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Minutes

Stated Meeting, April 19, 2007

Philadelphia City CouncilApr 19, 2007

People mentioned

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

Organizations mentioned

Council President Verna

The resolution has been adopted.

The Clerk

A resolution recognizing, honoring and celebrating Roman Catholic High School's Varsity Basketball Team for their outstanding 2007 basketball season.

Council President Verna

The Chair recognizes Councilman Kelly.

Councilman Kelly

I move for the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Rizzo.

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.

Council President Verna

Thank you. The Clerk will please read the title of the resolution.

The Clerk

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.

Council President Verna

The Chair recognizes Councilman Rizzo.

Councilman Rizzo

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Council President Verna

Thank you. The Clerk will please read the report.

The Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Streets and Services, to which was referred Bill No. 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.

The Clerk

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.

Council President Verna

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.)

Council President Verna

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 070152, 070186 and 070202. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

The Clerk

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."

Council President Verna

The Chair agrees.

The Clerk

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.

Council President Verna

The Chair agrees.

The Clerk

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."

Council President Verna

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.

Councilwoman Blackwell

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.

Council President Verna

Thank you. The Clerk will please read the title of Bill No. 060226.

The Clerk

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.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

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

Council President Verna

Councilman Clarke, have copies of the amendments been circulated?

Councilman Clarke

Yes, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I would like to, in a very friendly way, interrogate the sponsor.

Council President Verna

I beg your pardon?

Councilman Goode

I would like to, in a very friendly way, interrogate the sponsor.

Council President Verna

Okay.

Councilman Goode

Councilman Clarke --

Council President Verna

Councilman Clarke, do you have any objection? 4/19/07 - STATED - 2ND READING

Councilman Clarke

If it's friendly, I have no objection.

Council President Verna

Okay. You hope.

Councilman Goode

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.

Council President Verna

Councilman Clarke.

Councilman Clarke

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.

Councilman Goode

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 -

Councilman Clarke

I'm sorry, Councilman. I didn't hear the last part. I didn't hear the last two sentences.

Councilman Goode

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.

Councilman Clarke

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.

Councilman Goode

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 Clarke

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 -

Councilman Goode

It's friendly towards you. It's not friendly toward MBEC.

Councilman Clarke

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.

Councilman Goode

That's perfectly fine with me. Thank you, Councilman.

Councilman Clarke

Thank you.

Council President Verna

Now, that was friendly enough, sir. Councilman Clarke, would you like to make a motion?

Councilman Clarke

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.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the amendment is adopted. The Clerk will now read Bill No. 070009.

The Clerk

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.

Council President Verna

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.

The Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

The Clerk

Councilwoman Campbell.

Councilwoman Campbell

No.

The Clerk

Councilman Clarke.

Councilman Clarke

Aye.

The Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

The Clerk

Councilman Goode.

Councilman Goode

Aye.

The Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

The Clerk

Councilman Kelly.

Councilman Kelly

Aye.

The Clerk

Councilman Kenney.

Councilman Kenney

Aye.

The Clerk

Councilwoman 4/19/07 - STATED - 2ND READING Krajewski.

Councilwoman Krajewski

Aye.

The Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

The Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

The Clerk

Councilman Ramos.

Councilman Ramos

No.

The Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

The Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

The Clerk

Councilman Savage.

Councilman Savage

No. Nay.

The Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

The Clerk

Council President Verna.

Council President Verna

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.

The Clerk

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.

Council President Verna

The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Thank you, Madam President. I offer one amendment that has been circulated to all members.

Council President Verna

Thank you.

Councilwoman Krajewski

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

Council President Verna

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.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

The Clerk

A resolution also naming Broad Street from Diamond Street to York street "Georgie Woods Boulevard."

Council President Verna

The Chair recognize Councilman Clarke. 4/19/07 - STATED - 2ND READING

Councilman Clarke

Thank you. I move for the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

The Clerk

A resolution also naming Diamond Street from 16th Street through 19th Street "Father Paul Washington Avenue."

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

I move the 4/19/07 - STATED - 2ND READING adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.)

Council President Verna

Are there speeches on the part of the majority? (No response.)

Council President Verna

one, the Chair recognizes Councilwoman Tasco for a motion to adjourn.

Councilwoman Tasco

Madam President, I move that Council stand adjourned until Thursday, April 26th at 10:00 a.m. (Duly seconded.)

Council President Verna

All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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.)