COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 19, 2007 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN CAROL ANN CAMPBELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILMAN DANIEL SAVAGE COUNCILWOMAN MARIAN B. TASCO MICHAEL DECKER, 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 Reverend Kevin Palmer, Assistant Pastor of the Second Mt. Zion Baptist Church. He is here today as the guest of Councilman Kenney. I would ask all members and guests to please rise. (Everyone rises.)
President Verna, to Councilman Kenney and to all the Council, we thank you. Let us pray. Lord, you have been our dwelling place in all generations before the mountains were formed and even you formed the earth and the world, even from everlasting to everlasting, thou art God, that, we come to you this morning seeking your mercies, seeking your grace, thanking you that you've kept us thus far. We're ever mindful, Father, that your servant, Solomon, when you asked him, What would you have me to do, could have sought riches, fame and glory, but he asked, Give me wisdom that I might lead your people. So today I ask, Lord, that you would give them wisdom that they might lead your people. We ask it in the name that is above every name, your servant's prayer. Amen. (Amen.)
The Chair thanks Reverend Palmer for his very inspiring 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, April 12, 2007, and the Chair recognizes
Thank you, Madam President. I move that the Journal of the meeting of Thursday, April 12, 2007 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, April 12, 2007 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the Journal of the meeting of Thursday, April 12, 2007 is approved. The next order of business is requests for leave of absence, and the Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the majority.
The Chair thanks the Councilwoman. 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 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. time, the Chair recognizes Councilwoman Miller, who will present a resolution commemorating April 21st as National Youth Service Day in Philadelphia. Will Ms. Erin Hartshorn and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Miller, who is being joined by Councilman Greenlee and Councilwoman Brown.
Good morning, everyone. Commemorating April 21, 2007 as National Youth Service Day in Philadelphia and recognizing the host, Greater Philadelphia Cares, whose mission is to give positive direction to our young people and to make a positive difference in our communities. Whereas, Greater Philadelphia Cares will host National Youth Service Day on April 21, 2007 for the greater and celebrate the contributions of vast numbers of young people who participate in their programs; and
Whereas, National Youth Service Day is the largest youth service event in the nation, mobilizing young people to identify the needs of their communities and address them through service - recruiting the next generation of volunteers and educating the public about year-round youth community leadership activities; and Whereas, on National Youth Service Day, a public awareness campaign will highlight the valuable and productive contributions young people are making throughout the region and their communities 365 days a year; and Whereas, young people will design and facilitate service-learning projects in a broad variety of areas, ranging from literacy to healthcare, aid elderly, help for the hungry or homelessness and concern for the environment; and
Whereas, young people, their leaders and young service workers, in coalition with Greater Philadelphia Cares, are operating and producing projects in areas such as community development, blight removal, social services, assistance to seniors or people with disabilities, AIDS/HIV-related services and animal care; and Whereas, Greater Philadelphia Cares continues to succeed in its mission to support the creation of vibrant communities by motivating people to volunteer their time, their talents and resources, providing a clear path to service for all, enhancing the impact of non-profit agencies throughout the greater Philadelphia region; and Whereas, Greater Philadelphia Cares, through its mission, strives to of us all regarding the critical social and quality-of-life needs in all communities in and around our city, our region and nation, which then increases our capacity to care and serve. Now, therefore
Resolved, by the Council of the City of Philadelphia, that we commemorate April 21, 2007 as National Youth Service Day in Philadelphia and recognize the host, Greater Philadelphia Cares, for its valuable contributions to our communities. Further resolved, that an engrossed copy of this resolution be presented to Greater Philadelphia Cares, as further evidencing the sincere admiration and gratitude of this legislative body. Certification, this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 15th day of 2007, signed by Anna C. Verna, President of City Council, introduced by Donna Reed Miller and Blondell Reynolds Brown and co-sponsored by all members of City Council. Thank you. (Applause.)
Good morning. On behalf of Greater Philadelphia Cares, it is my honor to accept this resolution. Since 1994, Greater Philadelphia Cares has been mobilizing volunteers to participate in community service projects that produce tangible results. Whether it has been cleaning a park, teaching a child to read or spending time with seniors, Philadelphia Cares' volunteers have answered the call to address our community's most pressing needs. This commitment to action has resulted in over one million hours of service to the City. 21st, National Youth Service Day, we will be sending some 45 teams totalling 800 youth volunteers to 27 agencies and parks across the City. These young people experience firsthand the transformative power of community engagement. This group represents the future leadership of our city, and we are honored to partner with them in helping to shape the future of Philadelphia. Thank you. (Applause.)
Thank you, Madam President. Today we are pleased to have a visit from eight autism students from Germantown High School. They're accompanied by their teacher, Ms. Joan Bommentre, Ms. Huggins and Mr. Hayes, and we're just going to take a coming today. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Clerk will please read the messages from the Mayor.
There are no messages from the Mayor at this time, Madam President.
Thank you. Does the Clerk have any other communications in his possession?
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer six resolutions and I also offer one resolution on my behalf and on behalf of Councilwoman Reynolds Brown.
Thank you. The Clerk will please read the first resolution.
A resolution approving the appointment of Peter J. Fischer to the Veterans' Advisory Commission.
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.)
A resolution approving the appointment of Joseph C. Waters, Jr. to the Veterans' Advisory Commission.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
A resolution approving the appointment of Ernest Landers to the Veterans' Advisory Commission.
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.)
A resolution approving the appointment of R. Edward Speller to the Veterans' Advisory Commission.
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.)
A resolution approving the appointment of Samuel Blow to the Veterans' Advisory Commission.
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.)
A resolution approving the appointment of Delano Stones to the Veterans' Advisory Commission.
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 please say aye. (Aye.)
A resolution authorizing City Council's Committee on the Environment and the Committee on Parks, Recreation and Cultural Affairs to hold joint public hearings to examine the conditions, maintenance policies and irrigation methods used to maintain functional and safe outdoor athletic fields citywide.
I move the adoption of the resolution. (Duly seconded.)
The ayes have it and the resolution will be referred to the Committees on Environment and the Parks, Recreation and Cultural Affairs. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one resolution on your behalf and one on my behalf.
Thank you. The Clerk will please read the title of the first resolution.
A resolution authorizing the Director of Commerce, on behalf of the City of Philadelphia, to file an application for and, if the application is accepted, to execute contracts to obtain additional grant funds from the Commonwealth of Pennsylvania, Department of Community and Economic Development, to be used for business district revitalization.
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.)
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 30th, 36th and 40th Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. Together with Councilman Ramos I offer one bill.
The Clerk will please read the title of the bill.
An ordinance repealing Section 17-101 of The Philadelphia Code, entitled "Prequalification of Prospective Bidders for Contracts for Construction of Public Works," and enacting a new Section 17-101 of The Philadelphia Code, entitled "Prequalification of Responsible Contractors and Subcontractors for Public Works Contracts."
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer two resolutions.
Thank you. The Clerk will please read the title of the first resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds to property located in the 45th Ward of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have one bill and one resolution.
Thank you. The Clerk will please read the title of the bill.
An ordinance granting permission to Peggy Jones Musa, owner and operator of the newsstand located on the northeast corner of Chelten Avenue and Greene Street, to construct, use and maintain overhead electrical and telecommunications lines.
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 of the City of Philadelphia deeds to property located in the 13th and 59th Wards of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Savage.
Thank you, Madam President. I offer one resolution for today.
Thank you. The Clerk will please read the title of the resolution.
A resolution authorizing the Committee on Public Health and Human Services to hold hearings to bring together leaders in public health to discuss the mental health component of the crime epidemic in the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the Committee on Public Health and Human Services. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill, which is co-sponsored by you, and I offer four resolutions, one on your behalf.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by amending the definition of "Net Income" with respect to the portion of net income that is properly attributable and allocable to the doing of business in Philadelphia.
This bill will be referred to the appropriate committee.
And a resolution authorizing the creation of a Special Committee on Gaming Alternate Site Selection of the City Council of Philadelphia, for the purpose of holding hearings and making written recommendations to identify alternate locations for slot parlors in the City.
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 authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds to property located in the 11th, 25th and 31st Wards of the City of Philadelphia.
The Chair again 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 authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds to property located in the 31st Ward of the City of Philadelphia.
The Chair again 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 honoring and congratulating Saint Rita of Cascia Parish and the National Shrine of Saint Rita on its centenary year 1907 through 2007.
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.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer two resolutions, the equal payday resolution co-sponsored by Councilwoman Marian Tasco.
Thank you. The Clerk will please read the title of the first resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
A resolution honoring Shaping America's Youth on the occasion of SAY Town Meeting on Saturday, April 21, 2007.
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 have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Campbell.
Thank you, Madam President. One resolution and two bills.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending Chapter 10-600 of The Philadelphia Code, entitled "Public Places - Prohibited Conduct," by amending Section 10-604, entitled "Alcoholic Beverages," by increasing penalties regarding alcoholic beverages in certain City-owned recreation centers.
The bill will be referred to the appropriate committee.
An ordinance amending Title 6 of The Philadelphia Code, entitled "Health Code," by requiring semi-annual inspection of mobile food vendors.
This bill will also be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on Education to hold hearings to investigate and determine the feasibility of imposing by ordinance the requirement that the class sizes in grades kindergarten through third not exceed 20 students and in grades four through 12 class size shall not exceed 25 children.
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 O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
The 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 of the City of Philadelphia deeds to property located in the 32nd 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. The Chair recognizes Councilman Kelly.
Madam President, I offer two resolutions, one which is co-sponsored by Councilman DiCicco, and I would also like to be heard on the non-privileged resolution.
Thank you. The Clerk will please read the title of the first resolution.
A resolution remembering, memorializing, honoring and mourning the 32 people slain at Virginia Tech on April 16, 2007, and authorizing City Council's Committee on Public Safety to hold public hearings to investigate how safe the college campuses in the City of Philadelphia are.
Thank you, Madam President. I think that I can speak for everyone in this Council in saying that we are absolutely horrified over the incident in Virginia that took place earlier this week. I would like to express my sincere condolences and sympathy to those families who were affected by this tragedy. Our thoughts and prayers go out to them. I have, as I'm sure most of my colleagues here, have received numerous phone calls from parents who have children in colleges and universities in Philadelphia. They have a lot of questions and concerns as to their children's safety. As a proud parent who had children in college, I understand their concern. Although I am confident that universities in Philadelphia are working tirelessly to ease and address the concerns of students, parents and professors, I want to in a public, collaborative forum investigate how safe our college campuses are. I think we can learn from these tragic events and I want to do everything possible to improve the safety for all Philadelphia students and faculty. I want to bring all university administrators together to address current concerns and share innovative ideas relating to public safety. I know one university in Philadelphia is currently testing new technology that would allow campus safety officials to communicate directly with students and vice versa by text messages on their cellular phones. Since today mostly all students have cell phones, this sounds like it could be extremely effective. I am concerned about the well-being of our future leaders, and their parents deserve to have peace of mind while their children are in school. I look forward to discussing all of these issues and ideas in a public hearing. Thank you, Madam President.
Thank you. Would you move for the adoption, please.
I would like to move for the adoption. (Duly seconded.)
I would ask that everyone stand to express our sympathy to those families who have lost loved ones.
And I would also add that we could also have a silent prayer at this time for the victims and their families. (Standing moment of silence.)
A resolution recognizing, honoring and celebrating Roman Catholic High School's Varsity Basketball Team for their outstanding 2007 basketball season.
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 Rizzo.
Madam President, I have one resolution today co-sponsored by my colleagues Councilwoman Marian Tasco, Councilman Darrell Clarke and all members of City Council.
Thank you. The Clerk will please read the title of the resolution.
A resolution recognizing, honoring and celebrating Senior Minister Emeritus Reverend William H. Gray, III on his retirement after 35 years as Pastor of Bright Hope Baptist Church.
I move for the adoption of this 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 next order of business is reports from committees, and the Chair 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 16 bills and two resolutions with a favorable recommendation.
Thank you. The Clerk will please read the report.
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. 070152, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers Markets,' by adding a permissible location on the sidewalk of the median of the 400 block of South 2nd Street"; and Bill No. 070186, entitled "An ordinance authorizing the trustees of the University of Pennsylvania to construct and maintain a pedestrian bridge over and across Convention Avenue"; and Bill No. 070187, entitled "An ordinance granting permission to Ilker Ugar, owner of the Divan Turkish Kitchen and owner of the property 918 South 22nd Street, to operate and maintain an the southwest corner of South 22nd and Carpenter Streets"; and Bill No. 070190, entitled "An ordinance granting permission to Nitin Desai, owner and operator of the newsstand located on the northwest corner of 18th Street and Arch Street, to construct, use and maintain conduits for fiberoptic facilities"; and Bill No. 070191, entitled "An ordinance granting permission to Chunho Won, owner and operator of the newsstand located on the southwest corner of 18th Street and Market Street, to construct, use and maintain conduits for fiberoptic facilities"; and Bill No. 070192, entitled "An ordinance granting permission to Asia Alnawasreh, owner and operator of the newsstand located on the southwest corner of Broad Street and Spring Garden Street, to construct, use and maintain conduits for fiberoptic facilities"; and 070201, entitled "An ordinance establishing a no truck parking regulation on Robbins Avenue, between Algard Street and Cottage Street"; and Bill No. 070202, entitled "An ordinance amending Section 12-2708 of The Philadelphia Code, entitled 'Issuance of Temporary Parking Permits,' by adding provisions for temporary parking permits valid for one calendar year"; and Bill No. 070204, entitled "An ordinance granting permission to Alfredo Aguilar, owner of the property 426 through 28 West Girard Avenue, doing business as Las Casuelas Cafe, to operate and maintain an open-air sidewalk cafe"; and Bill No. 070224, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 305 by placing on the City Plan Edgemont Street from Juniata Street to Berkshire Street"; and Bill No. 070225, entitled "An the revision of lines and grades on a portion of City Plan No. 187 by striking from the City Plan and vacating the legally opened portion of Belgrade Street from Butler Street to Wheatsheaf Lane"; and Bill No. 070226, entitled "An ordinance authorizing Kevin Alsbrook, owner of Bazini's Cafe and the property at 1800 Lindley Avenue, his successors and assigns, to legalize an existing deck encroachment"; and Bill No. 070227, entitled "An ordinance amending Section 9-204 of The Philadelphia Code, entitled 'Sidewalk Vendors in Center City,' by prohibiting vendors within 15 feet of any emergency egress"; and Bill No. 070231, entitled "An ordinance authorizing East Falls Development Corporation, owner of the property at 3800 Midvale Avenue, for the installation of a gateway entrance sign for the East Falls community"; and 070235, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 63 by striking from the City Plan and vacating Carlton Street from 20th Street eastwardly approximately 98 feet 4 inches to a dead end"; and Bill No. 070237, entitled "An ordinance authorizing Liberty Property Trust Philadelphia Limited Partnership IV, owner of the Comcast Center at 1701 John F. Kennedy Boulevard, for the placement of raised planters on John F.
Kennedy Boulevard"; and Resolution 070132, entitled "A resolution also naming Broad Street from Diamond Street to York Street 'Georgie Woods Boulevard'"; and Resolution 070133, entitled "A resolution also naming Diamond Street from 16th Street through 19th Street 'Father Paul Washington Avenue,'" respectfully reports it has considered and amended the same and returns the to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 070152, 070186 and 070202. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 070152, 070186 and 070202. All in favor will indicate by saying aye. (Aye.)
The 4/19/07 - STATED - 1ST READING ayes have it and the bills just read will be placed on our First Reading Calendar for today. All remaining bills read by the Clerk will be placed on our First Reading Calendar for our next session of Council. Resolution Nos. 070132 and 070133 will be considered at the end of today's Calendar. The next order of business is consideration of the Calendar, and the Chair recognizes the Clerk to please read the bills on the First Reading Calendar.
Bill No. 070152, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers Markets,' by adding a permissible location on the sidewalk of the median of the 400 block of South 2nd Street."
And Bill No. 070186, entitled "An ordinance authorizing the trustees of the 4/19/07 - STATED - 1ST READING University of Pennsylvania, 3400 Spruce Street, Philadelphia, PA, to construct and maintain a pedestrian bridge over and across Convention Avenue.
And Bill No. 070202, entitled "An ordinance amending Section 12-2708 of The Philadelphia Code, entitled 'Issue of Temporary Parking Permits,' by adding provisions for temporary parking permits valid for one calendar day, all under certain terms and conditions."
The Chair agrees. That completes our First Reading Calendar. The Chair recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank 4/19/07 - STATED - 2ND READING you, Madam President. Today our Calendar is on our last page, . Bill No. 060226 will be amended. The next bill we'll hear is Bill No. 070009, and, finally, Bill No. 070149 will be amended. All other bills will be held.
Thank you. The Clerk will please read the title of Bill No. 060226.
An ordinance amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by adding a Chapter providing for the development of and setting forth provisions relating to Economic Opportunity Plans in connection with certain City contracts and projects.
Thank you, Madam President. Madam President, I want to offer an amendment to this bill. In earlier discussions in the public 4/19/07 - STATED - 2ND READING hearing, there were some concerns about some of the language with respect to any availability of contractors to fill some of these positions. The intent of the bill is essentially to require that any City contracts over a certain threshold must submit an Equal Opportunity Plan; therefore, ensuring that there is some level of diversity in all contracts that are passed through Council. We have changed the language on . We talk about any project that requires a loss of federal funds, we potentially could give a waiver; if there's no availability; three, if it is against the law. Other than that, we are requiring that all contracts have an Equal Opportunity Plan attached prior to its passage by Council and subsequent signing by the Mayor. So I would like to offer an amendment at this point to Bill No. 060226. (Duly seconded.) 4/19/07 - STATED - 2ND READING
Councilman Clarke, have copies of the amendments been circulated?
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I would like to, in a very friendly way, interrogate the sponsor.
I would like to, in a very friendly way, interrogate the sponsor.
Councilman Clarke, do you have any objection? 4/19/07 - STATED - 2ND READING
It's extremely friendly. I happen to have chaired the Committee hearing on this bill. Within that hearing there were objections not only by several witnesses but by myself to the waiver and exemption language. I was told that language was going to be removed, and it was removed in the hearing and the bill was voted out of the Committee unanimously. Subsequently I was told that language would be put back in that dealt with the loss of federal or state funds with regard to waivers, exemptions that needed to happen, but what I objected to the most was the fact that there was a provision in there, which is still here, that says basically that MBEC can certify whoever they want to receive an exemption 4/19/07 - STATED - 2ND READING based upon however they feel, and what that says to me is essentially MBEC can, on any project, offer an exemption and say that there should be zero participation by minority, women and disabled businesses. I don't believe there's any project that exists where there should be zero percent participation, nor should we say that MBEC should have that authority to offer such a waiver or exemption. So I can't vote for this amendment. I would like the sponsor to explain just that provision. I understand the other provisions that relate to the loss of federal and state funds. I do not agree with or understand giving MBEC that type of authority to offer that type of exemption.
The issue with respect to availability, it must be certified that there is no availability 4/19/07 - STATED - 2ND READING of a particular trade or professional service prior to MBEC certification.
If that is an exemption of a prime contractor, there is no prime contractor that can participate. It has nothing to do with an Economic Opportunity Plan where there would be availability for subcontract work for minority, women, disabled businesses -
I'm sorry, Councilman. I didn't hear the last part. I didn't hear the last two sentences.
I don't believe that there's any situation where there are no subcontractor opportunities for minority, women, disabled businesses. There may not be an opportunity in the marketplace for minority, women or disabled businesses to serve as a prime contractor, but there should always be an Economic Opportunity Plan required that says there should be some participation outlined for minority, women, disabled 4/19/07 - STATED - 2ND READING businesses, and we should force every single contractor to come up with some plan to search out participation at least at the subcontract level.
I agree that there is probably no instance where there cannot be a subcontractor, so, therefore, if that's the case, then I don't think this will be relevant. It would only happen in the event that there is no availability.
It becomes relevant when MBEC offers an exemption, as they've done in the past because they haven't done their due diligence. One of the things that was brought up in that hearing is the fact that MBEC within its database only has about 1,300 disadvantaged business, and there are about 15,000 in the City. Therefore, if they can't find it within their database of 1,300, it should not exclude the other 14,000 disadvantaged businesses in the City. We should force contractors that 4/19/07 - STATED - 2ND READING are receiving contracts to search out economic opportunities at the subcontract level and go beyond what MBEC says.
Councilman, somebody just said that it didn't sound friendly to me. Councilman, as I said in the earlier hearing, when I held the bill -
It's friendly towards you. It's not friendly toward MBEC.
I understand. I'm okay. Given what's been going on the last couple of months, my skin is so thick, it's scary. No. Councilman, as I said earlier, we didn't want to pass anything that people -- I know you had an issue with respect to giving waivers and some of the people that testified. So if there is that much concern from you as it relates to this particular provision, I don't have a problem with ensuring that we get some concurrence on that provision 4/19/07 - STATED - 2ND READING before the bill is passed. What I would like to do, though, is to move this amendment today and have a discussion with you. I mean, although this is an extremely important issue, it's not time sensitive to the point where it has to go next week. So I'd be more than willing to proceed with any discussion for further amendment.
Now, that was friendly enough, sir. Councilman Clarke, would you like to make a motion?
Yes. With the understanding -- let me go on the record. With the understanding that there may be an additional amendment to get some clarity on that aspect of any waiver position, I would like to offer this particular amendment at this point 4/19/07 - STATED - 2ND READING to Bill No. 060226. (Duly seconded.)
It has been moved and properly seconded that the amendment be adopted. All in favor will say aye. (Aye.)
The ayes have it and the amendment is adopted. The Clerk will now read Bill No. 070009.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Reed Street, Tasker Street extended, Christopher Columbus Boulevard and the Delaware River.
This bill having been read on two different 4/19/07 - STATED - 2ND READING days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 14; the nays are three. A majority of all members having voted in the affirmative, the bill passes. 4/19/07 - STATED - 2ND READING The Clerk will please read the title of Bill No. 070149.
An ordinance amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by requiring that any advertisement or correspondence pertaining to the rental of residential property shall include the housing inspection license number for such property.
Thank you, Madam President. I offer one amendment that has been circulated to all members.
I move the adoption of the amendment. (Duly seconded.)
It has been moved and properly seconded that 4/19/07 - STATED - 2ND READING the amendment be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the amendment is adopted. Would we please make certain that the stenographer has copies of the amendments that have been introduced today. Okay. That concludes our Calendar. Oh, no. I'm sorry. We now have to consider Resolution No. 070132. I would ask the Clerk to please read the title of the resolution.
A resolution also naming Broad Street from Diamond Street to York street "Georgie Woods Boulevard."
The Chair recognize Councilman Clarke. 4/19/07 - STATED - 2ND READING
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. We will now consider Resolution No. 070133. I would ask the Clerk to please read the title of the resolution.
A resolution also naming Diamond Street from 16th Street through 19th Street "Father Paul Washington Avenue."
I move the 4/19/07 - STATED - 2ND READING adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. That 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? (No response.)
one, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, April 26th at 10:00 a.m. (Duly seconded.)
The ayes have it and Council will stand adjourned until Thursday, April the 26th at 10:00 a.m. Thank you all very much. (Stated Meeting adjourned at 11:05 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 April 19, 2007, 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.)