COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 26, 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 COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, 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
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will 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 Daniel Black, Pastor of the Gospel Temple Baptist Church. He is here today as my guest. I would ask all members and guests to please rise. (Members and guests rise.)
Let us pray. Blessed God, our father, we thank you for this day. Thank you for your grace and mercy over each of us, and thank you for last night's rest and this opportunity at life itself. And now we ask that you would be in the midst of us and all that shall to give glory to your great name to serve the people that you placed us over. We ask for your guidance, for your wisdom, for your protection. In the name of Jesus the Christ, we pray. Amen. (Amen.)
The Chair thanks Reverend Black for his invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, March 19, 2009, and the Chair recognizes Councilwoman Tasco.
Madam President, I move that the Journal of the meeting of Thursday, March 19, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 19, 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 Councilwoman Tasco.
Madam President, on behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman
Madam President, there are no requests for leave of absence from the republicans.
Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilman Kenney, who will present a resolution on my behalf proclaiming March 2009 as American Red Cross Month in the City of Philadelphia. Will Mr. Thomas Foley and those accompanying him please join the Councilman at the podium.
Thank you, Madam President. On your behalf, it's a pleasure to read this resolution proclaiming March 2009 as American Red Cross Month in the City of Philadelphia. Whereas, the American Red Cross is a humanitarian organization led by dedicated volunteers that provides relief to victims of disasters and helps people prevent, prepare for and respond to emergencies; and Whereas, compassion, courage, character, civic duty are inherent in the Red Cross mission to prevent and relieve human suffering, and the City of Philadelphia shares these grand ideals; and Whereas, the Red Cross is chartered and authorized by Congress to act in times of need, providing compassionate assistance to people afflicted by personal, local or national disasters; and Whereas, the American Red Cross Southeastern Pennsylvania Chapter is the leading volunteer agency meeting the needs of thousands of individuals and families throughout the greater Philadelphia region affected by 858 disasters last year, 652 in Philadelphia alone; and Whereas, the American Red Cross Southeastern Pennsylvania Chapter provides worldwide emergency communication link and other casework services to members of the United States Armed Forces and their families in the Greater Philadelphia region, 24 hours a day, every day of the year, a total of 2,643 times last year; and Whereas, in the Southeastern Pennsylvania region, the American Red Cross trained and certified 108,843 people in vital lifesaving skills, including CPR, AED, first aid, water safety and HIV/AIDS prevention, as well as disaster preparedness skills; and Whereas, the American Red Cross has been the leader in assistance for victims of national disasters, including Hurricanes Gustav and Ike last year, as well as international relief operations in such instances as the China earthquakes, Georgia conflict and African health initiatives; and Whereas, the American Red Cross Southeastern Pennsylvania Chapter knows that blood is truly the gift of life and provides hospitals in the Greater Philadelphia region with thousands of units of blood and blood products or sends them throughout the country, whenever and wherever they are needed; and Whereas, the American Red Cross Southeastern Pennsylvania Chapter fulfilled its commitment to spotlighting National Preparedness Month by providing emergency preparedness outreach and education programs free of charge to millions of Southeastern Pennsylvania businesses, including 14 Preparedness Summits throughout the region and a Preparedness Guide in the Philadelphia Inquirer and Daily News; and Whereas, the American Red Cross Southeastern Pennsylvania Chapter manages the Southeastern Pennsylvania Volunteer Organization Active in Disaster, which has doubled in size to include 268 agencies, all trained to respond in the event of a large-scale regional disaster; and Whereas, the American Red Cross Southeastern Pennsylvania Chapter operated 15 Red Cross Clubs in the region and trained 33,512 youth in Red Cross Trainings, including HIV prevention, disaster preparedness, first aid and CPR, and international humanitarian law, SEPA youth programs reached over 80,000 children last year to strengthen service learning, citizenship and leadership skills. You do a lot of stuff, don't you? Therefore, in special recognition of the humanitarian efforts of the American Red Cross, its staff and volunteers, we, the members of the City Council of Philadelphia, do hereby proclaim March 2009 as Red Cross Month in Philadelphia. I encourage all citizens to recognize and support the invaluable contributions of the American Red Cross. Certification: This is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 19th day of March 2009. Introduced by Council President Anna C.
Verna and sponsored by all members of Council. Congratulations. )
Thank you, Madam President. you, Jim, for this wonderful proclamation. Thank you for allowing -- these are one of our Red Cross Clubs behind us, some of the kids from Engineering and Science High School. These are also some of the wonderful people who work at our Red Cross House in Southwest Philadelphia in Jannie Blackwell's district, where we recently welcomed our two-thousandth family displaced by disaster. (Applause.)
It's really not hard to understand the passion that people feel for the Red Cross when you hear some of the numbers that Jim just recited, and those are all just numbers here in Philadelphia. You know better than anybody as City Council members that there are stories behind every single one of those numbers. The day after Christmas, the fire in Southwest Philadelphia in a home occupied by 11 Liberian Americans, seven of them killed. 11 other people who lived in that house, and they came into the care of the Red Cross. Five days later, on New Year's Eve, there was a fire in Northeast Philadelphia at the Bradford Arms Apartments that displaced 113 people, and all of those people came into the care of the American Red Cross. Ten days after that, there was a terrible fire, the Grange Street Apartments in the Ogontz section of the City. Ninety-three people lost their homes that day, and all of those people came into the care of the American Red Cross. It doesn't happen by accident. It happens because there are wonderful volunteers like these people behind me and so many of your constituents who make that happen. Marty Strom is a SEPTA bus driver during the day. He's a disaster action team responder for us at night. Janice Winston retired recently, having Verizon right out of high school. She's the one who teaches some of these kids emergency services. Jen Leary is a firefighter during the day and at night she's out there with us responding to any of the 300 fires that we've had to respond to just since the beginning of the year. They're extraordinary people. You know that as well as anybody. We are so grateful that you take the time, Madam President, to recognize this work this morning. We thank you for being our partners, and we appreciate the work that we do with you every single day here in the City of Philadelphia. Thank you. (Applause.)
Thank you much, Madam President. I'm very pleased to introduce a group of students that are here today, members actually of the Student Council -- so they may be our successors sometime -- from the Truebright Science Academy Charter Schools, which is on 3821 through 33 North Broad Street. I'm not sure exactly what councilmanic district that is. And the school is a tuition-free college preparatory school, and just for interest, recently they were the only charter school and the only inner city school to participate in the Science Olympiad at Cabrini College, and they did extremely well there. So we want to congratulate them on that. They are accompanied by their teachers, Yassin Gusin and Andrea Giardinelli. They're right here.
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 March 25, 2009, I signed all of the bills that were passed by Council at its session on March 12, 2009; and I am transmitting herewith for the consideration of your honorable body an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into an agreement to lease the Lincoln Financial Mural Arts Center at the Thomas Eakins House located at 1729 Mount Vernon Street to the Philadelphia Authority for Industrial Development.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
Thank you. The Chief Clerk will please read the title of the resolutions.
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.)
And a resolution congratulating Girard College, its outstanding students and alumni, its accomplished academic and residential faculty, and its dedicated staff as Girard begins its 161st year.
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.)
And a resolution congratulating Dominic M. Cermele for his enormous contributions and lifetime of service to Girard College and to the City of Philadelphia.
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 indicate by saying aye. (Aye.)
And a resolution welcoming the 2009 World Irish Dancing Championships to Philadelphia.
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 Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
The Chief Clerk will please read the title of the bill.
An ordinance amending Section 19-2700 of The Philadelphia Code, entitled "Sales and Use Tax and Hotel Occupancy Tax," by revising the rate of tax, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
An ordinance amending Chapter 17-1400 of The Philadelphia Code, entitled "Non-Competitive Bid Contracts; Financial Assistance," by requiring applicants for non-competitive bid contracts to include economic opportunity plans as part of their applications, and requiring non-competitive bid contracts to include a provision requiring compliance with an economic opportunity plan.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I have one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Orthodox Street, Large Street and Adams Avenue.
The bill will be referred to the appropriate committee.
And a resolution recognizing and honoring HIAS and Council Migration Services of Philadelphia, and its 2009 honorees, for outstanding and inspirational work in support of Philadelphia's immigrant community.
The Chair again recognizes Councilwoman Sanchez.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Green.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions this morning.
Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill and one resolution.
The Chief Clerk will please read the title of the bill.
An ordinance amending Section 9-213 of The Philadelphia Code to exempt farmers' markets from the provisions of Chapter 11-600 and 11-800 of The Philadelphia Code.
The bill will be referred to the appropriate committee.
And a resolution honoring and recognizing Ye Olde History Tours for its efforts to promote the image of the City of Philadelphia.
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 Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 5th, 16th and 32nd Wards 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.
Thank you. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I have no bills or resolutions.
Thank you. Is Councilman Jones in the room? (No response.)
Okay. The next order of business is reports recognizes Councilwoman Tasco for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports nine resolutions with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee of the Whole, to which was referred Resolution No. 090140, reappointing Ray Kaufmann to the Board of Directors of the South Street/Headhouse District of Philadelphia; and Resolution No. 090141, reappointing Wendy Verna to the Board of Directors of the South Street/Headhouse District of Philadelphia; and 090142, reappointing John Foy to the Board of Directors of the South Street/Headhouse District of Philadelphia; and Resolution No. 090143, appointing J.C. Sykes to the Board of Directors of the South Street/Headhouse District of Philadelphia; and Resolution No. 090145, appointing Bernadette Brescia to the Board of Directors of the South Street/Headhouse District of Philadelphia; and Resolution No. 090146, appointing Greg DeCandia to the Board of Directors of the South Street/Headhouse District of Philadelphia; and Resolution No. 090147, appointing Robert Drake to the Board of Directors of the South Street/Headhouse District of Philadelphia; and Resolution No. 090148, appointing Al Grafstom to the Board of Directors of the South Street/Headhouse Philadelphia; and Resolution No. 090149, appointing Rod Millwood to the Board of Directors of the South Street/Headhouse District of Philadelphia, respectfully reports it has considered the same and returns the attached resolutions to Council with a favorable recommendation.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit the immediate adoption of a single voice vote -- with a single voice vote of the resolutions just reported from committee.
Thank you. It has been moved and properly -do I have a second? (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit the immediate adoption with a the resolutions just reported from committee. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair again recognizes Councilwoman Tasco for a motion on the resolutions.
Thank you, Madam President. I move for the adoption of the nine resolutions just reported from committee. (Duly seconded.)
It has been moved and properly seconded that the nine resolutions be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolutions have been adopted. The Chair recognizes Councilman Greenlee for a report from the Committee on Law and Government.
Thank you, Madam President. The Committee on Law and Government reports one bill and one resolution with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Law and Government, to which was referred Bill No. 080748, entitled "An ordinance providing for the submission to the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter to provide within civil service regulations for the posthumous promotion to the next rank of any police officer or firefighter who is killed or who dies in the line of duty"; and Resolution No. 080765, "proposing an amendment to the Philadelphia Home Rule Charter to provide within civil service regulations for the posthumous promotion to the next rank of any police officer or firefighter who is killed or who dies in the line of duty, and providing for the submission of the amendment to the electors of Philadelphia," respectfully reports it has considered and amended the same and returns the attached bill and resolution to Council with a favorable recommendation.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading today of Bill No. 080748. (Duly seconded.)
It has been moved and properly seconded. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The bill just read will be placed on our First Reading Calendar for today. Resolution No. 080765 will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilman from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports 25 bills out with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Streets and Services, to which was referred Bill No. 080645, entitled "An ordinance amending Chapter 12-1100 of The Philadelphia Code, entitled 'Miscellaneous Regulations and Penalties,' by adding a new section prohibiting the use of a hand-held mobile telephone by a person operating a motor vehicle"; and Bill No. 090001, entitled "An ordinance authorizing Hossein Elbanna to construct, own and maintain an open-air sidewalk cafe at 3901 Walnut Street"; and Bill No. 090002, entitled "An ordinance authorizing Hardev Singh to construct, own and maintain an open-air sidewalk cafe and planters at 4004 Chestnut Street"; and Bill No. 090009, entitled "An ordinance establishing a parking regulation on 27th Street, west side, Allegheny Avenue to Clearfield Street"; and Bill No. 090010, entitled "An ordinance establishing a parking regulation on Arnold Street, west side"; and Bill No. 090011, entitled "An ordinance establishing a parking regulation on Hirst Street, west side, Arch Street to Market Street"; and Bill No. 090013, an ordinance amending Section 12-918 of The Philadelphia Code, entitled "Parking for Car Sharing Organizations"; and 090014, entitled "An ordinance amending the provisions of Section 12-918 of The Philadelphia Code, which regulates the provision of on-street parking restricted to vehicles owned by car sharing organizations"; and Bill No. 090015, entitled "An ordinance amending Section 9-212 of The Philadelphia Code, entitled 'Newsstands,' to permit the placement of commercial advertising on newsstands and revise the fee for a newsstand license"; and Bill No. 090017, entitled "An ordinance establishing a parking regulation on Moore Street, both sides, 12th to 13th Street"; and Bill No. 090018, an ordinance establishing a parking regulation on Morris Street, both sides, Broad Street to 13th Street; and Bill No. 090019, entitled "An ordinance establishing a parking regulation on Ellsworth Street, both sides, 12th to 11th Street"; and 090020, entitled "An ordinance establishing a parking regulation on Federal Street, both sides, 12th to 13th Street"; and Bill No. 090021, entitled "An ordinance establishing a parking regulation an Clarion Street, west side, Federal Street to No Outlet"; and Bill No. 090022, entitled "An ordinance establishing a parking regulation on Sartain Street, east side, McKean to Mifflin Street"; and Bill No. 090023, entitled "An ordinance establishing a parking regulation on 7th Street, both sides, Carpenter Street to Christian Street"; and Bill No. 090024, entitled "An ordinance establishing a parking regulation on Packer Avenue, north side, 16th Street to 17th Street"; and Bill No. 090025, entitled "An ordinance establishing a parking regulation on Tasker Street, north side, 11th Street to 12th Street"; and Bill No. 090026, entitled "An ordinance establishing a parking regulation on Darrah Street, both sides"; and Bill No. 090070, an ordinance authorizing the paving of Keely Street from Henry Avenue southwesterly to a cul-de-sac turnaround; and Bill No. 090076, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by relocating the northerly houseline and curbline of Harmer Street"; and Bill No. 090120, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 107 and 130 by striking from the City Plan and vacating the legally open portions of 47th Street from Fairmount Avenue to Brown Street"; and Bill No. 090121, entitled "An ordinance establishing a no truck parking 5200 block of Marshall Street"; and Bill No. 090126, entitled "An ordinance authorizing Manuel C. and Maria E.
Terrivel to construct, own and maintain an open-air sidewalk cafe at 1801 South 4th Street"; and Bill No. 090129, entitled "An ordinance establishing a no truck parking regulation on both sides of North Hancock Street between Jefferson Street and Thompson Street," respectfully reports it has considered the same and returns the attached bills 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 of the bills that have just been read into the record. (Duly seconded.)
It has been moved and properly seconded. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries, and the bills just read will be placed on our First Reading Calendar for today. Councilman Jones, do you have any bills or resolutions today?
Thank you, sir. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with suspension of the rules have been deemed to have had a first 3/26/09 - STATED - 2ND READING reading. They will be placed on our Second Reading and Final Passage Calendar for the next session of Council. There are no additional bills on the First Reading Calendar. Therefore, the Chair recognizes Councilwoman Tasco for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Madam President, Resolution No. 090179 and Bill 090171, 080650 and 080750 are being called up for second reading and final passage. All other bills will be held.
Thank you. The Chief Clerk will please read Resolution No. 179.
A resolution proposing an amendment to the Philadelphia Home Rule Charter relating to how and when required notices shall be 3/26/09 - STATED - 2ND READING published and advertised; and providing for the submission of the amendment to the electors of Philadelphia.
The Chair recognizes Councilman Clarke for a motion on the resolution.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
Since Resolution No. 090179 is an amendment to the Home Rule Charter, it requires a two-thirds majority. I would ask the Chief Clerk to please call the roll.
Aye. The ayes are 17; the nays are zero. A two-thirds majority of members of Council having voted in the affirmative, the resolution is adopted. The Chief Clerk will please read the title of Bill No. 090171.
An ordinance 3/26/09 - STATED - 2ND READING providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment of the Philadelphia Home Rule Charter relating to how and when required notices shall be published and advertised.
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.