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Minutes

Stated Meeting, January 22, 2009

Philadelphia City CouncilJan 22, 2009

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Organizations mentioned

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, January 22, 2009 11:05 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

Council President Verna

Good morning. 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 Pastor Brian Jenkins of the Chosen 300 Ministries. He is here today as the guest of Councilwoman Blackwell. I would ask all members and guests to please rise. (Members and guests rise.)

Pastor Jenkins

Let us pray. Dear Father in heaven, we just thank you, God, for the opportunity to stand before this Council. We thank you for the business that is going to be taken care of today. We pray, God, for the laws that are passed, God, the rules that are made City, but they would be not for political gain, God, but they would be for the benefit of the people of this city. We pray, God, for all of those in power. We pray for our new President, Barack Obama. We pay, God, for our Governor. We pray for our Mayor Nutter. We pray for the President of this Council and every Councilmember that is in this place, God. We pray that the presence of God would rest on them, that you would guide them and give them the wisdom that they need to lead this city. And we thank you, God, for the victory of this session. In the name of Jesus, we pray. Amen. (Amen.)

Council President Verna

The Chair thanks Pastor Jenkins for his invocation. Council will be at ease. (Council at ease.)

Council President Verna

The next order of business -- the noise level is much too high. The next order of business is the approval of the Journal of the meeting of Thursday, December 11th, 2008, and the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. I move that the Journal of the meeting of Thursday, December 11th, 2008 stand approved. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Journal of the meeting of Thursday, December 11, 2008 stand approved. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.

Council President Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, on behalf of the republicans, there are no requests for leave of absence.

Council President Verna

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 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. The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on December 16th and December 22nd, 2008, I signed all of the bills that were passed by Council at its session on December 11th, 2008, except Bill No. 080724-A. Also, on December 23rd, 2008, I signed the remaining bills that were passed by Council at its session on December 4th, 2008; and Pursuant to Section 2-307 of the Home Rule Charter, I am today the recommendations of the City Planning Commission on the following bills: Bill No. 080883, 080900, 080902, 080903, 080905, 080949; and I am transmitting for the consideration of your honorable body an ordinance authorizing Tony Elebah, owner and operator of Larry's Steaks, to operate and maintain an open-air sidewalk cafe at 2457-2459 North 54th Street; and An ordinance authorizing Hardev Singh, owner and operator of the New Deli Restaurant, to operate and maintain an open-air sidewalk cafe and planters located at 4004 Chestnut Street; and An ordinance authorizing Hossein Elbanna, owner and operator of Philly Deli, to operate and maintain an open-air sidewalk cafe at 3901 Walnut Street; and An ordinance authorizing the extension of the trial program authorized by Bill No. 060799 under which advance approval is given to the Philadelphia Facilities Management Corporation to enter into certain contracts on behalf of the Philadelphia Gas Works.

Council President Verna

Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.

Chief Clerk

That's all I have, Madam President.

Council President Verna

Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I have no bills or resolutions today.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Today I have two bills and one resolution.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first bill.

Chief Clerk

An ordinance authorizing the University of Pennsylvania to construct, own and maintain an open-air sidewalk cafe on the west side of 39th Street.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing Hardev Singh to construct, own and maintain an open-air sidewalk cafe and planters at 4004 Chestnut Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 6th, 24th, 27th and 44th Wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Blackwell for a motion on the resolution.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (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. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. I have no bills or resolutions today.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Thank you, Madam President. I have no bills or resolutions.

Council President Verna

Thank you. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I have three resolutions on your behalf and I have one bill.

Council President Verna

Thank you. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance authorizing the extension of the extended trial program authorized by Bill No. 060799 under which advance approval is given to the Philadelphia Facilities Management Corporation.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver deeds located in the 36th Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the 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.

Chief Clerk

And a resolution adopting a Right to Know policy and designating an Open Records Officer for the Council of the City of Philadelphia.

Council President Verna

Again, the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution amending Resolution No. 080001, which provides Rules for the Government of Council of the City of Philadelphia, by revising the procedure for the first reading of bills on the same day they are reported from committee.

Council President Verna

Again, the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the 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 Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. Today I offer three resolutions.

Council President Verna

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

Chief Clerk

A resolution proclaiming January 2009 as "Poverty in America Awareness Month."

Council President Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for the adoption of the 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.

Chief Clerk

And a resolution proclaiming January 2009 as "National Mentoring Month."

Council President Verna

Again, the Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for the adoption of the resolution. (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.

Chief Clerk

And a resolution proclaiming January 2009 as "National Glaucoma Awareness Month."

Council President Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and 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 Councilwoman Sanchez.

Councilwoman Sanchez

Thank you, Madam President. I have three bills and one resolution.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first bill.

Chief 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 Allegheny Avenue, Hurley Street, Clearfield Street and Boudinot Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Erie Avenue, "K" Street, Venango Street and "I" Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance correcting the Philadelphia Zoning Maps by conforming the dimensions of a property located within an area bounded by "B" Street, Erie street, "G" Street and Tioga Street to more accurately reflect the area rezoned by Bill No. 080754.

Council President Verna

This bill will also be referred to the appropriate committee.

Chief Clerk

And a resolution recognizing and honoring the Frankford Chargers on winning the Pop Warner Football 160-Pound National Championship.

Council President Verna

The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

I move for the adoption of the 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 Chair recognizes Councilman Green.

Councilman Green

Thank you, Madam President. I offer one bill co-sponsored by Councilman DiCicco.

Council President Verna

Thank you. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Section 19-203 of The Philadelphia Code, entitled "Payroll Deductions," to add the Friends of the Free Library of Philadelphia to the list of designated payees to whom an employee may direct payroll deductions, all under certain terms and conditions.

Council President Verna

This bill will be referred to the appropriate committee. The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Madam President. Four bills, two resolutions, one on behalf of the Administration.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first bill.

Chief Clerk

An ordinance authorizing Tony Elebah to construct, own and maintain an open-air sidewalk cafe at 2457-2459 North 54th Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on 27th Street, west side, Allegheny Avenue to Clearfield Street.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Arnold Street, west side, Midvale Avenue to No Outlet.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Hirst Street, west side, Arch Street to Market Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution honoring and celebrating the ongoing commitment and work of the Philadelphia Club of Frontiers International.

Council President Verna

The Chair recognizes Councilman Jones.

Councilman Jones

I move for the adoption of the 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.

Chief Clerk

And a resolution recognizing Bilal Abdul Qayyum on the occasion of his retirement, and honoring and celebrating his longtime commitment and dedicated service to the City of Philadelphia.

Council President Verna

The Chair again recognizes Councilman Jones.

Councilman Jones

Point of information. That is Qayyum, Bilal Qayyum. I move for the adoption of the 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 Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I offer one bill.

Council President Verna

Thank you. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by providing for the "New Philadelphia Job Creation Tax Credit," under certain terms and conditions.

Council President Verna

The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I offer three resolutions this morning.

Council President Verna

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

Chief Clerk

A resolution honoring and recognizing America I AM, the African American Imprint, as a historic exhibit on display at the National Constitution Center.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. 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.

Chief Clerk

And a resolution recognizing April 22nd, 2009 as Earth Day in Philadelphia.

Council President Verna

The Chair again recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. 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.

Chief Clerk

And a resolution urging Governor Edward G. Rendell and the Pennsylvania General Assembly to develop a statewide global warming strategy guided by the emissions reduction goals of the PennFuture's Cool Pennsylvania Campaign.

Council President Verna

The Chair again recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. 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 DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one resolution and 14 bills.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first bill.

Chief Clerk

An ordinance amending Section 12-918 of The Philadelphia Code, entitled "Parking for Car Sharing Organizations," by adding locations.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And 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.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And 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, all under certain terms and conditions.

Council President Verna

This bill will also be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Title 13 of The Philadelphia Code, entitled "Water and Sewer," by amending Section 13-101, which provides standards for the setting of water rates and charges, by amending the provisions establishing special rates.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Moore Street, both sides, 12th Street to 13th Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Morris Street, both sides, Broad Street to 13th Street.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Ellsworth Street, both sides, 12th Street to 11th Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Federal Street, both sides, 12th Street to 13th Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Clarion Street, west side, Federal Street to No Outlet.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Sartain Street, east side, McKean Street to Mifflin Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on 7th Street, both sides, Carpenter Street to Christian Street.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Packer Avenue, north side, 16th Street to 17th Street.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Tasker Street, north side, 11th Street to 12th Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance establishing a parking regulation on Darrah Street, both sides, Brill Street to Bridge Street.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution honoring and commending Ricardo "Ric" Dunston for his contributions to the Reading Terminal Market and the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. (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. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I offer one resolution co-sponsored by you, Council President, and Councilwoman Joan Krajewski.

Council President Verna

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

Chief Clerk

A resolution honoring Charles Isdell, Jr. on his retirement.

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

I move 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 Clarke.

Councilman Clarke

Thank you, Madam President. I have one bill.

Council President Verna

The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-231, entitled "Residential District Rules and Exceptions," by providing for restrictions on placement, installation and maintenance of certain satellite dishes and antennas, under certain terms and conditions.

Council President Verna

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.

Councilman Kelly

Madam President, I have no bills or resolutions.

Council President Verna

Thank you. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, no bills or resolutions today.

Council President Verna

Thank you. The next order of business is reports from committees. The Chair recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.

Councilman Clarke

Thank you, Madam President. Madam President, the Committee on Public Property and Public Works reports one bill with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Public Property and Public Works, to which was referred Bill No. 080879, entitled "An ordinance authorizing the Department of Property to enter into a franchise agreement with Verizon Pennsylvania, Inc. pursuant to which Verizon shall have the right to operate and maintain a cable television service within the City of Philadelphia through its cable television system in and along the public rights-of-way and streets of the City, under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.

Council President Verna

Thank you. Bill No. 080879 will be placed on our First Reading Calendar for our next session of Council. Council will now proceed under a special order of business, a resolution re-calling Bill No. 080724-A. At this time, the Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I offer one resolution, because this resolution was not circulated yesterday, I move that the rules of Council be suspended to permit consideration of the resolution at this time. (Duly seconded.)

Council President Verna

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 signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. I would ask the Chief Clerk to please read the title of the resolution.

Chief Clerk

A resolution requesting the Mayor to return to Council Bill No. 080724-A, entitled "An ordinance Section 14-305 of The Philadelphia Code, entitled 'C-4 Commercial and C-5 Commercial Districts,' by negating any setback over 65 feet in height for lots designated C-5 in the area bounded by 15th Street and Arch Street," for the purpose of reconsideration by the Council of the vote by which the bill passed Council.