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Minutes

Stated Meeting, December 1, 2005

Philadelphia City CouncilDec 1, 2005

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Council President Verna

This bill will be referred to the appropriate committee, and the Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I have two bills.

Council President Verna

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

Chief Clerk

An ordinance regulating the movement of traffic on Chestnut Street; in particular, authorizing right turns to be made from Chestnut at certain intersections in Center City.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing and directing the City, including the Fairmount Park Commission, the Commissioner of Public Property and the City Solicitor, to request that CSX Transportation remove its signal shed located in the vicinity of the intersection of Schuylkill River Trail and the overpass of Vine Street Expressway.

Council President Verna

This bill will be referred to the appropriate committee, and the Chair recognizes Councilman Kelly.

Councilman Kelly

Madam President, I have no bills or resolutions today.

Council President Verna

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

Councilman Rizzo

Madam President, I have one resolution.

Council President Verna

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

Chief Clerk

A resolution recognizing, honoring and celebrating Nicholas Lezzi on the occasion of his retirement as Chief of Staff to the President of PECO, faithfully and excellently served the people of Philadelphia for over three decades.

Council President Verna

The Chair recognizes Councilman Rizzo.

Councilman Rizzo

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. business is reports from committees, and the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.

Councilwoman Blackwell

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

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 of the Whole, to which was referred Bill No. 050669, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 050669. (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 Bill No. 050669. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The it, and the bill just read will be placed on today's First Reading Calendar. The Chair at this time recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Madam, President, the Committee on Appropriation reports four bills out with a favorable recommendation.

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 Appropriations, to which was referred Bill No. 051091, entitled "An ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Aviation Fund to the Director of Finance"; and Bill No. 051092, entitled "An ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Water Department"; and Bill No. 051093, entitled "An ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the General Fund to certain or all City offices, departments, boards and commissions"; and Bill No. 051101, entitled "An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the General Fund to certain or all City departments, boards and commissions," 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

Madam President, I move that the rules of Council be suspended so as to permit of Bill 051091, 051092, 051093 and 051101.

Council President Verna

Do I hear a second? (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 Bill Nos. 051091, 051092, 051093 and 051101. All in favor will please say 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 Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services.

Councilman Dicicco

Thank you, on Streets and Services reports ten bills with a favorable recommendation.

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 Streets and Services, to which was referred Bill No. 050857, entitled "An ordinance amending Section 2 of an ordinance, Bill No. 020429, approved November 13, 2002, entitled 'An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 258 by striking from the City Plan and vacating Brill Street from Torresdale Avenue'"; and Bill No. 050859, entitled "An ordinance establishing a no truck parking and tow away zone regulation for an area bounded by and within Vine Street to Haverford Avenue"; and 050860, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 299"; and Bill No. 050861, entitled "An ordinance amending Section 5 of an ordinance, Bill No. 050468, approved June 16, 2005, by extending the period for compliance with authorization conditions therein"; and Bill No. 050862, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Business, Trades and Professions,' by adding provisions, regulations and operations for tour buses"; and Bill No. 050863, entitled "An ordinance amending Section 12-1117 of The Philadelphia Code, entitled 'Physically Handicapped and Disabled or Severely Disabled Veteran Parking,' by amending the provisions relating to metered parking for physically handicapped persons"; and 050864, entitled "An ordinance amending Title 12 of The Philadelphia Code, entitled 'The Traffic Code,' by providing for the establishment of parking for motor-driven cycles and similar motor vehicles"; and Bill No. 050949, entitled "An ordinance amending Section 2 of an ordinance, Bill No. 040505, approved June 21, 2004, by extending the time for compliance with conditions stated therein"; and Bill No. 050952, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271"; and Bill No. 051098, entitled "An ordinance authorizing Temple University Health Systems and Hunting Fox Associates to construct and maintain a pedestrian bridge over and across Stokley Street."

Council President Verna

Thank you. The Chair recognizes Councilman

Councilman Dicicco

Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of the ten bills that have just been read into the record. (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 of the bills just read by the Chief Clerk. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the bills just read as indicated will be placed on today's First Reading Calendar. The next order of business is the consideration of the Calendar. The 12/1/05 - STATED - 1ST READING Chief Clerk will please read the bills on the First Reading Calendar.

Chief Clerk

Bill No. 050669, an ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits and alternative tax computation for the business privilege tax by reducing certain tax rates, all under certain terms and conditions.

Council President Verna

The Chair agrees, and recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Madam President. I have an amendment I'd like to offer to this bill, and since it's on first reading, I would ask for a suspension of the rules to allow that. (Duly seconded.)

Council President Verna

It has been moved and seconded that the rules of Council be suspended so as to permit an amendment to Bill No. 050669. All in favor will please say aye. 12/1/05 - STATED - 1ST READING (Aye.)

Council President Verna

Those opposed? (No response.)

Councilwoman Brown

No.

Council President Verna

The record will reflect that Councilwoman Brown votes no. Everyone else voted in the affirmative. Thank you, and the Chair now recognizes Councilman O'Neill again.

Councilman O'Neill

I'd like to offer the amendment.

Council President Verna

Has the amendment been circulated, Councilman?

Councilman O'Neill

Yes, it has.

Council President Verna

I don't think the Chief Clerk has to read the amendment into the record. Was a copy given to the stenographer? THE STENOGRAPHER: Yes. 12/1/05 - STATED - 1ST READING

Council President Verna

Every Councilmember has a copy of the amendment before them. So, again, I would recognize Councilman O'Neill.

Councilman O'Neill

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and Bill No. 050669 has been amended. The Chief Clerk will please read the next bill.

Chief Clerk

Bill No. 051091, an ordinance authorizing transfers in appropriation for Fiscal Year 2005 within 12/1/05 - STATED - 1ST READING the Aviation Fund to the Director of Finance - Fringe Benefits.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 051092, an ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Water Fund to the Water Department.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 051093, an ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the General Fund to certain or all City offices, departments, boards and commissions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 051101, entitled "An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the General Fund to certain or all City offices, 12/1/05 - STATED - 1ST READING departments, boards and commissions."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050857, an ordinance amending Section 2 of an ordinance, Bill No. 020429, approved November 13, 2002, entitled "An ordinance authorizing revision of lines and grades on a portion of City Plan No. 258."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050859, an ordinance establishing a no truck parking and tow away regulation for an area bounded by and within Vine Street to Haverford Avenue.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050860, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 299 by striking from the City Plan Domino Lane from Henry Avenue 12/1/05 - STATED - 1ST READING to Hagner Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050861, an ordinance amending Section 5 of an ordinance, Bill No. 050468, approved June 16, 2005, by extending the period for compliance with authorization conditions therein.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050862, an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding provisions regulating the operation of tour buses.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050863, an ordinance amending Section 12-1117 of The Philadelphia Code, entitled "Physically Handicapped and Disabled or Severely Disabled Veteran 12/1/05 - STATED - 1ST READING Parking."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050864, an ordinance amending Title 12 of The Philadelphia Code, entitled "The Traffic Code," by providing for the establishment of parking for motor-driven cycles and similar motor vehicles.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050949, an ordinance amending Section 2 of an ordinance, Bill No. 040505, approved June 21, 2004, by extending the time for compliance with conditions stated therein.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050952, an ordinance authorizing the direction of lines and grades on a portion of City Plan No. 271 by placing on the City Plan Florist Street. 12/1/05 - STATED - 2ND READING

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 051098, an ordinance authorizing Temple University Health Systems and Hunting Fox Associates to construct and maintain a pedestrian bridge over and across Stokely Street.

Council President Verna

The Chair agrees. That concludes our First Reading Calendar. The Chair recognizes Councilwoman Blackwell for the purpose of calling up the bills to be considered on our Second Reading and Final Passage Calendar.

Councilwoman Blackwell

Thank you, Madam President. Today all bills on are being held. On , we will consider Bill No. 050831-A. All other bills are being held, as are bills on , 4 and 5. On , we will consider 12/1/05 - STATED - 2ND READING Bill Nos. 050615 and 740. , 050741, 745, 746, 747 and 829, which are all bills on . On and , we will likewise hear all bills, Bill No. 050830, 817, 050830, 040817, 040769, 050014, 050613, all on . Bill Nos. 051023, 24, 748, 050202, and as we've said, all other bills are being held.

Council President Verna

Thank you. At this time, I would ask the Chief Clerk to please read the title of Bill No. 050831-A.

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code, relating to zoning and planning, by modifying the conditions under which amendments to the Institutional Development District are approved by City Council, under certain terms and conditions.

Council President Verna

This bill having been read on two different 12/1/05 - STATED - 2ND READING days, the question now is shall the bill pass finally. Councilwoman Tasco, your light is on. Did you want to be recognized before the roll call?

Councilwoman Tasco

No.

Council President Verna

Thank you. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman 12/1/05 - STATED - 2ND READING Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. 12/1/05 - STATED - 2ND READING

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 050615.

Chief Clerk

An ordinance amending Section 17-104 of The Philadelphia Code, entitled "Prerequisites to the Execution of City Contracts," if such depository has disclosed slavery policies sold by it or its profits from slavery, to provide the City with a statement of financial reparations, all under certain terms and conditions."

Council President Verna

This bill having been read on two different days, the question now is shall the bill 12/1/05 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano. 12/1/05 - STATED - 2ND READING

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are zero. A 12/1/05 - STATED - 2ND READING majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 050740.

Chief Clerk

An ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," by providing for a tax credit against real estate taxes for a member of the National Guard or a reserve component of the Armed Forces of the United States.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman 12/1/05 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. 12/1/05 - STATED - 2ND READING

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 050741.

Chief Clerk

An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by excluding from tax any compensation paid to active duty military personnel or to members of the National 12/1/05 - STATED - 2ND READING Guard who are called to active duty.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.