COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 3, 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 MICHAEL A. 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
I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Ms. Joyce Baum Lee of the SGI USA Buddhist organization. She is here today as the guest of Councilman Greenlee. I would ask all members and guests to please rise. (Guests and members rise.)
I'd like to express my appreciation to Councilman William Greenlee and Council President Anna Verna for this opportunity to share a prayer with you. In his essay "Creating an Oasis of Friendship" published on September 20th of this year, Dr. Daisaku Ikeda, the President of the world peace organization Soka Gakkai International, writes, "Great rivers steadily flow onward, nourishing the land as they wind their way through mountains, valleys and green fields. Emerging from its source, a river grows as countless tributaries merge, but no matter how many twists and turns it takes along its journey, it never loses sight of its final destination, the sea." Dr. Ikeda goes on to say, "Peace is a universal wish of humankind. However, where is the key to peace to be found?" The American scholar, Dr. Elise Boulding, once said, "Peace is not only about taking action in times of danger; it is also about assisting one another in daily life. The family and the local community are key starting points." Dr. Boulding said she always made a point of getting to know her neighbors, because when people know each other, they are and assist each other. This is where peace begins. In this same spirit, may all of us gathered here today pray for this august body of dedicated leaders to never lose sight of its final destination, which is the prosperity and security of the citizens of our great City of Philadelphia. Today, let us make a fresh determination for our city and its communities of working people and young people. Each one of us here can make a difference through the power of one, as precious individuals standing up with courage. Let us pray and take action from today onward to turn Philadelphia into an oasis of friendship in these troubled times. Let us pray for a city that can be an example throughout America or a place where citizens care about maintaining their peaceful and safe communities. Let us pray today and every day lose sight of this final destination, and let's always remember the power of faith, the power of prayer and the power of one person standing up for peace. Thank you very much.
Thank you. The Chair thanks Ms. Baum Lee for her 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 19th, 2009, and the Chair recognizes Councilman Clarke.
Thank you, Madam Chair. I move the Journal of the meeting of Thursday, November 19th, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, 19th, 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 leave of absence, and, again, the Chair recognizes Councilman Clarke.
Thank you, Madam Chair. On behalf of the majority, a leave of absence is requested for Councilwoman Tasco.
The Chair thanks the gentleman. 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.
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. At this time, the Chair recognizes Councilman Rizzo, who will present a resolution honoring Navy Captain and Astronaut Christopher Ferguson. Will Captain Ferguson and those accompanying him please join the Councilman at the podium. Councilman Rizzo is being Krajewski, Councilman Kelly and Councilman O'Neill. The Chair recognizes Councilman Rizzo.
Thank you very, very much, Madam President, and, again, I'd like to welcome Captain Christopher Ferguson from NASA and his mom and his step dad here today in our Chamber. 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. Whereas, Navy Captain Christopher Ferguson is a native of Northeast Philadelphia, a graduate of St. Martha's grade school, Archbishop Ryan, which we have some of the executive and students here today with us, Archbishop Drexel University, where he majored in mechanical engineering; and
Whereas, Captain Ferguson, a true Philadelphia success story -- I added -- was commissioned from the Navy ROTC program at the University of Pennsylvania. He received his Navy wings in Kingsville, Texas in 1996 and was ordered to the F-14 Tomcat Training Squadron in Virginia Beach, Virginia. After a brief period of instruction, he joined the Red Rippers, a VF-11 deploying to the North Atlantic, Mediterranean and Indian Ocean on board the USS Forrestal CV-59. While with VF-11, he also attended the Navy Fighter Weapons School, Top Gun. I'm not sure if we're more impressed with the astronaut part or Top Gun. He was selected for the Naval Post Graduate Test Pilot School program in 1989 and graduated in 1992. Through 1994, he was assigned to the Weapons Branch of the Strike Aircraft Test Directorate at the Naval Air Station Patuxent River, Maryland where he served as the Project Officer for the F-14D Weapons Separation program, becoming the first pilot to release several types of air-to-ground weapons from the Tomcat. He served one year as an instructor at the Naval Test Pilot School before joining the Checkmates of VF-211 in 1995 and completing a deployment to the Western Pacific/Persian Gulf in defense of the Iraqi no-fly zone on board the USS Nimitz, CVN-68. He briefly served as an F-14 Logistics Officer for the Atlantic Fleet prior to his selection to the space program. And we're only one-third through.
And whereas, Captain Ferguson reported to the Johnson Space Center in August 1998. Following the completion of two years of evaluation, he was initially assigned technical duties in the Astronaut Office Spacecraft Systems Branch involving the Shuttle main engine, external tank, solid rock boosters and software. He next served as Spacecraft Communicator, CAPCOM, and he was the lead CAPCOM for STS-118 in August 2007. He served as pilot on the STS-115 Atlantis September 9-21, 2006, which successfully restarted assembly of the International Space Station. During the 12-day mission, the crew delivered and installed the massive P3/P4 truss segment and two sets of solar arrays, providing one-quarter of the station's power. The crew also performed over 30 hours of robotic work using the Shuttle's robotic arm as well as three space walks to complete the truss installation;
Whereas, on his STS-126 Endeavor mission, Captain Ferguson and his crew carried a reusable logistics model that holds supplies and a crew of six on the International Space Station, including additional crew quarters, regenerative life support system and a resistive exercise device, all of which will promote knowledge of outer space that will enable us to further explore the moon, Mars and the universe beyond; and Whereas, Captain Ferguson is the recipient of the Defense Meritorious Service Medal, the Navy Strike Flight Air Medal, three Navy commendation medals, the Navy Achievement Medal and various other service awards/citations;
And whereas, Captain Ferguson's message to our youth is to stay in school, that science and math are cool and that challenges of energy production, pollution, global warming and so on require a new generation of young men and women who are passionate about science and who want to understand these for the world good; and Whereas, Captain Ferguson is an extraordinary person whom we have come to regard with great admiration and affection and who we claim as one of our own great Philadelphians.
Now, therefore, be it resolved, that the City Council of Philadelphia 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. Further resolved, that an engrossed copy of this resolution be presented to the Captain and the National Aeronautics and Space Administration Astronaut Chris Ferguson further evidencing the sincere admiration and gratitude of this legislative body. Congratulations, Captain. (Applause.)
Madam President, we have some representatives both from Drexel University and also of Archbishop Ryan. So, Archbishop Ryan, could you start off, please. MR. McARDLE: Good morning. My name is Mike McArdle. I'm the President of Archbishop Ryan High School. My colleagues and I, along with our Student Council officers, are grateful to Council and specifically Councilman Rizzo for inviting us to be here today. Since 1966, more than 30,000 young men and women have attended Archbishop Ryan High School and graduated to become committed citizens of our region. Many still reside in Philadelphia, and Ryan is proud to continue to serve the people of this of Captain Ferguson and his wonderful achievement. Today, you honor this 1979 graduate of our school, who left our city to serve in the U.S. Navy and the space program, the service for which we are deeply grateful. Archbishop Ryan High School is proud to claim Captain Christopher Ferguson as a distinguished graduate of our school. Chris' faith, courage, integrity, determination and commitment are an example to us all. On behalf of the Ryan community, I am grateful to the Council for honoring Chris and allowing us to participate in this wonderful event. Thank you. (Applause.)
And, finally, Dean Guceri from Drexel University, Drexel's School of Engineering. Dean. GUCERI: Good morning. Chris, it is with great honor and pleasure I congratulate you for your recognition. We are proud of what Chris Ferguson was able to accomplish, and on behalf of Drexel University, we extend a wholehearted congratulations. By the way, Chris also was chosen our Engineer of the Year for 2009 and he has received an honorary degree from Drexel University this past spring. Again, my sincere congratulations. (Applause.)
And next, Captain Chris Ferguson. (Applause.) CAPTAIN FERGUSON: To Councilman Rizzo and the rest of the City Council, thank you so much for this honor. And it truly is that. I've had several very rich and rewarding experiences in life, but I've done most on the shoulders of giants. A few of them are here today. I have my educational foundation here in the City of Philadelphia, Archbishop Ryan, Drexel University. My mom has been kind enough to come down and spend some time with us this morning. And it's not just these as well. The astronauts are probably the most visible part of our space program, but there are literally tens of thousands who help us get the space shuttle up and down about six times a year safely and who support the International Space Station, who has been in orbit with humans aboard for nine years now. The Space Shuttle program will end at the end of this year. Probably a fairly little known fact. And there's going to be a gap in human space flight. We'll probably pick up again near the end of 2018-ish, and in that period of time, we're going to need to maintain our vigilance and maintain our leadership in So, again, I thank you for the honor, City Council. And, you know, this is probably one of the few times that anyone has ever offered to give something absolutely free to the City of Philadelphia, but I have something for you. And to Councilman Verna, I have a presentation. This is a Pennsylvania state flag that was flown aboard the Space Shuttle Endeavor in late 2008. It completed 251 orbits of the Earth, over 6.6 million miles, and we returned it specifically to give to the City Council. Perhaps you would find a place on the wall you can hang this up. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
At this time, the Chair recognizes Councilwoman Brown, who will present a Beta Sorority. Will Ms. Dana Moore and those accompanying her please join the Councilwoman at the podium. I see Councilwoman Brown is being joined by Councilman Goode.
Thank you, Madam President. This morning we are congratulating Zeta Phi Beta Sorority Incorporated, Beta Delta Zeta Chapter on 65 years of continuous service to the Philadelphia community. Whereas, Zeta Phi Beta Sorority Incorporated was founded January 16th, 1920 on the campus of Howard University in Washington, DC by Arizona Cleaver Stemons, Myrtle Tyler Faithful, Viola Tyler Goings, Fannie Pettie Watts and Pearl Anna Neal; and Whereas, Zeta Phi Beta Sorority was founded on the simple principle that sorority elitism and socializing should mission for progressive organizations to address societal ills, prejudices, poverty and health concerns of the day; and
Whereas, since its inception, the sorority has chronicled a number of firsts. Zeta Phi Beta was the first Greek letter organization to charter a chapter in Africa in 1948, to form adult and youth auxiliary groups, to centralize its operations in the national headquarters and to be constitutionally bound to a fraternity, Phi Beta Sigma Fraternity Incorporated; and Whereas, the Philadelphia graduate chapter, Beta Delta Zeta, was founded October 14th, 1944. Philly Zetas are celebrating 65 years of continuous service. It's a year-long initiative dedicated to the care, uplifting and empowerment of senior citizens for a series of outreach programs, educational seminars and partnership efforts, and a free senior fair; and Whereas, the United States Census Bureau recently released data reflecting an anticipated 40 percent increase in the senior citizen population over the next five years, prompting Beta Delta Zeta Chapter to focus on the needs of this growing population; and
Whereas, the Chapter's more than 100 members perform voluntary service in areas of educating the public, mentoring youth, providing scholarships, supporting organized charities and promoting legislation for social and civic change in Philadelphia and the surrounding communities. Now, therefore, be it resolved, by the Council of the City of Philadelphia, that we hereby congratulate and celebrate Zeta Phi Beta Sorority Incorporated, Beta Delta Zeta Chapter on 65 years of continuous service to our resolved, that an engrossed copy of this resolution be presented to the leadership and membership of Zeta Phi Beta Sorority Incorporated, Beta Delta Zeta Chapter as evidence of the sincere appreciation of this legislative body. Introduced by Councilwoman Blondell Reynolds Brown and indeed supported by all members of the Philadelphia City Council. Congratulations. (Applause.)
Good morning. On behalf of our over 100 members, to Councilwoman Blondell Reynolds Brown, to Madam Chair, we say thank you, and we look forward to 65 years of continuous service after today. Thank you. (Applause.)
The Chair now recognizes Councilman Jones, who will present a resolution honoring the contributions Native Americans have made to the Philadelphia area. Will Chief Buffy Red Feather Brown and those accompanying her please join the Councilman at the podium. And I see the Councilman is being accompanied by Councilwoman Sanchez and Councilman Green.
It has often been said that our country is a melting pot, and if indeed that is true, the first ingredient in that melting pot was the Native American, and today we stand to recognize Native American Heritage Day, recognizing the contributions of Native Americans to our country and the contributions they have made to the Commonwealth of Pennsylvania, the City of on the occasion of Native American Heritage Day, which occurs every Friday after Thanksgiving. Whereas, Pennsylvania has a rich Native American culture comprised of several Indian tribes, including the Cherokee Indians. The Southeast Cherokee Confederation of Pennsylvania was designated as an official Cherokee group in July of 1988, with Philadelphian Buffy Red Feather Brown appointed as Chief, and now counts for 18,000 Native Americans in the Commonwealth of Pennsylvania; and
Whereas, Philadelphia has benefited from the Southern Cherokee's confederacy contributions to cultural preservation, linguistics, education and the arts. Some of their accomplishments include sponsoring the Cherokee Festival, maintaining a four-year scholarship fund and preserving the tribal language, among many other achievements; and Whereas, on July 26th, 2009, Congress enacted the Native American Heritage Day Act of 2009 honoring the contributions of Native Americans to the United States as local and national leaders, artists, athletes, scholars who enhanced the political, cultural and economic life of this country;
Whereas, President Barack Obama has proclaimed November 2009 as National Native American Heritage Month to reflect his commitment that these communities have a meaningful voice in our national policy debates as we confront the challenges facing all Americans. Now, therefore, resolved, by the Council of the City of Philadelphia, that we recognize the contributions Native Americans have made to the Philadelphia area and the country on the occasion of Native American Heritage Day.
Be it resolved by Council that the City of that Native Americans have made in the Philadelphia area and our nation on the occasion of Native American Day. Be it resolved. (Applause.)
The Chair recognizes Chief Red Feather for remarks. CHIEF RED FEATHER: Osiyo, and thank you for inviting us. We are deeply honored and I am humbled that we are here once again to accept a special resolution from the City of Philadelphia City Council. We appreciate all of the support you have shown to us over the years. It's interesting, in the late 1700s, Cherokee women met at Independence Hall with Benjamin Franklin, and there they were received. So we are still here receiving special awards from you. I'd like to thank City Council for all of the support you've always continue to go into schools, colleges and universities with our history throughout Philadelphia and surrounding areas. Once again, I'd like to also thank my Tribal Council, who are with me today. They are ordinary people who do extraordinary things, and they make me look good. Thank you so much. (Applause.) CHIEF RED FEATHER: I also would like to present -- it is our tradition that we bring gifts when we're invited somewhere. I have a basket for Councilman Jones and also a basket made of gifts for the President. Wado.
The 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 December 1, 2009, I signed all of the bills that were passed by Council at its session on November 19, 2009, except Bill No. 090672; and I am transmitting herewith for the introduction and consideration of your honorable body the following: Two resolutions reappointing current members to the Board of Directors for the Old City Special Services District; namely, Harvey Spear and Sheryl Bar; and Two resolutions appointing new members to the Board of Directors for the Old City Special Services District; namely, Arthur Holst and Stephanie Wall; an ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the General Fund and within the Water Fund from the Department of Public Property to the Managing Director - Division of Technology; and An ordinance authorizing transfers in appropriations for Fiscal Year 2010 from the General Fund, certain or all City offices, to the Grants Revenue Fund, the Managing Director Division of Technology, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions, and at this time, the Chair recognizes Councilman Kenney.
Thank you, Madam President. On your behalf I offer one bill. I also offer three resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 9-206 of The Philadelphia Code, entitled "Sidewalk Vendors in Neighborhood Business Districts."
The bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on Legislative Oversight to hold public hearings to evaluate Philadelphia International Airport's current resources for international travelers.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The aye have it, and the resolution will be referred to the appropriate committee.
And a resolution authorizing the Committee on Streets and Services to hold public hearings to investigate the School District of Philadelphia's recycling policy.
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 will be referred to the appropriate committee.
And a resolution congratulating Major General Wesley E. Craig for his immeasurable contributions and lifelong service to his country.
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 Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Krajewski.
The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the General Fund from the Department of Public Property and the Department of Public Property - Telecommunications to the Managing Director - Division of Technology.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2010 from the General Fund, certain or all City offices, departments, boards and commissions, and from the Grants Revenue Fund, the Director of Finance - Provision for other grants.
This bill will be referred to the appropriate committee, and the Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one bill and two resolutions, two resolutions on the behalf of Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance establishing a one-way regulation on Old York Road, from 66th Avenue to 65th Avenue, southbound.
The bill will be referred to the appropriate committee.
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.)
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 Sanchez.
Thank you, Madam President. I offer no resolutions today.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Jones.
Thank you, Madam President. A trifecta. No bills or resolutions.
Thank you, Madam President. I offer no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. One resolution this morning.
Thank you. The Chief Clerk will please read the title.
A resolution requesting that members of the Pennsylvania Congressional Delegation support increased research funding that commensurates with the burden of the disease so that the screening and treatment of prostate cancer may be improved.
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 Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer seven resolutions. Earlier I indicated one bill. I'm going to hold that bill. So it will be just seven resolutions.
Very well. Thank you. The Chief Clerk will please read the title of the first resolution.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 recognizing and honoring the history of the United States and its importance to Philadelphia maritime history and the country as a whole.
Again, the Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 recognizing and appreciating the United States Coast Guard Sector Delaware Bay for protecting the region's ports, providing maritime safety, policing our water -
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 Stephanie Wall to the Board of Directors for the Old City Special Services District.
The resolution will be referred to the appropriate committee.
And a resolution appointing Arthur Holst to the Board of Directors for the Old City Special Services District.
This resolution will also be referred to the appropriate committee.
And a resolution reappointing Sheryl Bar to the Board of Directors for the Old City Special Services District.
The resolution will be referred to the appropriate committee.
And a resolution reappointing Harvey Spear to the Board of Directors for the Old City Special Services District.
The resolution will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have two bills, two resolutions, 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 No. 307 by striking from the City Plan and vacating Cherry Street from Broad Street to Carlisle Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-203 of The Philadelphia Code, entitled "Street Vendors," and Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales."
This bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee of the Whole to hold public hearings on the procedures that the City currently employs to collect delinquent taxes.
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 will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia conditional fee simple title to certain lots or pieces of ground situate in the 32nd Ward of the City of Philadelphia.
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 Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees, and the Chair recognizes Councilwoman Krajewski from the Committee on Appropriations, please.
Thank you, Madam Chairman. The Committee on Appropriations offers two bills out with a favorable recommendation -- I'm sorry.
Six bills. I'm giving you the wrong one. I'm distracted. Thank you.
To the President and members of the Council of the City of Philadelphia, the Committee on Appropriations, to which was referred Bill No. 090736, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the Grants Revenue Fund"; and Bill No. 090737, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the Aviation Fund"; and Bill No. 090738, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the Water Fund"; and Bill No. 090739, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the General Fund"; and Bill No. 090740, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2009 Fund"; and Bill No. 090831, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2010 from the Grants Revenue Fund," 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.
I move that the rules of Council be suspended as to permit first reading this day of Bills 090736, 090737, 090738, 090739, 090740 and 090831. (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 the bills just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilman DiCicco for a report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports one bill out with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Streets and Services, to which was referred Bill No. 090780, entitled "An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled 'Refuse and Littering,' to require certain property owners either to pay a fee for City waste hauling or to demonstrate that the business or property owner has a private provider of waste and recycling disposal services, 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. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that Bill No. 090780 -- the rules of Council be suspended so as to permit first reading this day of Bill No. 090780. (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 the committee. All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilman Kenney for a report from the Committee on the Environment.
Thank you, Madam President. The Committee on the Environment reports one bill out with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on the Environment, to which was referred Bill No. 080025, entitled "An ordinance 17-100 of The Philadelphia Code, entitled "Procurement Contracts," providing that any contract for the construction, extension or major renovation of certain buildings, paid for with public funds, contain a provision requiring the contractor to certify that a certain level of energy and design efficiency will be achieved," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I move the rules of Council be suspended so as to permit first reading this day of Bill No. 080025. (Duly seconded.)
It been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bill just reported from committee. All in favor will please say aye. (Aye.)
The ayes have it, and the bill will be placed on our First Reading Calendar for today. Council will now proceed under a special order of business, a resolution re-calling Bill No. 090672. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I offer one resolution, and because this resolution was not circulated yesterday, I move that the rules of Council be suspended. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit consideration of Councilman Clarke's resolution at this time. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. The Clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 090672 for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
It has been moved and 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 Chief Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am returning herewith, as requested by your resolution adopted December 3, 2009, Bill No. 090672 for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
The Chair recognizes Councilman Clarke for a motion that Council reconsider the vote by which Bill No. 090672 was passed.
All in favor will please signify by saying aye. (Aye.)
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 090672 was passed has been reconsidered. The Chair recognizes Councilman Jones.
Thank you, Madam President. I offer an amendment to 12/3/09 - STATED - 1ST READING Bill No. 090672. A copy of this amendment has been circulated to all members of Council, and I move for the adoption of the amendment. (Duly seconded.)
It has been moved and properly seconded that the amendment to Bill No. 090672 be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and Bill No. 090672 has been amended. This bill will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The next order of business is the consideration of the Calendar. I note that the bills just reported from committees with suspension of the rules 12/3/09 - STATED - 1ST READING have been deemed to have had a first reading. The bills will be placed on our Second Reading and Final Passage Calendar for our next session of Council. I would ask the Chief Clerk at this time to please read the bills on the First Reading Calendar.
Bill No. 090687, entitled "An ordinance amending Bill No. 090212, entitled 'An ordinance to adopt a Capital Program for the six Fiscal Years 2010 through 2015 inclusive,' by revising and adding certain projects, amounts and sources."
And Bill No. 090688, entitled "An ordinance amending Bill No. 090213, entitled 'An ordinance to adopt a Fiscal 2010 Capital Budget,' by revising and adding certain projects, amounts and sources, all under certain terms and conditions."
The 12/3/09 - STATED - 2ND READING Chair agrees. Thank you. These bills will be placed on our Second Reading and Final Passage Calendar for our next session of Council. At this time, the Chair recognizes Councilman Clarke for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Madam President, Bill Nos. 090119-A, 090471, 090472, 090517, 090571, 080746, 090776 and 090778 are being called for the Second Reading and Final Passage Calendar today. Bill Nos. 090568-A, 090714 and 090691 are being amended. All other bills are being held.
Thank you very much. The Chief Clerk will please read the title of Bill No. 090119-A.
An ordinance amending Chapter 19-2600 of The 12/3/09 - STATED - 2ND READING Philadelphia Code, entitled "Business Privilege Taxes," by adding the definition of "certified sustainable business."
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.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090568-A.
An ordinance amending Title 4 of The Philadelphia Code, amending Subcode -- by requiring the periodic inspection of the exterior walls and appurtenances of certain buildings.
Thank you, Madam President. I would like to offer an amendment to this bill. It's been circulated, and I move the adoption of the amendment. 12/3/09 - STATED - 2ND READING (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chief Clerk will please read the title of Bill No. 090714.
An ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing," and Chapter 12-2400 of The Philadelphia Code, entitled "Towing and Immobilizing of Parked or Abandoned Vehicles," by reducing the amount towing companies can charge owners of recovered stolen or illegal used vehicles.
The 12/3/09 - STATED - 2ND READING Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, this particular amendment has been circulated. It essentially reduces the amount for recovery of stolen vehicles, and I would like to offer this amendment at this time. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. We will now consider Bill No. 090691.
An ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing," to 12/3/09 - STATED - 2ND READING prohibit the towing of vehicles identified as reported stolen unless an attempt has been made by the Police to give the vehicle owner an opportunity to recover the vehicle before the vehicle is towed.
Thank you, Madam Chair. This amendment has been circulated and I would like to offer it at this time. I move that it be adopted. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Chief Clerk will please 12/3/09 - STATED - 2ND READING read the title of Bill No. 090471.
An ordinance to amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Ridge Avenue, Sedgley Avenue, Diamond Street and Glennwood Avenue.
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.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090472.
An ordinance amending Bill No. 080588 (approved December 22, 2008), 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 Arch Street, 18th Street, Cuthbert Street and 19th Street. 12/3/09 - STATED - 2ND READING
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.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090517.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Walnut Street, 42nd Street, Locust Street and 43rd Street.
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.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090571.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an 12/3/09 - STATED - 2ND READING area bounded by Market Street, Farragut Street, Chestnut Street and 49th Street.
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.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 080746.
An ordinance amending Section 17-104 of The Philadelphia Code, relating to "Prerequisites to the Execution of City Contracts," by adding a new subsection prohibiting the acceptance of bids on City contracts from, or the execution of original or renewal contracts with, corporations or other business entities that do business in Iran or Sudan.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 12/3/09 - STATED - 2ND READING call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. 12/3/09 - STATED - 2ND READING We will now consider Bill No. 090776.
An ordinance authorizing the Commissioner of the Department of Parks and Recreation, on behalf of the City of Philadelphia, to enter into a License Agreement between the City of Philadelphia and Juniata Golf Foundation under which Juniata Golf Foundation would operate, manage and maintain Juniata Golf Course as a public golf course.
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.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The last bill to be considered is Bill No. 090778.
An ordinance authorizing the Commissioner of the Department of Parks and Recreation to enter into a license agreement between the City of Philadelphia and Impact 12/3/09 - STATED - 2ND READING Services Corporation under which Impact Services Corporation would operate, manage and maintain Walnut Lane Golf Course as a public golf course.
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.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. This concludes our Calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilman Jones.
Thank you, Madam President. Next month President Obama will be bringing together industry leaders, businesses, labor leaders to discuss the can create jobs. Today, as we speak, our Mayor and Congressman Brady and Congressman Fattah are having a similar discussion about how we can translate the Recovery Act to include everyday blue-collar, white-collar workers within the City of Philadelphia. These are important steps. I'd like to also thank Councilman Clarke for asking that Council be represented on all matters of Recovery, and to that end, we are working with both the Administration and private sources to try to put our arms around this whole Recovery Act and translate it into jobs and tax ratables for the City of Philadelphia. Della Clark in West Philly will be hosting a Business-to-Business Forum Monday, December 7th from 9:00 to 12:30 out at 46th and Market. I think this is an important step of bringing information about contract opportunities and participation from underserved businesses, disadvantaged businesses and minority businesses. This is a joint effort between this Administration, the City Council of the City of Philadelphia and all those parties interested in obtaining contracts for Recovery. So I think we are making baby steps, but steps in the right direction to put America and Philadelphians back to work. Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I know all of my colleagues have read in the papers and seen the reporting on the tragic death of Joaquin Rivera, and while we need to explore what happened in this case -- and Aria Frankford Hospital is an important -- I don't want that to be the last thing that people remember about Joaquin Rivera. Joaquin Rivera was a great man, a humanitarian, a musician, an activist, a Puerto Ricano who served this community for many, many years. As an Olney counselor, I met him when I was 15 years old. He was very active in everything that had to do with Puerto Rican pride, cultural preservation and language preservation. He worked with me on many initiatives: Boricua First, National Congress for Puerto Rican Rights and many other things. Many of you had had an opportunity to see him, if not hear him, because he has participated in all of the events that I have hosted here in City Council, bringing to us full-core Puerto Rican music. Personally, Joaquin is one of the shining examples of the potential that we have as human beings. He believed in the best of everybody, and he could make our communities and this city great. It is a shame that he has died under these circumstances, and we in Council here should play a role in ensuring that no one ever dies under these conditions, but I did not want that to be the last memory that you had of Joaquin. I apologize to Joaquin for what he went through, and I apologize that this is the way many people in the City of Philadelphia who were not blessed to know him will remember him, but I want my colleagues and this Council to know that Joaquin Rivera is one of the shining examples of a Philadelphian who believed not only in his Puerto Rican community, but believed that we were a great city. Thank you.
Thank you, Madam President. My brief remarks go to the question raised by Councilwoman Sanchez, and, that is, what role, if any, is there for this body to look more closely at that incident. Mr. Rivera's death indicates that no place is sacred when it comes to crime, including hospital emergency rooms. No citizen, no matter how vulnerable, is exempt from dying what may have been a preventable death even in hospital emergency rooms. So for sure, this case raises a host of troubling questions, and for me the principal question is, first, what are the best practices and what I call standard operating procedures for any hospital emergency room. And then, secondly, where does this particular hospital facility measure up. So, yes, I will be calling on Council Committee on Health and Human Services for us to have hearings to examine openly and hear and learn what are the standard operating procedures, and I will certainly be asking my colleague Councilwoman Sanchez to co-sponsor that resolution with me. Thank you, Madam President.
You're welcome. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. We remind our colleagues and their constituents about the Partnership for Prescription Assistance and discounted medicine table again is outside in our hallway. Thank you.
Thank you. Are there any other speeches? (No response.)
Seeing none, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, December 10th, 2009, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, December 10th, 2009 at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:30 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on December 3, 2009, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)