COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 2, 2004 10:50 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning. I note that the hour has come and that a quorum of this Council is present. The 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 Christopher Clark, Jr., from Mount Mariah Pentecostal Church. He is here today as the guest of Councilwoman Tasco and Councilwoman Miller. Will all guests and members please rise?
We honor this morning the President of the Council, to all Councilmen that are gathered. Shall we bow our heads. Eternal Father, our God, we stand this morning before you, pray that these, your people, have called to represent different parts of this great city. Lower your mantle of wisdom and understanding and guide them today. Help them to remember they are always presence. Give them the knowledge and wisdom as they embark about the business of today of this great City. Guide them to make right decisions. Do this, Father, because you have promised to grant this to your people. In your name we ask and believe that to be so. We thank you with all of our soul, our hearts, our spirits. Let the words of my mouth and the meditation of my heart be acceptable in thy sight, oh, Lord, my strength and my redeemer. Amen, amen and amen.
The Chair thanks Bishop Clark for his very inspiring invocation. Council will be at ease. (Council at ease.)
I'm going to call a very brief recess because I guess we're all trying to rush to get to our session, we did not go over the Calendar. (Brief recess.)
We will now reconvene our Council Session. The next order of business is the approval of the Journal of the meeting of Thursday, November 18, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, November 18, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting Thursday, November 18,2004, stand approved. All in favor indicate will indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and the meeting of Thursday, November 18, 2004, is approved. The next order of business is requests for leaves of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today a leave of absence is requested for Councilwoman Tasco and for Councilman DiCicco.
Thank you. A leave will be granted. The Chair recognizes Councilman Rizzo.
Madam President, leave is requested for Councilman O'Neill.
Leave will be granted. Thank you. 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 from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor. THE
To the President and Members of the Council of the City of Philadelphia, I am returning herewith without my signature Bill NO. 040760, passed by the Council on November 18th. And I am transmitting herewith for the consideration of your honorable body a resolution approving a revised Five-Year Financial Plan for the City of Philadelphia covering Fiscal Years 2005 through 2009. And I am transmitting herewith for the introduction and consideration of your honorable body an ordinance consenting to the transfer of control of Area 2 Cable Television franchise from Urban Cable Works of Pennsylvania to Time Warner Cable, Inc. And an ordinance authorizing the President of Fairmount Park Commission, the Executive Director of Fairmount Park and the Public Property Commissioner on behalf of the a ground lease with the School District Philadelphia under which the school district will lease from the City certain land in West Fairmount Park. And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to accept a deed from the School District of Philadelphia for that certain parcel of land commonly known as 8730 Old Lion Road. And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire by purchase condemnation or other means the properties located the 314 North 19th Street. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by striking from the City Plan and vacating Carlton street from 20th Street. And an ordinance authorizing the Commissioner of Public Property and the Director of Commerce on behalf of the City of Philadelphia to enter into a ground lease agreement with the Philadelphia Authority for Industrial Development providing for the leasing by the City to PAID of certain parcels of land and the improvements thereon. And an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, under the Redevelopment Assistance Capti tal Program in an aggregate amount not to exceed $113,770,000.
Thank you. The messages s will be printed in the Journal. The Chief Clerk will please read any other communications in her position. THE
Thank you. The next order of business is the introduction of bills and resolutions. And the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. 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 have six resolutions and one bill; two are on your behalf and one on the Administration's behalf.
Thank you. The Chief Clerk will please read the title of the bill. THE
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, under the Redevelopment Assistance Capital Program in an aggregate amount not to $113,770,000.
The bill will be referred to the appropriate committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 6th and 44th Wards of the City of Philadelphia.
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
And a resolution authorizing the Commissioner Public Property to execute and deliver to the Redevelopment Authority deeds located in the 36th ward of the City of Philadelphia.
The Chair again recognizes Councilwoman Blackwell.
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
And a resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in 36th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution urging the Administration to do everything possible to avoid laying off Philadelphia Police officers.
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.)
Councilman Kenney, do you want to be recognized?
I'm very happy to support this resolution as long as in the spirit we can concern ourselves with the fire fighters also, both police and fire. Thank you.
That request was made. We were afraid to change the title today given -
I'm fully IN supportive of it from the police officers' standpoint but I also want to make sure we mention our fire fighters, too. Thank you.
It has been moved and second. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution ace adopted. THE
And a resolution authorizing the Committee of the whole to conduct hearings to create an umbrella organization called Cap, Coordinated Approach Program, to handle criminal activity in our City.
Thank you, Madam President. We 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 Committee of the Whole. THE
And a resolution approving a revised Five-Year Financial Plan for the City of Philadelphia, covering Fiscal Years 2005 through 2009.
The resolution will be referred to the appropriate committee. Thank you. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Madam President, I have one resolution and one bill.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposed set forth in a resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter relating to rights over or in real estate by providing that Council may direct the City to replace any City-owned business closed because of condemnation by a government entity.
The bill will be referred to the appropriate committee. THE
And a resolution proposing an amendment to the Home Rule Charter relating to rights over or in real estate by providing that Council may direct the City to replace any City-owned building closed because of condemnation by a government entity.
This resolution will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
Thank you. The Chair recognizes Councilwoman Miller.
The Clerk will please read the title of the resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 13th Ward of 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.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I have three resolutions and three bills. The first resolution I'd like to be heard on.
Thank you. The Clerk will please read the title of the first bill. THE
An ordinance authorizing the President of Fairmount Park, the Executive Director of Fairmount Park and the Public Property Commissioner on behalf of the City of Philadelphia to enter into a ground leases with the school difficulties describing of Philadelphia.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to accept a deed from the School District of Philadelphia for that certain parcel of land commonly known 8730 Old Lion Road.
This bill will be referred to the appropriate committee. THE
And an ordinance authorizing the revision of lines and grades on a portion City Plan No. 299 by striking from the City Plan Domino Lane from Henry Avenue to Hagert Street, under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And a resolution commending Joseph R. Syrnick for his 34 years of service to the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. THE
And a resolution authorizing the commissioner of public property to execute and deliver to the redevelopment deeds located in the 34th and 38th Wards of the City of Philadelphia.
Thank you, 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. THE
And a resolution honoring the life and mourning the death of Obra S. Kernodle, III.
Thank you, Madam President. First, Madam President, let me correct the record. I should have indicated that the first two bills regarding the Microsoft High School, School of the Future, I introduced on behalf of myself, Councilwoman Blackwell and Councilwoman Blondell Reynolds Brown. Those first two bills are related to the high school, I'd like to correct the record on that. The second, Madam President, it is with a tremendously heavy heart that this resolution is offered recognizing a great friend and a mentor, someone very special to all of us. And while he may not have been elected, he may not have been appointed, possibly at times self-appointed to a variety of positions, the one thing that we all knew about Obra was that he could bring people together and we know that there will be many other occasions where we will be brought together by either in his memory or to respond to the many issues that he left us to deal with. So I know that generally we pass these resolutions in a variety of ways and we reserve the way we do that as we did a couple weeks ago for the late Ambassador Foglietta. As I indicated, he may have not been elected nor appointed but meant a great deal to many people in this room and worked with many of us on our various issues and in our careers. So I would only ask that as I call for passage of this resolution if we might recognize a good friend by standing.
Thank you. Those standing are voting in favor of the adoption of the resolution. (Councilmembers stand.)
The resolution is adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions this morning.
Thank you. The Chair recognizes Councilman Goode.
Thank you. The Chief Clerk will please read the title of the first resolution. THE
A resolution authorizing the Committee on Commerce and Economic Development to hold hearings to review the status of neighborhood commercial revitalization in Philadelphia.
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 Committee on Commerce and Economic Development. THE
And a resolution authorizing the Committee on Transportation and Public Utilities to hold hearings regarding the Philadelphia transit system lease between the City of Philadelphia and Southeastern Pennsylvania Transportation Authority and authorizing the Committee to issue subpoenas to compel the attendance of witnesses in the production of documents and other evidence.
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 has been adopted and will be referred to the Committee on Transportation and Public Utilities. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, first, before I introduce by bills, I'd like to recognize a group from the Community College of Philadelphia. It's a policy group. They're here to see what we do for a living and running the great City of Philadelphia, Ms. Gloria Bradley and members of the policy group. We'd like to ask them to stand.
If they would stand, we'd like to recognize you and say welcome. (Applause.)
Madam President, I offer four bills, one cosponsored by Councilwoman Blondell Reynolds and myself. And I have one resolution that I must ask you for a suspension of the Rules because I missed the 24-hour deadline.
When it's read, you'll ask for the suspension at that time.
The Clerk will please read the title of the first bill. THE
An ordinance authorizing the Commissioner of Public Property and the Director of commerce on behalf of the City of Philadelphia to enter to a ground leases agreement with the Philadelphia Authority for Industrial Development providing for the leasing by the City to Paid certain parcels of land and the improvements thereon to be acquired by the City.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire by purchase, condemnation or other means the properties located at 314 North 19th Street.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Bill No. 990728, approved December 6, 1999, entitled an ordinance authorizing the Commissioner of Public Property to the convey to the Redevelopment Authority of Philadelphia certain premises located at 1823-35 Callowhill Street.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by striking from the City Plan and vacating Carlton Street from 20th Street eastwardly approximately 94 feet, 4 inches to the dead-end and by placing on the City Plan a certain right-of-way.
This bill will be referred to the appropriate committee. THE
And a resolution authorizing City Council's Committee on Public Property and Public Works to hold public hearings on the development and implementation of public and private strategies for the renovation and use of the underutilized areas of City Hall.
Thank you, Madam President. Madam President, I ask for a suspension of the Rules to allow for consideration of this resolution today. (Duly seconded.)
I believe this resolution was circulated yesterday.
You're asking for suspension the Rules. Is there a second?
All those in favor will indicate by saying aye. (Aye.)
The ayes have it and we now have a suspension of the Rules. The Chair recognizes Councilman Clarke.
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 and will be referred to the Committee on Public Property and Public Works. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
The Chief Clerk will please read the title of the resolution. THE
A resolution recognizing, honoring and celebrating the Pennsylvania Academy Fine of Arts, home to American artists for its invaluable contributions to the arts as the oldest art school and museum of fine arts in the nation on the occasion of its 200th anniversary.
I move for the adoption of this resolution. (Duly seconded.)
It has seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. The next order of business is reports from committees. And the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee on the Whole reports out one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee of the Whole to No. 040759, entitled an ordinance amending Chapter 20-300 of the Philadelphia Code by changing the annual salaries of members of the Board of Revision of Taxes and members of the Board of Viewers, all under certain terms and conditions, respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040759. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040759. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bill just read will be placed on the First Reading Calendar for today. The Chair recognizes Councilwoman Krajewski for a report from the Committee on Appropriations.
Madam President, the Committee on Appropriations reports two bills a with a favorable recommendation.
Thank you. The Chief Clerk will please read the report. THE
To the President and Members and Council of the City of Philadelphia, the a Committee on Appropriations to which was referred Bill No. 040872, entitled an ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the General Fund from the Council to the Director of Finance; And Bill No. 040994, entitled an ordinance authorizing transfers in 2004 within the General Fund from certain or all City offices departments, boards and commissions to certain or all city offices, departments, boards and commissions, respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Krajewski.
Madam President, I move that the Rules of Council be suspended so as to permit first reading of Bills 040872 and Bill 040994. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040872 and 0409494. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on today's First Reading Calendar. At this time, the Chair recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.
Thank you, Madam President. The Committee on Licenses and Inspections reports five bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report. THE
To President and members of the Council of the City of Philadelphia, the Committee on Licenses and Inspections to which was referred Bill No. 040134, entitled an ordinance amending Title 4 of the Philadelphia Code entitled, "The Philadelphia Building Construction and Occupancy Code," by adding the East Passyunk Business Improvement District as deleted in 020431; And Bill No. 040869 entitled an ordinance amending Section 9-601 of the Philadelphia Code entitled, "Garages Parking Lots and Sale Show Rooms," to add a ne section regarding private parking lots and making certain technical changes; And Bill No. 040870, entitled an ordinance repealing Section 10-813 of the Philadelphia Code entitled "Swimming Pools," to include provisions for the safety and maintenance of swimming pools and enforcement of the same, under certain terms and conditions; And Bill No. 040871, entitled an ordinance amending Section 9-703 of the Philadelphia Code entitled "Dance Halls," and changing the name of the license to a special assembly occupancy license; And Bill No. 040907, entitled an ordinance amending Section 9-618 of the Philadelphia Code entitled "Sale of Spray Paint Containers, Indelible Markers and Etching Acid," all under certain terms and conditions, respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040134, 040869, 040870, 040871, and 040907. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040134, 04869, 040870, 040871, and 040907. All in favor will indicate by saying aye. (Aye.)
The ayes bills just read will be placed on today's First Reading Calendar. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar. Bill No. 040759, an ordinance amending Chapter 20-300 of the Philadelphia Code by changing the annual salaries of the members of the Board of Revision of Taxes and members of the Board of Viewers.
And Bill No. 040872, an ordinance authoring transfers in appropriation for Fiscal Year 2005 within the General Fund from the Council to the Director of Finance.
And Bill No. 040994, entitled an ordinance authorizing transfers in appropriation for Fiscal Year 2004 within the General Fund from certain or offices, departments, boards and commission to certain or all city offices, departments, boards and commissions.
And Bill No. 040134, an ordinance amending Title 4 of the Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by adding the East Passyunk Business Improvement District.
And Bill No. 040869, an ordinance amending Section 9-601 of the Philadelphia Code entitled "Garages, Parking Lots and Sale Showrooms," to add a new section regarding private parking lots and making certain technical changes.
And bill 040870, an ordinance repealing section 10-813 of the Philadelphia Code entitled "Swimming Pools," the safety and maintenance of swimming pools and enforcement of the same, under certain terms and conditions.