COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, November 20, 2008 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 DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF 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 of this Council is present. Members will take their seats and visitors will retire to the seats outside the rails. At this time, I would ask all of my colleagues to please stand for a moment of silent prayer for our former colleague Carol Ann Campbell, who passed away yesterday. (Members and guests stand for moment of silence.)
May she rest in peace. Please remain standing. To give our invocation this morning, the Chair welcomes Reverend Thomas Ritter, Pastor of the Second Macedonia Baptist Church. He is here today as the guest of Councilwoman Tasco. Welcome, Reverend.
Shall we all Merciful, eternal God, our Father, thou who art the giver of life and life everlasting, thou who implanted in the hearts and minds of these who lead the City through this Council to serve your people with joy and thanksgiving, we thank you for all who are in attendance, and we pray, Lord, that whatever is done here will bless your people and glorify your name. In Jesus' name we pray and for his sake. Amen. (Amen.)
The Chair thanks Reverend Ritter for his invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, November 13, 2008. recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, November 13, 2008 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, November 13, 2008 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, Councilwoman Maria Quinones-Sanchez has requested a leave of absence.
Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
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 At this time, the Chair recognizes Councilwoman Tasco, who will present a resolution honoring the 50th anniversary of Reverend Thomas Ritter's leadership of the Second Macedonia Baptist Church. Will Reverend Ritter and those accompanying him please join the Councilwoman at the podium. And I see that Councilwoman Tasco is being joined by Councilman Goode and Councilwoman Miller.
Good morning, everyone. The other day when we were having hearings in Council on reverse mortgages, we had a witness come before us who named a number of people who had given their lives and their hearts to working in public service for all of the citizens of Philadelphia, and we so quickly forget the many contributions that are made by individuals who go into public service and freedom for all. Today we have such a person, who has given much of his life to the welfare of the City of Philadelphia, the United States and this world, and I am just so pleased to have known him and know him and know that his church is in my district, and we have worked together for so many years, as have most of us in this room. So I am pleased to present this resolution honoring the 50th anniversary of Reverend Thomas J. Ritter's pastoral leadership of Second Macedonia Baptist Church. Whereas, the Council of the City of Philadelphia is pleased and proud to honor Thomas J. Ritter on the 50th anniversary of his pastoral leadership of Second Macedonia Baptist Church -- Second Macedonia, as we call it -- and for his several years of civic and community service to the citizens and institutions of the City of Philadelphia; and Whereas, Reverend Thomas J. Ritter was born in 1922 in Allendale, South Carolina and later his family settled in York, Pennsylvania, and in 1942, Reverend Ritter came to Philadelphia and he enrolled in Temple University and later at Eastern Baptist College, where he received his theological education; and
Whereas, Reverend Ritter had served as the Associate Pastor of Enon Tabernacle Baptist Church, Enon, and at the request of Enon's Senior Pastor, the late Reverend William B. Toland, Reverend Ritter came to Second Macedonia; and Whereas, when Reverend Ritter came to Second Macedonia, it was located at American and Dauphin Streets and had only six members, and now after 50 years and four moves, Second Macedonia has a substantial membership and is located at 1301 West Ruscomb Street, where they recently renovated the church sanctuary;
Whereas, in the 1950s, Reverend Ritter met and worked with the late Reverend Leon Sullivan of Zion Baptist Church. Together they operated North Philadelphia Youth Employment Service Center, which located jobs for underemployed youth. As a result of this work, they established the Opportunities Industrialization Center, OIC, in which Reverend Ritter was an OIC co-founder and its first Executive Director; and Whereas, Reverend Ritter is one of the most influential and well-respected members of the clergy in the Greater Philadelphia community. In this regard, he served on numerous boards, commissions, including, but not limited to, the Philadelphia National Bank, the Eastern Theological Seminary, the Philadelphia Human Relations Commission and the Philadelphia Gas Works.
Resolved, by the Council of the City of Philadelphia, that we hereby recognize and congratulate Reverend Ritter on his 50 years of pastoral leadership of Second Macedonia Baptist Church and for his several years of civic and community service to the citizens and institutions of the City of Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to Reverend Ritter as evidence of the sincere sentiment of this legislative body. This is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 18th day of September 2008. Sponsored by Tasco, Goode, Miller and all members of City Council. We congratulate you, Reverend Ritter, on 50 years of wonderful and outstanding service. (Applause.)
The Chair recognizes Reverend Ritter for remarks.
Madam Chair Lady and all members of the Council, particularly these Councilmembers who have recommended that I receive this honor, thank you so very, very much. Accompanying me, of course, is one of the members of my church and, of course, my dear wife, and I'm glad they were here to see what's happening to me. (Applause.)
Thank you, Madam President. I'd like to introduce to members of Council and invited guests the next leaders in urban policy, urban public policy. Please let us welcome the Eastern University, led by their professor, Dr. Joseph Meade, Sr. Please stand.
You're welcome. The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on November 16, 2008, I signed the following bills that were passed by Council at its session on November 13, 2008: Bill No. 080741 and Bill No. 080742; and On November 19th, I signed all of the bills that were passed by Council at its session on November 6, 2008; and I am transmitting herewith for the introduction and consideration of your honorable body a resolution reappointing a current member to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion; namely, Michael Woodward, term to expire January 5, 2014, and appointing a new member to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion; namely, Gary S. Brandeis, term to expire January 5, 2013; and A resolution authorizing the Executive Director of the Philadelphia City Planning Commission to apply for funding for the purpose of conducting a planning study in connection with the Hunting Park Industrial Park; and An ordinance authorizing Fiscal Year 2008 within the General Fund to certain or all City offices, departments, boards and commissions; and An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Water Fund to certain or all City offices, departments, boards and commissions; and An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Aviation Fund to certain or all City offices, departments, boards and commissions; and An ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land, with the improvements thereon, situate 4601 Market Street; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 297 by relocating, widening and extending Keely Street; and An ordinance authorizing the grades on a portion of City Plan No. 231 by striking from the City Plan certain unopened portions of Umbria Street; and An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 314 and 356 by placing on the City Plan an extension of Tinicum Boulevard from its existing terminus at 86th Street to Bartram Avenue.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution honoring the life of Lieutenant Governor Catherine Baker Knoll.
Madam President, I move the adoption of the resolution by a standing yes vote.
All those standing will be voting in the affirmative. (All Councilmembers standing.)
The resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land, with the improvements thereon, in an area bounded by 46th Street, Market Street, Haverford Avenue and 48th Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending transfers in appropriations for Fiscal Year 2008 within the Aviation Fund to certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund to certain or all City offices, departments, boards and commissions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Water Fund to certain or all City offices, departments, boards and commissions.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one bill and one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 314 and 356 by placing on the Plan an extension of Tinicum Boulevard from its existing terminus at 86th Street to Bartram Avenue.
The bill will be referred to the appropriate committee.
And a resolution finding that a negotiated private sale of General Obligation Bonds is in the best financial interest 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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have two resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance continuing the Chestnut Hill Business Improvement District beyond the date of termination of the District in the area that generally includes both sides of Germantown Avenue from 7640 to 8705, both sides of Bethlehem Pike from 10 to 105 and certain blocks of streets that intersect that portion of Germantown Avenue.
The bill will be referred to the appropriate committee.
And a resolution that the City Council of Philadelphia calls upon the Commonwealth of Pennsylvania to allow Pennsylvania voters the opportunity of no excuse, in-person early voting at election offices or other satellite locations.
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 initiating action to continue the Chestnut Hill Business Improvement District beyond the date of termination of the District in the area that generally includes both sides of Germantown Avenue from 7640 to 8705.
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. Those on the balcony, please be very careful. You can hold that, but... The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Jones.
Thank you, Madam President. I have three bills and four resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 231 by striking from the City Plan certain unopened portions of Umbria 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. 297 by relocating, widening and extending Keely Street.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 12-901 of The Philadelphia Code, entitled "Stopping, Standing or Parking Prohibited at Certain Places."
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 4th District 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.)
And a resolution appointing Gary S. Brandeis to the Board of Directors of the City Avenue Special Services District.
This resolution will be referred to the appropriate committee.
And a resolution reappointing Michael Woodward to the Board of Directors of the City Avenue Special Services District.
This resolution will be referred to the appropriate committee.
And a resolution authorizing the Executive Director of the Philadelphia City Planning Commission to apply for funding through the Commonwealth's Land Use Planning and Technical Assistance Program.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions this morning.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions this morning.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Philadelphia Regional Port Authority, the owner and developer of 1901 South Christopher Columbus Boulevard, and its successors and assigns to construct, own and maintain various encroachments to be installed in conjunction with a warehouse development, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Madam President, I offer one resolution in honor of the memory of Sergeant Timothy Simpson, Badge No. 387, and I ask my colleagues to stand for a moment of silence, indicating approval of this resolution.
Thank you. All those standing will be voting in favor of the resolution.
A resolution naming Holme Avenue between Academy Road and Roosevelt Boulevard and the streets at the intersection of Allegheny and Aramingo Avenues in honor of Sergeant Timothy Simpson, Badge No. 387. (All Councilmembers standing.)
The resolution is adopted. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 20th Ward of the City of Philadelphia.
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. Is Councilman Kelly in the room? (No response.)
Madam President, I understand he's here, but delayed upstairs.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution recognizing, honoring and celebrating the Center City Proprietors Association on the occasion of its 30th anniversary.
Madam President, I move for the adoption of the this resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution that the Philadelphia City Council is pleased and proud to hereby recognize and honor Navy Captain and National Aeronautics and Space Administration Astronaut Christopher Ferguson, Mission Commander of the Space Shuttle Endeavor, during its 15-day flight to rebuild the International Space Station.
Madam President, I move for the adoption of this resolution.
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 Kelly.
The Chair thanks the gentleman. The next order of business is reports from committees. The Chair recognizes Councilwoman Tasco for a report from the Committee of the Whole.
Madam President, the Committee of the Whole reports six bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee of the Whole, to which was referred Bill No. 080853, entitled "An ordinance amending certain Sections of Title 4, Title 6, 9, 14 and 16 related to license and permit fees and other charges by modifying the amount of such fees, under certain terms and conditions"; and Bill No. 080854, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code, by revising certain tax rates, all under certain terms and conditions"; and Bill No. 080855, entitled "An 19-1500 of The Philadelphia Code, entitled 'Wage and Net Profits Tax,' by revising certain tax rates and making technical changes"; and Bill No. 080856, entitled "An ordinance amending Section 9-305 of The Philadelphia Code, by revising the amounts of certain fees and penalties and the number of permissible false alarms"; and Bill No. 080858, "An ordinance amending Title 6 of The Philadelphia Code by revising permitting provisions and license and permit fees related to asbestos work"; and Bill No. 080859, entitled "An ordinance amending certain Sections of Title and Title of The Philadelphia Code relating to license and permit fees and other charges by modifying the amount of such fees, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a
Thank you. The Chair recognizes Councilwoman Tasco.
I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080853, 080854, 080855, 080856, 080858 and 080859. (Duly seconded.)
It has been moved and properly seconded. All those in favor will indicate by saying aye. (Aye.)
The bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilman Kenney for a report from the Committee on
Thank you, Madam President. The Committee on Rules reports out six bills with favorable recommendations.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 080724, entitled "An ordinance amending Section 14-305 of The Philadelphia Code, entitled 'C-4 and C-5 Commercial Districts,' by negating any setback over 65 feet in height for lots designated C-5 in the area bounded by 15th Street and Arch Street"; and Bill No. 080751, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Section 14-1619, 'Frankford Avenue Special District Controls'"; and Bill No. 080754, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 'B' Street, Erie Street, 'G' Street and Tioga Street"; and Bill No. 080756, entitled "An ordinance amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Roberts Avenue, Wissahickon Avenue, Hunting Park Avenue and Fox Street"; and Bill No. 080789, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Ditman Street and Harbison Avenue"; and Bill No. 080790, entitled "An ordinance to amend the Philadelphia the zoning designations of certain areas of land located within an area bounded by Ditman Street, Cottman Avenue, Keystone Street and Hellerman," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Madam President, I move the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080724, 751, 754, 756, 789 and 790. (Duly seconded.)
It has been moved and properly seconded. All in favor will say aye. (Aye.)
The it, and the bills just read will be placed on our First Reading Calendar for today. The Chair again recognizes Councilman Kenney for a report from the Committee on the Environment.
Thank you, Madam President. The Committee on the Environment reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on the Environment, to which was referred Bill No. 080758, entitled "An ordinance amending Title 9 of The Philadelphia Code by providing for certain requirements regarding the efficient operation of air conditioning and cooling systems in certain buildings and structures," 11/20/08 - STATED - 1ST READING respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. Then the bill will be placed on our First Reading Calendar for our next session of Council. The next order of business is consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 080853, an ordinance amending certain Sections of Titles 4, 6, 9, 14 and 19 related to 11/20/08 - STATED - 1ST READING license and permit fees and other charges by modifying the amount of such fees.
And Bill No. 080854, an ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits and alternative tax computation for the business privilege tax.
And Bill No. 080855, an ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," all under certain terms and conditions.
And Bill No. 080856, an ordinance amending Section 9-305 of The Philadelphia Code, by revising the amounts of certain fees and penalties and the number of permissible 11/20/08 - STATED - 1ST READING false alarms.
And Bill No. 080858, an ordinance amending Title 6 of The Philadelphia Code by revising permitting provisions and license and permit fees relating to asbestos work.
And Bill No. 080859, an ordinance amending certain Sections of Title and Title related to license and permit fees and other charges by modifying the amount of such fees.
And Bill No. 080724, an ordinance amending Section 14-305 of The Philadelphia Code, entitled "C-4 and C-5," by negating any setback over 65 feet in height for lots designated C-5 in the area bounded by 11/20/08 - STATED - 1ST READING 15th and Arch Streets.
And Bill No. 080751, an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-1619, entitled "Frankford Avenue Special District Controls."
And Bill No. 080754, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by "B" Street and Tioga Street.
And Bill No. 080756, an ordinance amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 11/20/08 - STATED - 1ST READING Roberts Avenue and Fox Street.
And Bill No. 080789, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Ditman Street and Harbison Avenue.
And Bill No. 080790, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Ditman Street, Cottman Avenue, Keystone Street and Hellerman Street.
The Chair agrees. The Chair now recognizes Councilwoman Tasco for the purpose of calling up bills on the Second Reading and Final Passage Calendar. 11/20/08 - STATED - 2ND READING
Thank you, Madam President. I offer a motion to recommit Bill No. 080638. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 080638.
An ordinance authorizing the installation of a left turn green arrow traffic signal at the intersection of Crescentville Road and Adams Avenue.
I move for the adoption of the motion. (Duly seconded.)
The ayes have it, and the bill will be recommitted to the Streets Committee. That concludes our hearing for today. Are there any speeches on the part of the minority? (No response.)