COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 17, 2009 10:15 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 DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MICHAEL 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
Good morning, everyone. I note that the hour has come and that a quorum is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. We are extremely honored this morning to have His Eminence Cardinal Justin Rigali deliver the invocation. He is here today as the guest of Councilwoman Krajewski. I would ask all members and guests to please rise. (Members and guests rise.) CARDINAL RIGALI: Good morning to all of you as we assemble for an invocation this morning. Let us pray. Almighty God and Father, we ask you to be near to us, assembled today for this new session of City Council as we ask your blessing and mercy in these times of special challenge. We seek your heavenly aid to guide all the efforts of integrity and dedication as they endeavor to serve those entrusted to their care. We pray for the Mayor and all who assist him in governing the City of Philadelphia to serve with honesty and compassion as they look to you for wisdom and right judgment. We pray for all who live in this great City of Philadelphia, especially those in difficult circumstances, to persevere with diligence and confidence as they depend on the direction and service of their leaders. May you never fail to show us your way of truth and fill us with the grace to have justice and charity as our legacy. We pray for this in the name of Jesus, the Lord. Amen. (Amen.)
The Chair thanks His Eminence for his very Council will be at ease. (Council at ease.) (Audience member reading loudly.)
Excuse me, sir. I'm sorry. Sir, thank you very much, but you are now out of order and we must proceed with our session. Thank you very much. The next order of business is the approval of the Journal of the meeting of Thursday, June 18, 2009, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Welcome back to the City of Brotherly Love and Sisterly Affection and democracy in action. I move that the Journal of the meeting of Thursday, June 18, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that meeting of Thursday, June 18, 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 leaves of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam Chair. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the minority, 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. The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Clerk. The Clerk will please read the messages.
From the Mayor to the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on June 19, June 23, 24, June 25, June 26, July 1 and August 17, 2009, I signed the remaining bills that were passed by Council at its session on June 11, 2009 and all of the bills that were passed by Council on June 18, 2009, except Bill No. 090292, which I have returned without my signature; and Pursuant to Section 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendations of the City Planning Commission on the following bills: 090468, 090472 and 090517; and I am transmitting herewith for the consideration of your honorable body a resolution providing for the approval by the Council of the City of Philadelphia of a revised Five-Year Financial Plan for the City of Philadelphia covering Fiscal Years 2010 through 2014; and Six resolutions reappointing current members to the Board of Directors of the Center City District; namely, Fisher, Randall Scott, George Burrell, Christopher Terlizzi, Larry Howard and Ernest Jones; and Also three resolutions appointing new members to the Board of Directors of the Center City District; namely, David Marshall, Ahmeenah Young and William Walsh; and Also an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 97 by striking from the City Plan Marshall Street from Bainbridge Street to Kater Street; and An ordinance authorizing the paving of 26th Street from Penrose Avenue to a point approximately 1,832 feet southwardly therefrom; and An ordinance authorizing Vilna Gaston, owner and operator of Festivals Restaurant, to operate and maintain an open-air sidewalk cafe located at 5222 through 24 Walnut Street; and An ordinance authorizing the revision of lines and grades on a portion 42 by placing on the City Plan a right-of-way for drainage purposes extending from 33rd Street to 32nd Street, northeast of South Street; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 118 by striking from the City Plan the southerly 20-foot-wide portion of Diamond Street from 10th Street to Alder Street; and An ordinance authorizing the vacating of Edom Street from Arendell Avenue to Linden Avenue; and An ordinance amending Section 2 of an ordinance, Bill No. 070504, approved July 3, 2007, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 197 by striking from the City Plan and vacating the legally open portions of Casper Street from Tioga Street to Russell Street"; and 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, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Clerk will please read any other communications in his possession.
Thank you. At this time, the Chair recognizes Councilman Rizzo.
Thank you, Madam President. Madam President, I'm pleased to report that U.S. Airways, a significant presence here in Philadelphia, is holding their corporate meetings, and representatives, managers, employees from all over the world are here in Philadelphia, and I'm fortunate to have Jeanette Bislick, who is the station manager of a great place, the country of Aruba, visiting us. So let's welcome Jeanette.
Welcome. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
I have three bills, one on your behalf, and two resolutions.
The Clerk will please read the title of the first bill.
An ordinance amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending Subcode "PM," by requiring the periodic inspection of the exterior walls and appurtenances of certain buildings.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-206 of The Philadelphia Code, entitled "Sidewalk Vendors in Neighborhood Business Districts," by creating the Oregon Avenue Business Corridor District.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 19-203 of The Philadelphia Code, entitled "Payroll Deductions," to add the United Service Organizations to the list of designated payees.
This bill will also be referred to the appropriate committee.
And a resolution authorizing the Joint Committees on Legislative Oversight and Commerce and Economic Development to hold public hearings to examine the ongoing leasing procedures at the Philadelphia International Airport.
The Chair recognizes Councilman Kenney for a motion on the resolution.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded. All in favor will say aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee.
And a resolution recognizing the Society Hill Playhouse on the occasion of celebrating their 50th Anniversary season.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce three bills.
Thank you. The Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Market Street, Farragut Street, Chestnut Street and 49th Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Vilna Gaston to construct, own and maintain an open-air sidewalk cafe at 5222 through 24 Walnut Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 42 by striking from the City Plan a right-of-way for drainage purposes extending from 33rd Street to 32nd Street, northeast of South Street.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I offer one resolution, which I'd like to speak on very briefly.
Co-sponsored by Councilwoman Tasco, Councilwoman Krajewski and Councilwoman Sanchez.
A resolution opposing the proposed closing of many postal offices in Philadelphia.
Thank you, Madam President. Very briefly. I believe it's very important for Council to go on record showing their concern of the proposed closing of many of these local offices in Philadelphia. As is shown by the list that was distributed in caucus this morning, these closings affect just about every neighborhood in the City of Philadelphia. These proposed closings are particularly injurious to senior citizens and low-income residents who may not be able to drive to a more distant location and/or have ready access to a computer, and I think that should be a real concern for all of us. I also wanted to recognize and welcome and commend the members of the American Postal Workers Union, who are kind of standing out there with all those signs back there, who are here today under the leadership of their President Gwen Ivey. Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. (Applause.)
Thank you, Madam President. I offer two bills and one resolution.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending Section 2 of an ordinance, Bill No. 070504, approved July 3, 2007, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 197 by striking from the City Plan and vacating the legally open portions of Casper Street from Tioga Street to Russell Street."
The bill will be referred to the appropriate committee.
And an ordinance authorizing the vacating of Edom Street from Arendell Avenue to Linden Avenue.
This bill will be referred to the appropriate committee.
And a resolution urging the Mayor to consider a Tax Amnesty Program for the City of Philadelphia.
The Chair recognizes Councilwoman Krajewski for a motion on the resolution.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the paving of 26th Street from Penrose Avenue to a point southwardly therefrom.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one bill and seven resolutions.
Thank you. The Clerk will please read the title of the bill.
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.
The bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Joint Committees on Public Health and Human Services and Public Safety to hold a public hearing to investigate current policies, procedures and standards in all schools located in the City of Philadelphia.
The Chair recognizes Councilwoman Miller for a motion.
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 will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on Commerce and Economic Development to hold a public hearing to assess current policies and procedures utilized by publicly-held and other corporate entities and their efforts to increase diversity and minority inclusion in the workplace.
The Chair recognizes Councilwoman Miller for a motion.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee.
And a resolution proclaiming September 2009 as "National Preparedness Month."
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 proclaiming September 2009 as "National Alcohol and Drug Addiction Recovery Month."
Again, the Chair recognizes Councilwoman Miller.
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 September 2009 as Childhood Cancer Awareness Month in honor of childhood cancer patients, caregivers, survivors and those children who have succumbed to the disease.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution proclaiming October 3rd and 4th of 2009 as "Praise is the Cure Weekend" in Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution celebrating 25 years of awareness, education and empowerment, and proclaiming October 2009 as "National Breast Cancer Awareness Month."
Again, the Chair recognizes Councilwoman Miller.
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 two resolutions.
The Clerk will please read the title of the first resolution.
A resolution recognizing September 21st, 2009 as Alzheimer's Awareness Day in the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution honoring and congratulating the Northeast Times Newsweekly on its 75th Anniversary.
Again, the Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I move for its 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. I have two resolutions, one of which I will speak on briefly.
The Clerk will please read the title of the first resolution.
A resolution calling upon the Administration to submit to Council immediately a further revised Five-Year Plan that does not include an assumption about the state providing additional court funding and to provide all requested detail regarding such plan.
Thank you, Madam President. Despite press reports to the contrary, I'd like to make it clear for the record and City Council that we did not approve Plan C. We waived our right to review it so that we spoke with one voice in Harrisburg in seeking approval there. I still support the Mayor's efforts in Harrisburg, and I ask Harrisburg to take action immediately on our legislative agenda there. However, Plan C has now been rejected by PICA. They have requested a modified Plan C that complies with the law. This means they will not vote on our current Plan C, the same as a rejection. A modified Plan C will have to be submitted to Council if we don't get approval by the end of the day tomorrow. This resolution requests that a modified Plan C be submitted to Council forthwith so we have time to review it before we would have to take action next Thursday. Thank you, Madam President. I move for the adoption.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Committee on Streets and Services to hold hearings to assess the results of the Streets Department's dedicated bike lane pilot program on Spruce and Pine Streets in Center City.
The Chair recognizes Councilman Green for a motion.
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 committee. The Chair recognizes Councilman Jones.
Good morning, Madam President. One bill, three resolutions, and I'd like to speak to the resolution on the House of Umoja.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Section 14-1637 of The Philadelphia Code, entitled "City Avenue Regional Center and City Avenue Village Center Special District Controls."
The bill will be referred to the appropriate committee.
And a resolution authorizing the Joint Committee on Housing, Neighborhood Development and the Homeless and Licenses and Inspections to hold the hearings previously authorized by Resolution No. 090306, adopted April 16, 2009.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee.
And a resolution authorizing Council's Committees on Commerce and Economic Development and Public Health and Human Services to hold joint hearings on the lack of retail medical clinics in chain stores within the City.
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 will be referred to the appropriate committee.
And a resolution recognizing and celebrating the House of Umoja on its 41st Anniversary of combatting gang violence in Philadelphia's urban communities.
Thank you, Madam President. Today I introduce a resolution celebrating the House of Umoja's 41st Anniversary in combatting gang violence in the City of Philadelphia and other urban communities. We also have a book here, "No Gang War in '74" written by Stephen Satell, who is also here and I'd like to recognize. But I want to point out a time in the City of Philadelphia's history where the gang violence was such that they had a daily gang count. A lot has changed, but a lot has remained the same. But we thank them for one year where there were zero gang deaths, and we want to replicate that now and forevermore, and I want to recognize Dave Fattah, who is also here, who is a co-founder of the House of Umoja. (Applause.)
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 Goode.
Thank you, Madam President. I offer two bills and one resolution.
The Clerk will please read the title of the first bill.
An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled "Philadelphia 21st Century Minimum Wage and Benefits Standard," by providing that those who violate the Chapter may be suspended from receiving financial assistance from the City or from bidding on or participating in future City contracts.
The bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment of the Philadelphia Home Rule Charter confirming Council's power to enact ordinances that require the City, City contractors and recipients of City financial assistance to provide their employees a minimum level of pay and benefits, and/or that require certain or all City contracts to include provisions mandating compliance with such a requirement.
The bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter confirming Council's power to enact ordinances that require the City, City contractors and recipients of City financial assistance to provide their employees a minimum level of pay and benefits, and/or that requires certain or all City contracts to include provisions mandating compliance with such a requirement.
Thank you, Madam President. I failed to mention the legislation was co-introduced by Councilwoman Sanchez. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded -it's a Charter change. I'm sorry. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one bill today co-sponsored by colleague Councilman Jones and one resolution co-sponsored by Councilmembers Blackwell, Tasco and Green.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Chapter 9-400 of The Philadelphia Code, entitled "Carriers," by adding a new Section 9-410, entitled "Pedicabs," to provide for the licensing and regulation of businesses operating Pedicabs for hire.
The bill will be referred to the appropriate committee.
And a resolution recognizing October as Parent Appreciation Month at the School District 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. Councilwoman Brown, did I understand you to say that you had two resolutions?
I have one resolution, Madam President. I'm actual co-sponsor on the others that we'll hear about later.
Very well. Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I have six bills, nine resolutions to be referred to committee, and four privileged resolutions.
Thank you. The Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 8th Street, Filbert Street, 9th Street and Market Street.
The bill will be referred to the appropriate committee.