center City District.

Council President Verna

The resolutions will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I have no bills or resolutions.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I have eight bills.

Council President Verna

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

Chief Clerk

An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," to provide for abatement of all or a portion of fees for certain licenses and permits for new Small Business Enterprises.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance granting permission to the Southeastern Pennsylvania Transportation Authority, 1234 Market Street, to construct, own and maintain a passenger boarding platform, passenger shelter and other miscellaneous encroachments on the public sidewalk located at the northwest corner of the intersection of Frankford Avenue and Delaware Avenue.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," to provide for abatement of all or a portion of fees for certain licenses and permits for Small Business Enterprises.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," to provide for abatement of all or a portion of fees for certain licenses and permits for new Small Business Enterprises.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Section 19-1806 of The Philadelphia Code, entitled "Authorization of Realty Use and Occupancy Taxes," and Chapter 9-2600 of The Philadelphia Code, "Business Privilege Taxes," to provide for a credit or abatement of certain taxes for new Small Business Enterprises.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Section 19-1806 of The Philadelphia Code, entitled "Authorization of Realty Use and Occupancy Taxes," and Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," to provide for credit of certain taxes for new Small Business Enterprises.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," to provide for abatement of all or a portion of fees for certain licenses and permits for new Small Business Enterprises.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing the Concession Agreement regarding the Lloyd Hall Cafe, dated January 7, 2011, between the City of Philadelphia and Cosmic Catering, Limited Liability Company, to have an "Initial Term" of five years and a "Renewal Term" of five years, subject to certain provisions.

Council President Verna

This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Kelly.

Councilman Kelly

Madam President, I have no bills or resolutions.

Council President Verna

Thank you. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

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

Council President Verna

Thank you. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I want to offer introduction.

Council President Verna

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

Chief Clerk

An ordinance authorizing the Public Property Commissioner on behalf of the City of Philadelphia to accept as a donation a deed from Nomar Corporation that conveys title to the City to the parcel of land identified as 7530 Anderson Street (also known as 315 Woodbrook Lane).

Council President Verna

The bill will be referred to the appropriate committee. The next order of business is reports from committees. The Chair recognizes Councilman Kenney for a report from the Committee on Rules.

Councilman Kenney

Thank you, Madam President. The Committee on Rules reports out one bill with no

Council President Verna

Thank you. The Chief Clerk will please read the report.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 110181, entitled "An ordinance amending Chapter 19-1200 of The Philadelphia Code, entitled 'Parking Tax,' by providing for scheduled reductions in the rate of the tax beginning in Fiscal Year 2012, and by making certain technical amendments, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill to Council with no recommendation.

Council President Verna

Thank you. Bill No. 110181 will be placed on our First Reading Calendar for our next session of Council. Krajewski for a report from the Committee on Appropriations.

Councilwoman Krajewski

Thank you, Madam President. The Committee on Appropriations reports three bills out with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report.

Chief Clerk

The Committee on Appropriations, to which was referred Bill No. 110294, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2011 from the General Fund, certain or all City offices, departments, boards and commissions and from the Grants Revenue Fund, the Director of Finance - Provision for Other Grants to the General Fund"; and Bill No. 110295, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2011 from the Managing Director - Office of Fleet Management to the Managing Director - Office of Fleet Management"; and Bill No. 110296, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2011 within the Grants Revenue Fund from the Director of Finance - Provision for Other Grants to the Managing Director Division of Technology," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Thank you. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 110294, 110295 and 110296. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from the committee. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The next order of business is consideration of the Calendar. I note that the bills just reported from committee with suspension of rules have been deemed to have had a first reading. These bills will be placed on the Second Reading and Final Passage Calendar for our next session of Council. The Chief Clerk will please 5/12/11 - STATED - 1ST READING read any other bills on the First Reading Calendar.

Chief Clerk

Bill No. 110184, entitled "An ordinance amending Title 14 of The Philadelphia Code, relating to 'Zoning and Planning,' by amending Section 14-305(7)(e)(.2)(.b) by exempting certain corner lots from the application thereof; and amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Walnut Street, 8th Street, Locust Street, and 9th Street."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 100783, entitled "An ordinance amending Chapter 9-200 of The Philadelphia Code, entitled 'Commercial Activities on Streets,' by amending Section 9-205, entitled 'Sidewalk Sales,' by prohibiting sidewalk vending on certain portions of Castor Avenue from Oxford Avenue to Rhawn 5/12/11 - STATED - 1ST READING Street."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 110081, entitled "An ordinance amending Chapter 9-200 of The Philadelphia Code, entitled 'Commercial Activities on Streets,' by amending Section 9-205, entitled 'Sidewalk Sales,' by prohibiting sidewalk sales within the area bounded by and including both sides of East Tioga Street, Kensington Avenue, East Ontario Street, Potter Street, 'I' Street, East Westmoreland, 'F' Street, Kensington Avenue, East Monmouth Street, and Emerald Street."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 110231, entitled "An ordinance authorizing Liberty/Parkway 8th and Walnut, Limited Partnership, or its designee, to construct, use and maintain a marquee attached to the proposed 5/12/11 - STATED - 1ST READING building to be located at the southwest corner of 8th and Walnut Streets and projecting over the footways of 8th and Walnut Streets."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 110273, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 278 by striking from the City Plan and vacating Delaware Avenue from Robbins Street to Levick Street."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 110276, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 121 by striking from the City Plan and vacating the legally open portions of the westerly twelve feet wide portion of Thirty-Second Street from Glenwood Avenue to a point approximately twelve feet 5/12/11 - STATED - 2ND READING south of the southerly side of Master Street produced."

Council President Verna

The Chair agrees. The bills just read will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair now recognizes Councilwoman Tasco for the purpose of calling up bills and resolutions on the Second Reading and Final Passage Calendar to be considered today.

Councilwoman Tasco

Thank you, Madam President. The following resolutions and bills are being called up from the Second Reading and Final Passage Calendars today: Nos. 110349, 110350, 110351, 110352, 110353, 110354, 110355, 110356, 110186, 110209, 110228, 100874, 110182, 110183, 110232 and 110260. Resolution No. 110320 is being withdrawn. All other bills and resolutions are being held.

Council President Verna

Councilwoman, did you include 110232? It's on Page -

Councilwoman Tasco

Yes; 110232 and 110260.

Council President Verna

Thank you. Before considering these bills and resolutions, we will consider public comment as follows. Your public comment must concern matters on the Second Reading and Final Passage Calendar at today's session. All speakers must sign up in order to testify. If you have not already signed up for today's session, please do so by giving your name to the Sergeant-At-Arms at the table to my left. You will be called in the order in which your name appears on the sign-up sheet. You will be given three minutes to speak. At this time, I would ask the Chief Clerk to please read the name of our first speaker.

Chief Clerk

Antoinette Smart, commenting on 110186.

Council President Verna

Good morning. Welcome.

Ms. Smart

Good morning, Council President. Good morning, City Council. My name is Antoinette Smart and I am here representing the area of North Philadelphia. I had my papers all together. Just give me a minute. I'm a little nervous, Councilwoman.

Council President Verna

Just take your time.

Ms. Smart

I want to get this together. I was born and raised in Philadelphia. I represent the area of 8th and Diamond north to Lehigh Avenue, Lehigh Avenue west of Broad Street, south to Broad and Diamond Street, Broad and Diamond east to 8th Street. I am here under the Rescue Doctrine representing my community, which I have about 200 signatures. And I am the messenger. I stand here and we oppose the Bill 110186, development in my community, because we have no information about what's going on in our community. We have a representative that is supposed to be an agent for our community. Yes, we are predominantly black. We have a small amount of the melting pot. We always have. And we are low income. There are some who own; there are some who rent. But what we all have in common is that we're one community. The worst thing you can do to a community is not inform the community of what's going on. When we were approached, myself and some others who were born and raised there -- some of us don't live there; our families still live there and some have properties there -we were asked to find out what was going on in the community, because that is our duty as being born and raised in that part of the community. We did a little research, which started some years ago, and we found out that there were programs available to us that we could have acquired properties, things like that, but we were never informed. We have sent Darrell Clarke here to represent our community, to benefit our community, to enrich our community, but for some reason, we have been the last on the totem pole. We don't resent students at Temple. Temple has always been a fixture in our community, but what we do resent is that developers, Temple, they're pushing out our community. They're starting new ventures, things like that, that is supposed to enrich everyone, but instead, we're not being enriched at all. We found out some things from developers that, and I quote, like Las Vegas, as Temple prehabbed, housing rises. I have on my Las Vegas shirt because to me that symbolizes wheeling and dealing, and only a very, very small percentage, if any, benefit. I would like to submit this to the Chair. Also, some of the results, we have folks there that can't even pay $700 rent or $900 taxes. That's luxury to us in my particular area, and yet some of the outcomes that we have been finding out is affordable housing for sale at $90,000. And if they're first-time home buyers and you're $62,000 or less, this doesn't benefit the people who are there. We don't want a little rock in the middle of the center of all of this development saying, Well, this is where black folks resided. We may be poor in some areas, but we are enriched in that area. Tammi Terrell came from our area. McFadden and Whitehead came from our area. Arthur Hall came from our area. These are the legacies that are instilled in my community. We are rich. We are rich in spirit. We are rich in mind. We are being stereotyped, and we don't like it. We don't want that development there unless we are informed, have input, see where the benefit lies with us, and then we can share with others. We were used. Our neighborhood is 33 percent down in crime, the Hartranft community area. That is because we are a community. We are not little instant little groups and organizations. We don't know nothing about that. We are a community.

Council President Verna

Sorry. Ms. Smart?

Ms. Smart

I'm sorry, ma'am, but I just had to say to the Council before you say aye to this thing, just give it a little sincere thought, research, because we have been doing years of research, and by some unfortunate reason, that our -- Darrell Clarke, if you're there again, you must know, we're not going anywhere. We're going to defend our community. We're not going to get out there like people thought we were going to get out there and act, because we know and learned from the riots that occurred that SWAT was developed out of that. So we have children that are ready for the struggle, but I'm not going to put them in the line of fire. We're going to take this legal. We have a lot of doctrines that will cover us. We are an endangered species. We need -

Council President Verna

Ms. Smart, I'm sorry. Your time has been up a long time ago.

Ms. Smart

Okay. I thank you, ma'am.

Council President Verna

You're welcome.

Ms. Smart

A lot of these people can go back to their own countries. We only have our neighborhood.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Good morning. I want to first reference the particular bill in question that was just spoken on. First, I would like to say, I would like to offer you an opportunity to have a sit-down and discuss some of the issues that you raised. I was a little concerned about your reference to this particular bill that talks about a development that is in fact a development that was worked on by a local community organization for probably the last four or five years, and it is targeted as a result of the funding of both from the City of Philadelphia and from the state to provide housing for individuals making 60 percent below median income. So it is clearly targeted at low-income individuals. This development actually also has a first floor commercial space that will provide significant jobs to individuals in that local community. It is not sponsored or funded by Temple University. It is clearly targeted at individuals both who live in that community and individuals to move into the community. It was done by an organization, APM, that has also built upwards of 260 units of affordable for-sale homes just south of that. I just attended a meeting actually at the Cruz Recreation Center last night from residents from Hope VI. That was a PHA housing development that was mixed homeownership and mixed rental, again, all for low-income individuals. So that particular section that you reference has been clearly very aggressively rebuilt to incorporate opportunities for people for affordable housing. And I can say that I do know that there is some issues with respect to -- I've heard those in a couple of meetings about the ethnicities of people that live in that community. In all honesty, personally, I'm not going to feed into that.

Ms. Smart

That's not really even the point. The point is that -

Councilman Clarke

Ma'am?

Ms. Smart

-- it's been misdirected -