COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 7, 2007 11:05 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 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
I note that the hour has come and gone and that a quorum of this Council is present. Council will please come to order. Members will take their seats and I would ask visitors to retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Father Joseph W. Bongard, President and Rector of Roman Catholic High School. He is here today as the guest of Councilman Kelly. I would ask all members and guests to please rise. (Everyone rises.)
Together we place ourselves in the presence of God. Heavenly Father, king of the universe, source of all life, look with mercy upon those who represent us in this City Council. Grant to our representatives the grace to know and to do your will. Let them serve the people in truth and righteousness. Inspire our to make laws for the good of all rather than for the few, and to especially protect those who are most vulnerable. We pray that you send your spirit upon each of us so that a strong moral voice can be heard and heeded by those who govern and are governed. Cause us as citizens of this great city to become your standard bearers in all we say and do, that we may be a people who respect all life, that we can profoundly improve the environment of our city and improve the lives of those around us. Father, turn the people's hearts to you, open our eyes to the needs of the poor and disadvantaged. Father, in a very special way, we ask you to watch over our leaders, our police officers and firemen, City workers, emergency personnel and all who work to promote a truly moral, just and safe city. For we ask all this in your (Amen.)
The Chair thanks Father Bongard 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, May 31, 2007, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 31, 2007 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 31, 2007 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal of the meeting of Thursday, May 31, 2007 stands approved. The next order of business is requests for leave of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the majority, there are no requests for leaves of absence today.
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.
Thank 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 Kelly, who will present a resolution recognizing Roman Catholic High School's Varsity Basketball Team. Will Father Bongard and those accompanying him please join the Councilman at the podium. The Varsity Team, are they here? Would you please join the Councilman. And I see that Councilman Kenney and Councilman O'Neill are joining Councilman Kelly at the podium.
Thank you, Madam President. Before I begin, I just want to acknowledge, of course -- and I hope I have Father Bongard's permission, but I invited two Councilmen here, Councilman Jim Kenney and Councilman Brian O'Neill, who are former grads of St. Joe Prep and I think -- and I forgot Greenlee. But I know it took a lot of courage for them to come up here and read this, and I thank them for their generosity and offering to do so.
I know they're really good this year if they beat the Prep. So congratulations, guys.
I will probably reciprocate some year when the Prep beats Roman, but I may be retired by then. But in any case, Madam President, as a proud Roman grad, recognizing and honoring and celebrating Varsity Basketball Team for their outstanding 2007 basketball season. Whereas, through hard work and dedication, the Roman Catholic Basketball Team won the 2007 Philadelphia Catholic League Championship; and Whereas, the Roman Catholic Basketball Team was ranked 19th in the United States by Sports Illustrated Magazine; and
Whereas, Head Coach Dennis Seddon secured his tenth Catholic League Championship; and Whereas, Roman Catholic was the 2007 Alhambra Catholic Invitational Tournament Champions; and Whereas, the Philadelphia Daily News ranked Roman Catholic number one in Southeastern Pennsylvania.
Whereas, Roman Catholic finished their season with a phenomenal record of 28 and 3; and Whereas, winning this 28th Catholic League Championship to date; and Whereas, numerous players on the team earned accolades such as "All-Catholic" and "Player of the Year."
And whereas, the players on this championship team excel both on the basketball court and in the classroom; and Now therefore, be it resolved, by the Council of the City of Philadelphia, that it hereby recognizes, honors and celebrates Roman Catholic High School's Varsity Basketball Team for their outstanding 2007 basketball season; and Further resolved, that an engrossed copy of this resolution be presented to Roman Catholic High School as evidence of the sincere admiration of this legislative body. This was signed by the President of City Council, Anna C. Verna, and all members of Council. (Applause.)
The Chair recognizes Principal Robert O'Neill for remarks. PRINCIPAL O'NEILL: Good afternoon. It is certainly my privilege and honor to represent the Championship Basketball Team of Roman Catholic High School here today and to tell you that they are winners, true champions. They played hard. They played well. They were not the biggest, but they were the best, on and off the court. Always true gentlemen. They played as a team. They won their championships as a team. No one player was ever more important than the team. They never gave up. They always hung in there until the last buzzer sounded. They were well coached. In their time at Roman Catholic, they became better players and a better team. They always demonstrated tremendous spirit, true Roman pride. act. They are true Catholic gentlemen. They're a credit to their families, to their school and to our city. I want to thank especially Councilman Kelly and the distinguished members of Council today for this great honor. Thank you very much. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
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.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on June 6, 2007, I signed all of the bills that were passed by Council at its session on May 24, 2007.
Thank you. The messages will be printed in the Journal. The Chief Clerk will 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 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.)
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 please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney. (No response.)
Thank you, Madam President. Today I introduce one bill on your behalf.
Thank you. The Chief Clerk will please read the bill.
An ordinance amending Section 9-627 of The Philadelphia Code, entitled "Commercial Establishments on Residential Blockfaces," to extend the scope of the ordinance to include certain establishments located on corner lots, to require certain establishments to display a poster indicating that the establishment is subject to the terms of this ordinance and to increase the penalties for violations of the ordinance.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco. (No response.)
Thank you, Madam President. Today I introduce two resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance re-establishing a neighborhood improvement district in an area that generally includes both sides of Frankford Avenue from Torresdale Avenue to Bridge Street and certain side streets including portions of Kensington Avenue, Foulkrod Street, Gillingham Street and Griscom Street.
The bill will be referred to the appropriate committee.
And a resolution initiating action to re-establish a neighborhood improvement district in an area that generally includes both sides of Frankford Avenue from Torresdale Avenue to Bridge Street.
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 indicate by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 18th, 19th, 23rd and 37th 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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution calling on the Board of Governors of the Federal Reserve System to use their authority under the Home Ownership and Equity Protection Act of 1994 to further protect consumers from predatory lending, particularly regarding subprime mortgages.
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 DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 19-1400 of The Philadelphia Code, entitled "Realty Transfer Tax," by exempting transactions between certain financially interdependent persons, including, but not limited to, domestic partners.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer two resolutions today.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution honoring and commending Steven Caldwell and The Original Orlons for their work with the Department of Education to improve the quality of life and service for children.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution urging Philadelphia to adopt status as a Pro-Choice City.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye.
Thank you. I'm going to vote no on the resolution, but I would ask the sponsor to reconsider introducing it. We just had the Roman Catholic Basketball Team, and I just think it sends -- not intentionally, and I don't mean -- but there are people on both sides of this issue that feel very strongly, and if I were someone active in the pro-life community, I would as a taxpayer -- and there are many of them -I would feel disrespected by this. There is nothing in this resolution that this City isn't doing. Every "whereas" clause addresses things that not only are we doing, but in many cases, we would be violating the law if we didn't do it. I think taking the step of having the legislative body of the City announce we're pro-choice versus pro-life I think is wrong for us to do, and, again, I think it's disrespectful to many taxpayers who feel very firmly with their position, as I'm sure many of the Roman players did today, as they're taught in school, as others who feel the opposite. But federal law is pretty clear on this, and I don't think there's anything in the "whereas" clauses that we're not doing. I just don't know if it's -- I don't believe it's the right thing to do, to adopt our status as a pro-choice city. That's all. Thank you. And I ask the Councilwoman, whom I know has the best of intentions, to reconsider it.
Thank you. The Chair at this time recognizes Councilman Ramos.
Thank you, Madam President. I respect the resolution of my dear colleague, Blondell Reynolds Brown, but I will be voting no on this resolution as well. But I do concur with the statement offered by Councilman O'Neill. This is in fact a pro-choice and a pro-life city. We have populations in this city that are of both views, and we all live together and we have family members, like I do, that are on different sides of this issue, and I think that both sides represent the entire City of Philadelphia, not just one side, and I would ask that she consider withdrawing her resolution.
Thank you. The Chair recognizes Councilman Rizzo.
Madam President, I ask the sponsor of this resolution also to withdraw this resolution, because I believe that it is, like my colleague, Councilman O'Neill, said, disrespectful to some of my constituents. So I would ask the author of this resolution to withdraw it, please.
Thank you. The Chair recognizes Councilman Kelly.
Yes. I, too, would like to ask the sponsor to withdraw it, and I agree with my Council colleagues, Ramos and Rizzo and O'Neill, that this city, of course, is -- I don't want to see it labeled as pro-choice. I think there are many, many people in this city that consider it pro-life. So I think that at this point I don't think this resolution does anything to really promote Philadelphia as it should be. Thank you.
Thank you. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I, too, would like to ask the sponsor of the resolution to reconsider, because I do believe that it is bad timing and, therefore, I will be voting against this resolution.
Thank you. The Chair recognizes Councilwoman Brown.
Oh, I'm sorry. Councilwoman Tasco, did you want to be recognized?
Yes. I'd just like to say someone who is pro-choice and also pro-life -- because the issue is the woman's right to choose, and it's a personal issue. And someone who supports that, I can understand why -- I was asked to introduce this resolution and chose not to do it, because I do think we ought to respect all views and not to label the City one way or the other. I'd be upset if we were saying it's a pro-life city. So I think that issue should be left to the individual to make that choice.
Thank you, Madam President. I believe Councilman Brian O'Neill said it best in his opening remarks when he said that there are people on both sides of this issue, and a number of members have articulated their views. At the end of the day, we decide what we want the City to look like and be about. And it is true, this is a pro-life and a pro-choice city. I will not withdraw the resolution, and we, as Councilmembers, will speak to our hearts and our minds and vote accordingly. I move for the adoption of the resolution.
I think we need a roll call vote on this, and I would ask the Chief Clerk to call the roll, please.
The nays are eight; the ayes are nine. The resolution is adopted.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer one resolution today.
The Chief Clerk will please read the title of the resolution.
A resolution honoring and commending Pedro A. Ramos, Esquire.
Madam President, I first want to also add that co-sponsors of this resolution are Councilwoman Jannie Blackwell, Councilman Wilson Goode and Councilwoman Carol Campbell. 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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Campbell.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter relating to the duties of the City Commissioners and fixing the date of a special election for such purposes.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 2 of The Philadelphia Code, entitled "City-County Consolidation," to require the City Commissioners to provide certain election-related training, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter relating to the duties of the City Commissioners, and providing for the submission of the amendment to the electors of Philadelphia.
The resolution will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the installation of all-way stop signs at the intersection of Avalon Street and Outlook Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the installation of all-way stop signs at the intersection of Avalon Street and Lavender Street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2008 from the Grants Revenue Fund, certain or all City offices, departments, boards and commissions, to the General Fund, certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee.
And an ordinance amending Bill No. 070114, relating to the Capital Program for Fiscal Year 2008 to 2013 inclusive, and Bill No. 070115, relating to the Fiscal 2008 Capital Budget.
This 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, the City of Philadelphia, deeds located in the 15th, 18th, 28th, 29th, 37th and 43rd Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly. (No response.)
Madam President, I think he stepped outside the room, but I know he told me he does not have any bills or resolutions.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. Councilwoman Miller, did you want to be recognized?
Yes, Council President. I'd like to just say that I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I rise to make an introduction today of visitors from Africa. We have also the Executive Director of the Mayor's Commission, our Chairman, Stan Straughter, the Mayor's Commission on African and Caribbean Immigrant Affairs, who is with them. They are here with the International Visitors Council. I won't mention their jobs. We have Mayors, Controllers of the Supreme Court, press people, Secretary Generals, et cetera, and they are from -I won't introduce them individually. They are from Benin, Burkina Faso, Burundi, Cameroon, Cotevoir, Democratic Republic of Congo, Guinea where Stan Straughter is Honorary Consul, Molly, Mauritania, Niger, Senegal and Togo. And we'll ask that you would recognize them at this time.
Certainly. If they would please stand, we'd be more than happy to recognize them, and I'd say welcome. Welcome. (Applause.)
You're welcome. The next order of business is reports from committees. The Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee on the Whole reports out 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 of the Whole, to which was referred Resolution No. 070404, entitled "A resolution confirming the appointment of Phoebe Haddon as a member of the Board of Ethics, to serve in the term ending November 16, 2009," considered the same and returns the attached resolution to Council with a favorable recommendation.
Resolution No. 070404 will be considered at the end of today's Calendar. At this time, the Chair recognizes Councilman Clarke for a report from the Committee on Rules.
Madam President, the Committee on Rules reports five bills 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 Rules, to which was referred Bill No. 070002, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the areas of land located within an area bounded by Orthodox Street"; and Bill No. 070236, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by West Jefferson Street"; and Bill No. 070266, entitled "An ordinance amending Section 14-1605 of The Philadelphia Code, entitled 'Regulated Uses,' by adding a definition for 'Gun Shop' and designating gun shops as regulated uses"; and Bill No. 070342, entitled "An ordinance amending Section 14-1605 of The Philadelphia Code, entitled 'Regulated Uses,' providing for the special regulated uses, prohibiting such uses in the vicinity of certain residentially related uses"; and Bill No. 070372, entitled "An ordinance to amend the Institutional of Temple University," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended this day as to permit first reading this day of Bill Nos. 070002, 070236, 070342 and 070372. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from Committee, with the exception of Bill No. 070266. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 070266 will be placed on our First Reading Calendar for our next session of Council. The Chair now recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out 17 bills 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 Finance, Bill No. 070049, entitled "An ordinance amending Section 19-1204 of The Philadelphia Code, entitled 'Books and Records,' by no longer requiring the retention of claim check stubs"; and Bill No. 070125, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $7,500,000"; and Bill No. 070151, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $3 million"; and Bill No. 070170, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000"; and 070230, entitled "An ordinance amending Chapter 19-200 of The Philadelphia Code by authorizing the City Treasurer to deposit funds in Citibank"; and Bill No. 070260, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $1,400,000"; and Bill No. 070262, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $2,900,000"; and Bill No. 070368, entitled "An ordinance approving the Fiscal Year 2008 Capital Budget providing for the expenditures for the capital purposes of the Philadelphia Gas Works"; and Bill No. 070387, entitled "An ordinance authorizing the Secretary of designee, on behalf of the City, to file applications with the United States Department of Housing and Urban Development for a Community Development Block Grant"; and Bill No. 070388, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $400,000"; and Bill No. 070393, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000"; and Bill No. 070401, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000"; and Bill No. 070402, entitled "An Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000"; and Bill No. 070431, entitled "An ordinance approving the budget for Fiscal Year 2008 to improve and enhance the City's cultural and commercial corridors"; and Bill No. 070435, entitled "An ordinance constituting the Eighth Supplemental Ordinance to the Amended and Restated General Airport Revenue Bond Ordinance"; and Bill No. 070436, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000"; and Bill No. 070440, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to the Office of the Budget in an amount not to exceed $500,000"; and Resolution No. 070405, entitled "A resolution approving the annual Program State and Budget for the expenditure of the Neighborhood Transformation Initiative Bond Proceeds for Fiscal Year 2008," respectfully reports it has considered and amended the same and returns the attached bills and resolution to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Blackwell.