COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 4, 2006 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MICHAEL DECKER, CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
I believe the hour has come and it's gone. However, we do have a quorum of this Council. Council will come to order. Members will please take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Thomas G. Spears, III, Pastor of the Overbrook Presbyterian Church. He is here today -- and we certainly thank him for his patience -- as the guest of Councilman Nutter. I would ask all members and guests to please rise.
Let us pray. Oh, God whose grace is beyond all telling, we ask your continued blessing upon this City and all its people, the babies who even right now are being born, the old people who are close to death, the people who work at the top of our largest buildings, and the our streets, our teachers and our students, our public safety officers and those in our prisons. Oh, God, we ask this in the knowledge that even now you are at work creating a city made new, where there will be no more division or violence or despair, but rather where old men and old women shall again sit in the streets and where our streets shall be full of girls and boys playing, where all our citizens will know the fullness of life. So bless and guide the work of this Council and all its members that they might reflect your grace with deeds of justice and compassion, serving you by serving people in need. We pray to your honor and glory. Amen.
Amen. The Chair thanks Reverend Spears for his very inspiring invocation. Council will be at ease. (Council at ease.)
The of business is the approval of the Journal of the meeting of Thursday, April 27, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, April 27, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, April 27, 2006 stand approved. All in favor will please say aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, April 27, 2006 is approved. The next order of business is absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, there are no leaves of absence requested today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, all the republicans are here and accounted for. Thank you.
Thank you. The Chair will dispense with the regular order of business to recognize 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 We certainly invite you to come again. At this time, the Chair recognizes Councilman Kelly.
Thank you, Madam President. I'd like to take this opportunity to introduce Al Taubenberger, President of the Greater Northeast Philadelphia Chamber of Commerce, and Dr. Azuka Aniam (ph) and Mr. Frank Bell of the VICA Technology School. The school is currently in the district of Councilwoman Blackwell, but they have plans to expand the school in Northeast Philadelphia. So with that, I would like to welcome them.
Welcome. At this time, the Chair recognizes Councilwoman Krajewski, who declaring May 2006 as Stroke Awareness Month. Will Patricia DeAngelis, President and CEO of Nazareth Hospital, and those accompanying her please join the Councilwoman at the podium. I see that Councilwoman Krajewski is being joined by Councilman Kenney, Councilman O'Neill and Councilman Clarke.
Thank you very much, Madam President. This is declaring May 2006 as Stroke Awareness Month and recognizing Nazareth Hospital for their Stroke Awareness Program. Whereas, Nazareth Hospital has committed itself to educating people about stroke awareness, its signs, symptoms, risk factors and prevention in an effort to provide potentially life-saving information.
Whereas, in 2001, Nazareth Hospital was designated as plan step program by the American Stroke Association. Nazareth Stroke Prevention and Treatment Program has made great progress in providing enhanced emergency treatment to stroke victims, along with the existence of community-based education; and Whereas, Nazareth Hospital has been ranked No. 1 in Pennsylvania and among the top five percent nationwide for stroke treatment for the past three years by HealthGrades; and
Whereas, Nazareth was also the recipient of a 2004 achievement award by Hospital and Health System Association of Pennsylvania for quality and innovation in stroke education. It was also the first hospital in Northeast Philadelphia to be awarded a Certificate of Distinction in the management of a primary stroke center; and Whereas, Nazareth Hospital is hospitals nationwide to receive the American Stroke Association's Get With the Guidelines Stroke Initial Performance Achievement Award recognizing the commitment to a higher standard of stroke care according to nationally accepted standards and recommendations.
And whereas, in September 2005, Nazareth Hospital was awarded a grant by the Department of Health and Human Services to expand its stroke education and screening outreach to the African-American senior community by collaborating with churches, senior groups, civic groups and workplaces in Philadelphia. Now, therefore resolved, by the Council of the City of Philadelphia, that we hereby declare May 2006 as Stroke Awareness Month and recognize Nazareth Hospital for their Stroke Awareness Program.
further, that an engrossed copy of this resolution be presented to Patricia DeAngelis, President and CEO of Nazareth Hospital, further evidencing the sincere respect and admiration of this legislative body. Signed by Council President Ann Verna and sponsored by all members of City Council. (Applause.)
The Chair recognizes Ms. DeAngelis for remarks. MS. DeANGELIS: Thank you so much and good morning. It is truly an honor to be here today representing Nazareth Hospital. Thank you for your recognition of Nazareth Hospital and our work in the area of stroke care. I especially want to thank Council President Anna Verna, Councilwoman Joan Krajewski and all City Council members for your recognition of Nazareth Hospital. We have received many honors stroke care, but, most importantly, we have been able to save lives, lives of your constituents, lives of our neighbors and lives of our friends. Our work is aimed at reducing death, at reducing disability related to stroke. Stroke is the third leading cause of death in the country and the leading cause of disability. The numbers are staggering, my friends. Seven hundred thousand people a year have strokes. One hundred and seventy thousand of those people die, and so many are left with varying forms of disability. Improving the health of this community is our mission. It is our passion. This mission is exactly what drove us to fully develop our Stroke Care Program. It began as a dedication to our community, and it has expanded in ways we couldn't have dreamed possible. Last year, Nazareth Hospital 400 patients for stroke care. In addition, we screened over 2,000 people for stroke risk factors. Through the help of our community and our local and state governments, we were able to install the most advanced technology for the diagnosis and treatment of stroke. Your support has also enabled our outpatient rehabilitation facility, Theraplex, which was once a very blighted corner of the Boulevard in Northeast Philadelphia. Our commitment has never wavered with regards to this disease. It doesn't care who you are. It doesn't differentiate. It does not discriminate. It goes after anyone and everyone. So we have been committed, but there is so much more work to do. To that end, we have recently received a grant, a federal grant, and we have established a special program that will allow us to reach out to African-Americans throughout the entire City to provide stroke education African-Americans have a much higher risk of having a fatal stroke. We must do more to educate people. From the moment a stroke patient or potential stroke patient enters our doors, our stroke program coordinator follows their care throughout the hospital. They receive the very best care by specially trained nurses and doctors, led by our chief medical officer and stroke program director. I invite all of you today to take part in our stroke risk assessment screenings. Again, stroke doesn't differentiate. It doesn't care who you are. We are here to educate you on stroke and its risk factors. And I'm going to do something very quickly, because if you can't get over there, I want you to at least know the signs of stroke. Sudden numbness or weakness of the face, arm or leg, especially on one side of your body; abrupt onset of confusion, trouble speaking or understanding; sudden double vision or trouble with vision; abrupt onset of dizziness, loss of balance or coordination; and sudden severe headache. Do not hesitate if you have one of these. Don't think it's a small stroke. There is no such thing as a small stroke. Call 9-1-1, get yourself to a hospital. We're happy to answer any questions you may have and talk to you in detail about our program and how it has helped so many Philadelphians. Again, I thank you for your continued support of the Northeast and for your concern for the health of the City's residents. Nazareth Hospital is extraordinarily proud to have received this honor. Thank you and God bless. ) MS. DeANGELIS: Actually, we have an entire staff of people today who Caucus Room.
I truly do invite you. It is very quick. We're very efficient. We've done tens and tens of thousands of these. So please go over to the Caucus Room, encourage your staff to do the same. Thank you so much, Joan.
Thank you for all of your wonderful work. Council will be at ease. (Council at ease.)
The Chair now recognizes Councilman Ramos, who will present a resolution recognizing and honoring Karen Slack. Will Karen Slack and those accompanying her please join the Councilman at the podium. I see that Councilman Ramos is being accompanied by Councilwoman Tasco. The Chair recognizes Councilman Ramos.
Thank you, Madam President. recognizing and honoring Philadelphia's own Karen Slack, who on March 17, 2006 made her Metropolitan Opera debut. I have a letter here that I have to read because it comes from one of Philadelphia's most distinguished ministers and former Congressman, and he is William H. Gray, III, from Bright Hope Baptist Church. He's asked me to read this short letter on this occasion. Dear Councilman Ramos, congratulations to Karen Slack on being honored by City Council for her outstanding musical accomplishments. We at the Bright Hope Baptist Church are so proud of her, and we love her dearly. Unfortunately, I cannot join her, but I speak on behalf of Bright Hope. We love you, Karen Slack. God bless you. We want her to know that we will always be there for her. We're so happy that she is a part of the Bright family, and all of us wish her the very best always. Sincerely, William H. Gray, III, Senior Minister of Bright Hope Baptist Church. Whereas, Karen Slack grew up in North Philadelphia and attended Baldi Middle School and the High School for Creative and Performing Arts and currently lives in Northern Liberties with her father, Leonard, and Calico cat, Nassi; and Whereas, Karen has never forgotten the City of her birth and she continues performing at the Bright Hope Baptist Church located at 12th and Cecil B. Moore; and whereas
Whereas, Karen grew up wanting to be a veterinarian, but was encouraged by her teachers from Baldi Middle School who recognized at an early age her soprano talent; and Whereas, Karen won the Rosa Ponselle International Competition for arts, which helped her land a position in the San Francisco Opera's Merola program; and Whereas, through her work at the San Francisco Opera Merola program, Karen was invited to audition at the Curtis Institute of Music, where she earned her Bachelor and Master degrees; and Whereas, after earning her degrees, Karen sang minor roles at the Opera Company of Philadelphia and helped push the sale of opera recordings at the now defunct HMV Records in Center City; and
Whereas, having made the finals in the 2004 Metropolitan Opera National Council audition, she went back to sing for scholarship money offered for audition tours of Europe, which led to a house audition for Rose at the Metropolitan Opera in February 2005; and Whereas, Karen was the third title role of the broadcast of Verdi Luisa Miller, but because of circumstances, she was elevated to lead; and Whereas, on March 17, 2006, Karen Slack made her Metropolitan Opera debut. Now, therefore be it resolved, by the Council of the City of Philadelphia, that we hereby recognize and honor Philadelphia's own Karen Slack, who on March 17, 2006 made her Metropolitan Opera debut in the title role of Verdi Luisa Miller. Further resolved, that an engrossed copy of this resolution be presented to Karen Slack as an expression of the sincere sentiments and admiration of this legislative body, and signed by all members of the City Council. Congratulations, Karen. (Applause.)
It's such an honor to be here. I never thought a year ago that I would be here having made my Metropolitan Opera debut and my life changed so much. Growing up in North Philly, all my life I wanted to be something and wanted to do something. I didn't know what it was, but I knew it was something. And then when I decided that I want to be a veterinarian, I quickly changed my mind when I found out how my voice touched people and changed people's lives. And so I hope and pray that I continue to touch people's lives, change people's lives and that I am able to share my gift with my friends and my family and my public and my future public, and I wanted to share a little bit of my gift with you as a thank you and that I will always be a loyal Philadelphian. Everyone always says, Are you from New York? Do you live in New York? I say, No, I live down the road 90 miles in Philadelphia. And I will always be a Philadelphian. Thank you. (Applause.) (Karen Slack sang.)
I'd just like to add that many years ago, Karen sang for the United Negro College Fund Alumni Recognition dinner, and one of our local bankers, Dick Smooth, said, Why can't we have her every year. So he recognized her talents many years ago when she was just starting out. And wherever you are, Dick Smooth, your shining star is here. Thank you.
Beautiful. Council will be at ease. (Applause.) UNIDENTIFIED SPEAKER: Council President Verna and members of City Council, our dear constituents, this is Karen from our Marian Anderson Historical Foundation. We knew eight years ago what you're just learning about this great, great talent, and we thank Councilman Ramos and all of the members for this great honor for her. Well deserved. We love you, Karen. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Clerk. The 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 May 4, 2006, I signed Bill No. 060012 -
Just a minute, Michael. The noise level is much too high.
-- Bill No. 060012 and Bill No. 060056; and I am transmitting herewith for the introduction and consideration of your honorable body a resolution approving the Annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative bond proceeds for Fiscal Year 2007; and An ordinance authorizing Laura Vernola and LW Restaurant Holdings, doing business as Deuce Restaurant, to construct, operate and maintain an open-air sidewalk cafe at 1040 North 2nd Street; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 299 by placing on the City Plan Epiphany Place; and Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying fee simple title to a tract of City-owned land, situate 1213 through 19 South 15th Street; and An ordinance authorizing the City Solicitor, on behalf of the City, to enter into a multi-year contract with a provider of codification, editing and marketing services to produce printed and electronic versions of the 9th edition of The Philadelphia Code; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development a deed or deeds conveying fee simple title to five parcels of City-owned land; and An ordinance approving the thirty-fifth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area, being the area beginning at the northwest corner of Front Street and Spring Garden Street.
Thank you. The messages will be printed in the Journal. I would ask the Clerk to please read any other communications in his possession.
Thank you. The next order of business will then be the introduction of bills and resolutions, and at this time, the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended so as 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 consideration of resolutions at the time of introduction. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer three resolutions.
Thank you. The Clerk will please read the title of the first resolution.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the City Solicitor, on behalf of the City, to enter into a multi-year contract with a provider of codification, editing and marketing services to produce printed and electronic versions of the 9th edition of The Philadelphia Code.
The bill will be referred to the appropriate committee.
And a resolution proclaiming the month of May 2006 as National Drug Treatment Court Month.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution calling upon the Attorney General of the United States to immediately remove Donald V. Ferlise from his Immigration Judge position in Philadelphia due to his documented history of inappropriate treatment of those appearing before him.
I move the adoption of the resolution and ask permission to speak briefly on it, Madam President. (Duly seconded.)
Thank you, Madam President. Judge Donald V. Ferlise's courtroom conduct has been condemned on multiple occasions, in opinions of the United States Court of Appeals for the Third Circuit. The Third Circuit Court recently wrote, It is a hallmark of the American system of justice that anyone who appears as a litigant in an American courtroom is treated with dignity and respect. That expectation must be met regardless of the citizenship of the parties or the nature of the litigation. On April 28, 2006, Federal Appeals panel ruled that Judge Ferlise pre-judged cases and bullied asylum-seekers by denying them a right to fair hearings. One of these cases involved Petitioner Abou Cham of Gambia, who filed an application for asylum due to his relationship with his uncle, Dawda K. Jawara, who was President of Gambia until he was ousted by a military coup on July 22, 1994. During the hearing, Judge Ferlise intimidated Cham into a state of confusion with, quote/unquote, abusive comments. Judge Maryanne Trump Barry of the Third Circuit U.S. Court of Appeals wrote, Judge Ferlise continually abused an increasing distraught petitioner, Mr. Cham, rendering him unable to coherently respond to Judge Ferlise's questions. The belligerence of the questioning and the tension in the courtroom fairly leapt off the pages of the record. And according to a 2000 study published by the San Jose Mercury, Judge Ferlise is ranked among the ten toughest asylum judges in the country. Between 1995 and 1999, Judge Ferlise granted only 74 out of 715 asylum requests. I think it's important we understand what an asylum request is. These are people who are fleeing their country because they are threatened with death, imprisonment and other types of indignities because of their religion or their political background, and only 74 of 715 asylum requests Judge Ferlise thought were appropriate. Currently, the Attorney General is conducting a comprehensive review of the immigration courts, citing concerns that certain immigration judges fail to treat persons appearing before them with appropriate respect and consideration and, therefore, fail to produce the quality of work expected from employees of the Department of Justice. I think the first thing the Attorney General of the United States can do is remove this individual from his position and immediately improve the conditions in our asylum courts. Also, I would note that Judge Ferlise, unless I am wrong, unless he is an Apache or a Sioux, I think Ferlise may have gotten off a boat or his family may have gotten off a boat as an immigrant themselves and perhaps should have more compassion and understanding for these poor individuals who come before them seeking the protection of the United States of America. Thank you.
Thank you. Councilwoman Blackwell, your light is on. Did you want to speak on this issue?
I absolutely do. Thank you, Madam President. I rise to support this resolution introduced by my colleague. As you are aware, we did introduce a resolution calling for hearings on the issue of immigrants and all that is affected in the City. And we have over 70,000 Africans alone, and as Councilman Kenney points out, there are issues that involve ethnic groups from across our City, whether they be Asian, whether they be Native Americans, whether they be Africans or whether they be the Mexicans we read about that deal with borders both in Texas and in LA. So we are happy to support this resolution. It is important that we realize there are issues of asylum. Part of the Mayor's Commission on African and Caribbean Immigrant Affairs deals with this issue all the time. There are so many people here that if we had tough laws that sent people back would cause their death, and it is important that we have people on the bench and in all places who are sensitive to the needs of people. I mean, this is America. We're supposed to open our arms to everyone, and when we do, they deserve to be treated fairly and openly. And I thank my colleague for introducing this resolution and certainly stand to support it.
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce six resolutions and one bill. Three bills and one resolution are on your behalf and one resolution needs to be referred to committee.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development, for nominal consideration, a deed conveying fee simple title to a certain tract of City-owned land with the buildings and improvements thereon, situate 1213 through 19 South 15th Street.
The bill will be referred to the appropriate committee.
And a resolution approving the Annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative bond proceeds for Fiscal Year 2007.
Thank you, Madam President. We move that this bill be referred to the Committee on Housing, Neighborhood Development and the Homeless. (Duly seconded.)
It has been moved and seconded. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds to property located in the 6th Ward of the City of Philadelphia.
Again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. We move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution calling for honor and integrity in existing collective bargaining agreements regarding housing reorganization and, furthermore, calling for no circumvention of the process through any reorganization effort.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
A resolution adopting findings of fact and conclusions of law with respect to certain appeals filed in the Philadelphia Court of Common Pleas regarding Council's decision disapproving applications to sell malt and brewed beverages for consumption off premises.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
I think we have been having these resolutions introduced for several weeks now. This has to do with, I guess, many of those that have gone to court.
Oh, right. Okay. Thank you. Thank you, Madam President.
And a resolution approving Drexel University's proposed amendment to its Institutional Development District Master Plan pursuant to Chapter 14-1107, Subparagraph (c) of The Philadelphia Code relating to zoning and planning.
Thank you, Madam President. I ask that my colleagues consider this by way of suspending the rules. I did not circulate this IDD yesterday, and, Madam President, it's merely for expansion of their library. (Duly seconded.)
It has been moved and seconded that the rules be suspended so as to permit this resolution to be considered today. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. Councilwoman Blackwell.
Thank you, Madam President, and thanks to my colleagues. I move for the adoption of this resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution calling on interested community groups and civic associations to contract or join venture with City agencies and/or authorities to do community-based development or work as community development corporations.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. Excuse me. Mr. Decker, can I see the bill that was introduced. (Pause.)
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you, Madam President. Today I have one resolution.
The Clerk will please read the title of the resolution.
A resolution congratulating the Boys Varsity Basketball Team of Simon Gratz High School for winning the 2006 Public League Basketball Championship.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. Excuse me, sir. I just don't think it's very safe for you to be sitting there with that huge sign in front of people who are sitting trying to observe Council. The Chair recognizes Councilman Nutter.
Okay. Madam President, I have one bill and four resolutions.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 299 by placing on the City Plan Epiphany Place.
The bill will be referred to the appropriate committee.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds to property located in the 4th Ward of the City of Philadelphia.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
A resolution honoring the 70th anniversary of North Light Community Center.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
A resolution honoring the Reverend Dr. Albert Franklin Campbell on the occasion of his 40th pastoral anniversary.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
A resolution declaring the week of May 21 through May 27, 2006 as National Public Works Week.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilwoman Brown.
The Clerk will please read the title of the resolution.
A resolution urging the support of the General Assembly of Pennsylvania to support the Governor's proposed 2006 through 2007 education budget.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer one resolution on behalf of the Seventh Council District.
Thank you. The Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds to property located in the 18th and 19th Wards of the City of Philadelphia.
Madam President, I move that the resolution be adopted.
It has been moved and 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 DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Earlier I said I had five bills. I have two late bills that were sent up, so there are seven bills and one resolution.
Thank you. The Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development, for nominal consideration, a deed or deeds conveying fee simple title to five parcels of City-owned land with the buildings and improvements thereon situated at the northwest corner of 3rd and Fairmount Avenue.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 9-1000 of The Philadelphia Code, entitled "Trades," by amending Section 9-1004, entitled "Contractors," by clarifying the exception from the contractor license requirement for property owners who perform work on their properties.
This bill will be referred to the appropriate committee.
And an ordinance amending Subcode PM, Property Maintenance Code, of Title 4, Building Construction and Occupancy Code, by adding a new Section PM 307.1.2, entitled "Construction Excavations."
The bill will be referred to the appropriate committee.
And an ordinance authorizing Laura Vernola and LW Restaurant Holdings, doing business as Deuce Restaurant, to construct, operate and maintain an open-air sidewalk cafe.
The bill will be referred to the appropriate committee.
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 Delaware Avenue, Columbia Street, the Delaware River and Shackamaxon Street.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers Markets," by adding a permissible location on the sidewalk of the west side of the 900 block of North 2nd Street.
The bill will be referred to the appropriate committee.
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 Delaware Avenue, Penn Street, Ellen Street extended, the Delaware River and Spring Garden Street extended.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds to property located in the 1st, 2nd and 31st Wards 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 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 O'Neill.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service Businesses" to add new provisions to prohibit the sale, from certain retail establishments, of blunts, loosies, cigarette papers, cigars and other items that may be otherwise legal but are commonly used as drug paraphernalia.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I have actually two resolutions. One resolution will be dealt with in the special order of business, and one bill.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Subcode A, Administrative Code, of Title 4, Building Construction and Occupancy Code, of The Philadelphia Code, by amending Section A-302, entitled "Permits," by requiring the posting of certificates of insurance along with posted construction permits.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the second bill.
An ordinance authorizing the thirty-fifth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area, being the area beginning at the northwest corner of Front Street and Spring Garden Street.
The bill will be referred to the appropriate committee. Do we have any resolutions?
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Madam President, I have one resolution co-sponsored by Councilman Kenney.
Thank you. The Clerk will please read the title of the resolution.
A resolution recognizing, honoring and celebrating the 10th anniversary of "It's Your Call with Lynn Doyle," especially recognizing Lynn Doyle for her journalistic excellence.
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The next order of business is reports from committees, and the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out nine bills with a favorable recommendation.
Thank you very much. I would ask the Clerk to 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 Bill No. 060001, entitled "An ordinance to adopt a Capital Program for the six Fiscal Years 2007 through 2012 inclusive"; and Bill No. 060002, entitled "An ordinance to adopt the Fiscal 2007 Capital Budget"; and Bill No. 060003, entitled "An ordinance adopting the Operating Budget for Fiscal Year 2007"; and Bill No. 060004, entitled "An ordinance amending Section 19-1801 of The Philadelphia Code, to further authorize the Board of education of the School District of Philadelphia to impose a tax on real estate"; and Bill No. 060006, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by rates"; and Bill No. 060008, entitled "An ordinance amending Chapter 19-1800 of The Philadelphia Code, to further authorize the Board of Education of the School District of Philadelphia to impose a tax on the use or occupancy of real estate"; and Bill No. 060014, entitled "An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled 'Business Privilege Taxes,' by adding a new exception from the definition of 'Receipts'"; and Bill No. 060089, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates"; and Bill No. 060090, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation tax, by reducing certain tax rates, under certain terms and conditions," 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 Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 060001, 02, 03, 04, 06, 08, Bill Nos. 060014, 89 and 90. (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 read by the Clerk. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilman O'Neill for a report from the Joint Committees on Technology and Information Services and Public Property.
Thank you, Madam President. The Joint Committees on Technology and Information Services and Public Property and Public Works report one bill with a favorable recommendation.
Thank you. I would ask the Clerk to please read the report.
To the President and members of the Council of the City of Philadelphia, the Joint Committees on and Public Property and Public Works, to which was referred Bill No. 060160, entitled "An ordinance for the purpose of creating a Citywide wireless broadband Internet access system, to bridge the digital divide, to increase the efficiency and reduce costs of government, and to promote economic development and tourism," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman O'Neill.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 060160. (Duly seconded.)
It been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 060160. All in favor will please say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. Council will now proceed under a special order of business, a resolution recalling Bill No. 060144. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I offer one resolution, and because this resolution was not circulated yesterday, I move that the rules of Council be to permit consideration of this resolution at this time. And, Madam President, I would like to briefly explain the purpose of the recall and the change in the original ordinance. (Duly seconded.)
It has been moved and seconded that the rules of Council be suspended so as to permit consideration of this resolution. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries, and the Chair again recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I'm recalling this particular ordinance. This was an that the Council supported unanimously in a prior session. The ordinance essentially closed a loophole that was created as a result of a 1966 agreement between the City of Philadelphia and the Philadelphia Housing Development Corporation. That loophole that was closed essentially did not allow the Philadelphia Housing Development Corporation to acquire or dispose of properties without the action of Council. It was the concern, based on some of the information that came out as a result of the housing reorganization, that the land bank that's being discussed would be placed in the Philadelphia Housing Development Corporation; therefore, any disposition of properties from that land bank would not have to go through City Council with a resolution or ordinance, and this particular bill closed that loophole. In further discussion with members of the Administration, it was a concern, because the ordinance called for an ordinance to be introduced to allow the disposition of that land. I agreed that that was somewhat cumbersome, because there could possibly be a substantial amount of properties that would be disposed from PHDC, so at the appropriate time, we would like to change the language from an ordinance to a resolution.
Thank you. The Clerk will please read the title of the resolution.
Can we have the title of the resolution read first?
A resolution requesting the Mayor to return to Council Bill No. 060144, entitled "An ordinance amending the ordinance approved June 28, 1966, Bill No. 1845, as amended, known as the Philadelphia Development Agreement Ordinance and entitled 'An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into an agreement with the Philadelphia Housing Development Corporation to provide for low-cost residential development and redevelopment in the City,'" for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you. The Chair recognizes Councilman Clarke.
I'm sorry. I move for the adoption of the resolution. (Duly seconded.)
Thank you, Madam President. I just wanted to ask my colleague a question for clarity. You want to change it from a bill to a resolution in order to permit for further clarity on the reorganization process or is there something else? I'm not quite sure.
No. It actually does not relate at all to the reorganization, but during discussions about the reorganization, it became clear that one of the proposals would place all publicly owned properties in the Housing Development Corporation's inventory. Because that organization, per a 1966 agreement, does not require a Council ordinance or a Council resolution to dispose of properties, we introduced this bill to change that original agreement, so any property being disposed of from PHDC or acquired would require a Council ordinance. What we're attempting to do now is to change it from ordinance to resolution, because it can be somewhat cumbersome for every single property, given the potential volume of properties that will be disposed of from PHDC, that we change that to a resolution. And each Councilmember under the current tradition, the District Councilperson would have to pass that resolution in order to allow disposition of properties from PHDC.
Thank you, Madam President. This is a very resolution, and as my colleagues know, we're also reviewing how VPRC could be affected, and we'll keep you attuned, but we think this is an excellent resolution and certainly look forward to supporting it.
It has been moved and seconded that the resolution be passed. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. At this time, I would ask the Clerk to please read the letter from the Mayor.
To the President members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted May 4, 2006 Bill No. 060144, entitled "An ordinance amending the ordinance approved June 28, 1966, Bill No. 1845, as amended, known as the Philadelphia Housing Development Agreement Ordinance," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you. The Chair recognizes Councilman Clarke for a motion that Council reconsider the vote by which Bill No. 060144 was passed.
It has been moved and seconded. All in favor will please say aye. 5/4/06 - STATED - 1ST READING (Aye.)
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 061144 was passed has been reconsidered. Bill No. 060144 will be placed on the Second Reading and Final Calendar for our next session of Council. The next order of business is the consideration of the Calendar, and the Clerk will please read the bills on our First Reading Calendar.
Bill No. 060142, 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 Southampton Road, a Railroad right-of-way, Hornig Road and the Roosevelt Boulevard." 5/4/06 - STATED - 1ST READING
And Bill No. 060162, 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 Worthington Road, the Poquessing Creek Park, Carter Road."
And Bill No. 060001, entitled "An ordinance to adopt the Capital Program for the six Fiscal Years 2007 through 2012 inclusive."
And Bill No. 060002, entitled "An ordinance to adopt the Fiscal 2007 Capital Budget."
And Bill No. 060003, entitled "An ordinance adopting 5/4/06 - STATED - 1ST READING the Operating Budget for Fiscal Year 2007."
And Bill No. 060004, entitled "An ordinance amending Section 19-1801 of The Philadelphia Code, to further authorize the Board of Education of the School District of Philadelphia to impose a tax on real estate within the City of Philadelphia."
And Bill No. 060006, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates."
And Bill No. 060008, entitled "An ordinance amending 5/4/06 - STATED - 1ST READING Chapter 19-1800 of The Philadelphia Code, to further authorize the Board of Education of the School District of Philadelphia to impose a tax on the use or occupancy of real estate within the School District."
And Bill No. 060014, entitled "An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled 'Business Privilege Taxes,' by adding a new exception from the definition of 'Receipts.'"
And Bill No. 060089, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax."
And Bill No. 060090, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax."
And Bill No. 060160, entitled "An ordinance for the purpose of creating a Citywide wireless broadband Internet access system, to bridge the digital divide, to the increase the efficiency and reduce costs of government, and to promote economic development and tourism."
The Chair agrees. Thank you. The next order of business is the consideration of the Calendar for our Second Reading and Final Passage Calendar. The Chair recognizes Councilwoman Blackwell regarding bills 5/4/06 - STATED - 2ND READING that will be called up for consideration on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today our Calendar starts on at the bottom. We will hear Bill No. 060088, , 060115, 060182, 060260 and all of , Bill Nos. 051105, 060181, 060185, 060262. All other bills are being held.
Thank you. I would ask the Clerk to please read the title of Bill No. 060088.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Broad Street, Lehigh Avenue, 24th Street, Fox Street, Hunting Park Avenue and Erie Avenue.
This bill having been read on two different days, the question now is shall the bill 5/4/06 - STATED - 2ND READING pass finally. The Clerk will please call the roll.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 060115.
An ordinance approving the third amendment of the redevelopment proposal for the Convention Center Renewal Area, being the area generally bounded by Market Street, 5/4/06 - STATED - 2ND READING Juniper Street, Commerce Street, 13th Street, Race Street, 12th Street and Vine Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. I would ask the Clerk to please 5/4/06 - STATED - 2ND READING read the title of Bill No. 060182.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of the area generally bounded by Verree Road, Charette Road, Alicia Street, Alicia Street extended and Marchman Road.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. 5/4/06 - STATED - 2ND READING The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 060260.
An ordinance amending Title 14 of The Philadelphia Code by amending Section 14-104, entitled "Non-Conforming Structures and Uses," by amending provisions relating to the reconstruction of non-conforming structures.
Thank you. This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Councilman DiCicco. 5/4/06 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. I would ask the Clerk to please read the title of Bill No. 051105.
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, in an amount not to exceed $500,000 to assist in the development of Moore College of Art and Design.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. 5/4/06 - STATED - 2ND READING
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 060181.
An ordinance amending Section 19-203 of The Philadelphia Code, by adding a new subsection permitting City employees who are bargaining unit members of Fraternal Order of Police, Philadelphia Lodge 5, to authorize payroll deductions for contributions to COPPAC. 5/4/06 - STATED - 2ND READING
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 060185.
An ordinance removing a portion of the property known 5/4/06 - STATED - 2ND READING generally as the Byberry State Hospital from the Philadelphia Keystone Opportunity Zone.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The last bill to be called for 5/4/06 - STATED - 2ND READING consideration is Bill No. 060262.
An ordinance authorizing the Commissioner of Public Property to acquire from the School District of Philadelphia the properties known as 4800 through 4802 Fairmount Avenue and 4927 through 4931 Chestnut Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. That completes our Calendar for today. Are there speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I just would like to remind Council and staff that Nazareth Hospital will be providing free stroke screenings immediately after this session.
Thank you. Does anyone else want to be recognized? The Chair recognizes Councilman Nutter.
Thank you, Madam President. I appreciate Councilwoman Krajewski making that announcement. I'm going to be going over in a few minutes.
Okay. I think we all have to be checked, believe me. Do we have anyone else that wants to be recognized? (No response.)
Seeing no one, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, May the 11th, 2006 at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, May the 11th. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:45 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 May 4, 2006, 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.)