COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 20, 2010, 10:30 a.m. COUNCILMEMBERS PRESENT: Anna C. Verna, President Jannie L. Blackwell Blondell Reynolds Brown Darrell L. Clarke Frank DiCicco W. Wilson Goode, Jr. Bill Green William K. Greenlee Curtis Jones, Jr. Jack Kelly James F. Kenney Joan L. Krajewski Donna Reed Miller Brian J. O'Neill Maria D. Quiñones-Sanchez Marian B. Tasco Also Present: Michael A. Decker, Chief Clerk 5.20.10 STATED METING - INVOCATION
Thank you. 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 Father Herb Sperger of St. Thomas Aquinas Church; he is here today as my guest. At this time, I would ask all members and guests to please rise. (All rise.) Father?
Let us pray. Let us pray. God and Father of us all, You watch over and care for your children through the efforts of people in government. Be with Your servants who gather this day in counsel together. Guide their hearts and minds. Help them 5.20.10 STATED METING - INVOCATION to work effectively to build and strengthen in this place the city true to the vision of its founder and to the best hopes of all its people: A city of good order and prosperity; a city of justice, peace, and love; a city that takes pride not only in the success of its industry but in its care for the poor; not only in the beauty of its culture but in the welcome it offers to the immigrants and the stranger; not only in the power and prestige of its institutions but in its vigorous efforts to defend and strengthen the weakest among us, from the innocent unborn to the frail and dependent elderly. You, O, God alone have the power to bring success to the work of our hands. Bless the labor of Your servants by the gift of Your spirit at work in their thoughts, words, and deeds. Make this city an image of that true and eternal city for which we long and to 5.20.10 STATED METING - INVOCATION which You desire to lead us all. We ask this in Your Holy Name who are Lord and Ruler of all. Amen. ALL: Amen.
The Chair thanks Father Sperger for his very inspiring invocation. Council will be at ease. (Council stands at ease.) (Proceedings resume.) * * * 5.20.10 STATED - JOURNAL APPROVAL
The next order of business is the approval of the Journal of the meeting of Thursday, May 13, 2010, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam Chair. I move that the Journal of the meeting of Thursday, May 13, 2010, stand approved. (Motion duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 13, 2010, stand approved. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the motion carries. * * * 5.20.10 STATED - LEAVE-OF-ABSENCE REQUESTS
The next order of business is requests for leaves of absence. The Chair recognizes Councilwoman Tasco.
Thank you, Madam Chair. On behalf of the Majority, Madam Chair, 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, leave of absence is requested for Councilman Rizzo.
The Chair thanks the gentleman. Leave will be granted. * * * 5.20.10 STATED - PRESENTATIONS
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 affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilwoman Reynolds-Brown, who will present a resolution recognizing the Salvation Army's Million Meals for Haiti program. Will Mr. Chez Watson and Major Andrew Murray and those accompanying them please join the Councilwoman at the podium. (Honorees and others come forward.)
I note that Councilwoman Brown is being 5.20.10 STATED - PRESENTATIONS joined by Councilwoman Blackwell. Councilwoman Brown.
Thank you, Madam President. This morning, it is our pleasure to recognize and congratulate the Salvation Army's Million Meals for the Haiti program at the Drexel armory. Whereas, as part of a nationwide effort to get nutritious food to starving people of the earthquake- and tsunami-ravaged Haiti, the Salvation Army along with you Numana, Inc. and Drexel University will package one million people for Haiti; and Whereas, the Salvation Army's relief effort in Haiti is the largest international relief effort since the Indian Ocean tsunami in 2005, and more than 20,000 people are currently homeless, hungry, and living near the army's main compound in Port Au Prince; and Whereas, the Salvation Army is 5.20.10 STATED - PRESENTATIONS working with the Haitian government, the U.S. military, FEMA, the United Nations, and NGOs and its corporate partners to implement a broad response to the tragedy; and...
Whereas, 700 Salvation Army officers and staff are permanently stationed in Haiti and have been joined by more than 40 disaster-response workers coordinating their relief; and Whereas, since the devastating earthquake in January, the Salvation Army has distributed more than 8.5 million meals in Haiti and will continue to distribute meals over the next six to nine months; and Whereas, meal-packing events have been held across the United States, in cities including Chicago, Kansas City, Los Angeles, San Francisco, and Wichita; and Whereas, Mayor Michael A. Nutter has urged Philadelphians to 5.20.10 STATED - PRESENTATIONS support this vital effort, and the Salvation Army requests only a one two-hour shift from volunteers at the event at the Drexel armory on Friday and Saturday May 21, and 22, 2010. Now, therefore, be it...
Resolved by the Council of the City of Philadelphia that City Council hereby recognizes and congratulates the Salvation Army's Million Meals for Haiti program at the Drexel University armory, and be it further resolved that an engrossed copy of this resolution be presented to the Salvation Army officials as evidence of the sincere sentiments of this legislative body. This resolution was introduced by my colleague Councilwoman Jannie Blackwell and myself, sponsored and supported by all members of the Philadelphia City Council. (Applause.)
The 5.20.10 STATED - PRESENTATIONS Chair recognizes Mr. Watson for remarks.
Well, the Salvation Army thanks City Council for this wonderful recognition and for your partnership in serving the people of Philadelphia as well as, in this case, the people of Haiti. And we welcome all those who are listening and those in your networks to join us tomorrow and Saturday for two-hour-shift volunteering to help us package up those one million meals. Thank you so much. And I want to say thank you also on behalf of Reverend Bonnie Camarda, who's down in Washington, D.C. with the President this morning but would have been here otherwise. Thank you so much. (Applause.)
The Chair recognizes Major Murray for brief remarks. MAJOR MURRAY: On behalf of the Salvation Army, I'd like to thank you for 5.20.10 STATED - PRESENTATIONS this honor. The Salvation Army is trying to make a difference; we always do. And -but we can't make a difference on our own; we need people's help, we need your help. The Salvation Army is really big at people helping people and working together to make a difference. And so, we thank you for your efforts, and we thank you, those who are going to help us tomorrow and Saturday with the Million Meals for Haiti. (Applause.)
Council will be as ease. (city Council stands at ease.) (Proceedings resume.)
The Chair recognizes Councilwoman Miller, who will present a resolution proclaiming the month of May 2010 as Building Safety Month. Will Commissioner Frances Burns and those accompanying her please join 5.20.10 STATED - PRESENTATIONS the Councilwoman at the podium. I see that Councilwoman Miller is being joined by Councilmembers chez and Tasco. (Councilmembers, honorees, and others come forward.)
Thank you, Madam President. Good morning, everyone. Proclaiming the month of May 2010 as Building Safety Month. The City of Philadelphia designates the month of May, 2010, as Building Safety Month in Philadelphia and encourages all to participate in a month-long celebration of all aspects of building safety that helps families. Employers and leaders understand and appreciate the best practices that keep the places where we live, work, and play safe; and Whereas, the International Code Council Foundation is supporting Building Safety Month throughout the month of May 5.20.10 STATED - PRESENTATIONS 2010 to help create communitywide recognition and understanding of building safety and sustainability and the critical role of codes and code officials; and...
Whereas, for the last 30 years, the 50,000 worldwide members of the International Code Council have celebrated advances in building safety and widespread interest, and the campaign has grown significantly; and Whereas, all communities need building codes to protect their citizens from everyday tragedies like fires, weather-related events like floods, structural collapse that follow the deterioration over time of buildings of all kinds; and Whereas, model building codes adopted impact and enforce by welltrained professional codes are society's best way of protecting homes, offices, schools, manufacturing facilities, 5.20.10 STATED - PRESENTATIONS stores, and places of entertainment; and Countless accidents still occur in homes across the United States and globally where codes are poorly understood and used improperly.
And whereas, the expanded Building Safety Month will help bridge these gaps and provide a broader platform to share the sphere of knowledge among architects, engineers, and skilled industry veterans so that families, businesses, and communities can be safe, strong, and sustainable; and Whereas, for example, the range of support from the President, governors, city mayors, county executives, and other officials in 2009 demonstrated widespread interest and focus on the issue of building safety; and Whereas, in recognition of the overwhelming support of the building safety movement, the 30th anniversary marks the expansion of Building Safety 5.20.10 STATED - PRESENTATIONS Week to Building Safety Month. Now...
... therefore, be it resolved by the City Council of Philadelphia that Philadelphia designates the month of May 2010 as Building Safety Month in Philadelphia and encourages all to participate in a month-long celebration of all aspects of building safety that help families, employers, and leaders understand and appreciate the best practices that keep the places where we live, work, and play safe. Further resolved that an engrossed copy of this resolution be presented to Commissioner Fran Burns as further evidence of the sincere admiration and gratitude of this legislative body. Certified that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 6th of May, 5.20.10 STATED - PRESENTATIONS 2010. Councilwoman Anna C. Verna, President of City Council, introduced by Donna Reed Miller, Marie Sanchez, and Marian Tasco, and cosponsored by all members of Council. Thank you. (Applause.)
The Chair recognizes Commissioner Burns for remarks. COMMISSIONER BURNS: Good morning.
Good morning. COMMISSIONER BURNS: First I want to thank Mayor Michael Nutter for his support, leadership, and vision; and, in that same breath, thank Council President Verna and members of Council. I've had the pleasure over the past two years of working with City Council members, and I know that when we work together, you are of heartfelt empathy for the citizens and for the 5.20.10 STATED - PRESENTATIONS community, and that's why you come to me, and that's why we work together. And I want to thank you and recognize that. At the same time, we have a lot of community partnerships throughout the city and people that are working hard for their communities and for and with us as a department. And, of course, last but not least, the employees of the Department of Licenses and Inspections, who believe in the Department's mission and in the profession and who come in every day to deliver a good and hardy service for the citizens of Philadelphia. We are glad to be here today. We're glad to get recognition of Building Safety Month and really to take this as an opportunity to have everyone recognize their role in building safety and our roles as citizens in maintaining our properties. Thank you for the recognition and for the time today. 5.20.10 STATED - PRESENTATIONS (Applause.)
Council will be at ease. (Council stands at ease.) (Proceedings resume.) * * * 5.20.10 STATED - COMMUNICATIONS
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 May 19, 2010, I signed Bill No. 100218, which was passed by Council at its session on May 13, 2010. And that on May 19, 2010, I signed all of the bills that were passed by Council at its session on May 6, 2010, except Bill No. 100214, which I am returning as disapproved. And I am transmitting herewith, for the introduction and consideration of your honorable body, 21 resolutions appointing new members to the Board of Directors for the Manayunk Special Services District. And I am also transmitting. 5.20.10 STATED - COMMUNICATIONS An ordinance authorizing the Commissioner of Parks and Recreation to enter into an agreement with Ed Snider, Youth Hockey Foundation, for the purpose of operating certain programs at the Scanlon Ice Rink; And an ordinance amending Title 2 of the Philadelphia Code, entitled "City-County Consolidation," by abolishing the Office of the Clerk of Quarter Sessions and reassigning its powers, functions, and duties; And an ordinance authorizing the Bond Committee to sell bonds at public or private negotiated sale to provide funds toward various capital municipal purposes; And an ordinance authorizing the City of Philadelphia to enter into purchase obligations for the delivery of electric supply for use by facilities owned and by leased by the City; And an ordinance authorizing the Commissioner of Public Property to 5.20.10 STATED - COMMUNICATIONS lease property bounded generally by Catharine, 12th, Clymer, and Fawn Streets from the Philadelphia Housing Authority; And an ordinance authorizing the Commissioner of Public Property to convey 1522 Parish Street and 1524 Parish Street; And an ordinance authorizing the Commissioner of Public Property to lease from the School District of Philadelphia a certain parcel of property located in the 9100 block of Academy Road; And An Ordinance Authorizing the Commissioner of the Department of Public Property to enter into an easement agreement with Northwest 15th Street Associates allowing Northwest 15th Street Associates to use portions of 1515 Arch Street; And an ordinance authorizing the paving of Fourth Street from Westmoreland to Ontario Street; And an ordinance authorizing 5.20.10 STATED - COMMUNICATIONS the revision of lines grades on a portion of City Plan No. 146 and 271 by closing Manderson Street from Delaware Avenue to Frankford Avenue to vehicular traffic; And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 154 by striking from the City Plan and vacating the southerly 12-feet-wide portion of Erie Avenue from Germantown Avenue to Elder Street; And an ordinance authorizing Ilker Ugur, owner of Café Fulya, to construct, own, and maintain two tables, four chairs, and two benches on the sidewalks located at 727 South 2nd Street; And an ordinance authorizing the amendment of certain agreements between the City of Philadelphia and the Philadelphia Authority for Industrial Development relating to an area surrounded by Pattison Avenue, 11th Street, Terminal Avenue, and Broad 5.20.10 STATED - COMMUNICATIONS Street, the Wachovia and arena parcels; And an ordinance authorizing the Director of Housing, on behalf of the City, to file applications with the United States Department of Housing and Urban Development ("HUD") for a Community Development Block Grant ("CDBG"), all under certain terms and conditions.
Thank you. The messages will be printed in the journal. The Chief Clerk will please read any other communications in his possession.
Thank you. * * * 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS
The next order of business is introduction of bills and resolutions. 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 Blackwell.
Thank you, Madam President. Today I introduce one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance, Bill No. 080487, approved July 2008, entitled, "An ordinance authorizing and directing the revision of lines and grades on a 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS portion of City Plan No. 269 by placing on the City Plan Health Sciences Drive from Civic Center Boulevard to Convention Avenue.
The bill will be referred to the appropriate committee.
And a resolution calling for public hearings before the City Council Committee on Housing, Neighborhood Development, and the Homeless to examine the roles of the Redevelopment Authority and the department of Public Property in improving housing in the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Motion duly seconded.)
It has been moved and properly seconded that 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the resolution 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 today.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS President, I offer five bills on behalf of the Administration and one privileged resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 2 of the Philadelphia Code, entitled "City/County Consolidation" by abolishing the Office of the Clerk of Quarter Sessions and reassigning its powers, function, and duties.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Parks and Recreation, on behalf of the City of Philadelphia, to enter into an agreement with the Ed Snider Youth Hockey Foundation for the purpose of operating certain programs at the Scanlon Ice Rink. 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Bond Committee to sell bonds at public or private negotiated sales to provide funds towards various capital municipal purposes.
This bill will also be referred to the appropriate committee.
And an ordinance authorizing the amendment of certain agreements between the City of Philadelphia and the Philadelphia Authority for Industrial Development relating to an area surrounded by Pattison Avenue, 11th Street, Terminal Avenue, and Broad Street, the Wachovia and arena parcels.
The bill will be referred to the appropriate committee.
And an ordinance 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS authorizing the Director of Housing, on behalf of the City, to file applications with the United States Department of Housing and Urban Development ("HUD"), for a Community Development Block Grant ("CDBG").
This bill will be referred to the appropriate committee.
And a resolution declaring November 29th through the 31st of 2010 as "Cherokee Heritage Weekend" in celebration of the 17th annual anniversary of the Cherokee Indian Festival.
Madam President, I move for the adoption of the resolution. (Motion duly seconded.)
It has been moved and properly seconded that the resolution be adopted. 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS All in favor will indicate by saying aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Sanchez.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing the paving of Fourth Street from Westmoreland Street to Ontario Street.
The 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS bill will be referred to the appropriate committee. The Chair recognizes Councilman Green.
Thank you, Madam Chair. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Jones.
Thank you, Madam President. Before I introduce bills and resolutions, I'd like to acknowledge a visitor to the chambers today: Democratic nominee Dan Onoroto. If he would say a few words. (Applause.)
I see you have a full agenda today. I just wanted to stop by and 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS say hello. As we are in Philadelphia today and tomorrow, I'm going to be meeting with your mayor and and of your councilmembers and a lot of other officials in the region. And I'm excited about the next six months. I'll be spending a lot of time in the southeast to continue to know the issues here and to continue to make sure that we focus on all of the issues that benefit all Pennsylvania. But I stopped by today just to say thank you. And I look forward to a healthy debate over the next few weeks. And I'll let you get on with your business. So thank you, everyone. Good seeing everybody. Thank you. (Applause.)
Now I have 21 resolutions and four bills, one on behalf of the administration. 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS
I would suggest that the Chief Clerk read the 21 resolutions all at one time, and we'll make a single motion.
Twenty-one resolutions appointing new members to the Board of Directors of the Manayunk Special Services District, namely: Rob Neduscin. William O'Brien. Christopher McGill. Mary Dougherty. Irene Madrak. Allen Newman. Victor Ostroff. Bruce Kravetz. Joe Abruzzi. Rick Carocci. Bruce Cooper. Robert Swarbrick. Mike Rose. Gertrude Solkov. Fran Sorokin. Andrew Lipton. 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS Terri Loring. Rich Rivera. Jack Goldberg. Sam Kroungold. And Dan Neduscin.
These resolutions will be referred to the appropriate committee.
And an ordinance authorizing Tom Leshack to constrict, own, and maintain an open-air sidewalk café 3401 Conrad Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the striking from City Plan No. 169 and abandoning of a portion of a right-of-way for construction and maintenance of sewers which extend southwestwardly and southwardly from City Avenue southwest of 54th Street.
This the bill will be referred to the 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS appropriate committee.
And an ordinance to amend the institution of the Development District Master Plan of St. Joseph's University.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the City of Philadelphia to enter into purchase obligations for the delivery of electric supply for use by facilities owned and leased by the City.
This bill will also be referred to the appropriate committee. Councilwoman Krajewski, I understand you have a bill to introduce.
Thank you very much, Madam President. I offer one bill.
Thank you. The Chief Clerk will please 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS read the title of the bill.
An ordinance authorizing the construction of sewers and appurtenant work on Arondale Avenue from State Road to a point approximately 24 feet northwest of James Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer one bill on behalf of the Administration.
The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 20-1700 of the Philadelphia Code, entitled "Philadelphia Reentry and Employment Program Prep for Ex-Offenders," and amending Chapter 19-2600 of the Philadelphia Code, entitled "Business-Privilege Taxes," by 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS modifying the duties of certain City officials with respect to the program.
This bill will be referred to the appropriate committee. At this time, the Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer two resolutions this morning.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution honoring the life and achievements of Lena Calhoun Horne.
Thank you, Madam President. I move for the adoption. (Motion duly seconded.)
It 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS has been moved and properly seconded that the resolution be adopted. All in favor will say aye. Those opposed? The ayes have it, and the resolution is adopted.
And a resolution calling on the United States Congress to renew the Childhood Nutrition and WIC Reauthorization Act and preserve Philadelphia's Universal School Meals Program.
Thank you, Madam President. I move for the adoption. (Motion duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. Those opposed? The ayes have it, and the 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer three bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing Ilker Ugur, owner of Café Fulya, to construct, own, and maintain two tables, four chairs, and two benches on the sidewalks located at 727 South Second Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the National Museum of American Jewish History, located at 101 South Independence Mall East, to construct, own, and maintain various 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS encroachments.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease property bounded generally by Catherine, 12th, Clymer, and Fawn Streets from the Philadelphia Housing Authority.
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 of the City of Philadelphia, without consideration, deeds conveying conditional fee simple to certain City-owned lots and pieces of ground with the buildings and improvements situated thereon in the 31st Ward of the City of Philadelphia. 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS
The Chair recognizes Councilman DiCicco. (No response.)
Councilman DiCicco? COUNCILMAN DiCICCO: Move for the adoption of the resolution, Madam President. (Motion duly seconded.)
It has been moved and properly seconded that the rules of Council resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Thank you. 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease from the School District of Philadelphia a certain parcel of property located in the 9100 block of Academy Road.
The 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 the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver to 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS the Philadelphia Authority for Industrial Development a deed conveying fee simple title to a certain tract of City-owned land, with the buildings and improvements thereon, situated at 1244 North Fourth Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to convey 1522 and 1524 Parish Street.
The bill will be referred to the appropriate committee.
And an ordnance authorizing the revision of lines and grades on a portion of City Plan Nos. 146 and 271 by closing Manderson Street from Delaware Avenue to Frankford Avenue.
This bill will also be referred to the 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS 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 Norris Street, Ninth Street, Berks Street and Tenth Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to enter into an easement agreement with Northwest 15th Street Associations, or their designees, allowing Northwest 15th Street Associations to use portions of 1515 Arch Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Madam 5.20.10 STATED - INTRO. OF BILLS, RESOLUTIONS President, I have no bills or resolutions today.
The Chair thanks the gentleman. * * * 5.20.10 STATED - SPECIAL ORDER OF BUSINESS
We will now proceed, under a special order of business, a resolution recalling Bill No. 090580-A. At this time, the Chair recognizes Councilman Goode.
Thank you, Madam President. I offer one resolution. Because everyone may not have received it yesterday, I move that the rules of Council be suspended to make consideration of the resolution at this time. (Motion duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit consideration of Councilman Goode's resolution. All in favor will indicate by saying aye. Those opposed? The ayes have it. And, again, I would ask the 5.20.10 STATED - SPECIAL ORDER OF BUSINESS Chief Clerk to please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 090580, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a resolution, approved by Council, proposing an amendment to the Philadelphia Home Rule Charter confirming Council's power's to enact ordinances that require the City, City contractors, and recipients of City financial assistance to provide their employees a minimum level of pay and benefits," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you, Madam President. I move for the adoption of the resolution. 5.20.10 STATED - SPECIAL ORDER OF BUSINESS (Motion duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the resolution has passed. The Chief Clerk will please read the letter from the Mayor.
To the President and the members of the Council of the City of Philadelphia, I am returning herewith, as requested by your resolution adopted May 28, 2010, Bill No. 090580-A, for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you. The Chair recognizes Councilman Goode for a motion that Council reconsider the vote by which Bill No. 5.20.10 STATED - SPECIAL ORDER OF BUSINESS 090580-A was passed.
All in favor will please indicate by saying aye. Those opposed? The ayes have it. A majority of all members having voted in the affirmative, the motion carries, and the vote by which Bill No. 090580-A was passed has been reconsidered. Again, the Chair recognizes Councilman Goode.
Thank you, Madam President. I offer an amendment to Bill No. 090580-A. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Motion duly seconded.) 5.20.10 STATED - SPECIAL ORDER OF BUSINESS
It has been moved and properly seconded that the amendment to Bill No. 090580-A be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, and Bill No. 090580-A has been amended. This bill will be placed on our final-passage calendar for our next session of Council. We will now reconsider the vote by which Bill No. 100214 was passed. This bill was passed by the Council at its May 6, 2010 session and was returned disapproved by the Mayor at today's session. At this time, the Chair recognizes Councilman Kenney.
Thank you, Madam President. I move that the Council reconsider Bill No. 100214, which was 5.20.10 STATED - SPECIAL ORDER OF BUSINESS approved by City Council on May 6, 2010.
All in favor, let it be known by saying aye. Those opposed? The ayes have it, and the motion carries. Council will now reconsider the vote by which Bill No. 100214 was passed. The Chief Clerk will please read the title of the bill.
Bill No. 100214, entitled "An ordinance amending Title 4 of the Philadelphia Code by amending Subcode F, entitled 'The Philadelphia Fire Code,' by further delineating the Philadelphia Fire Department's mission and obligation to provide fire and other emergency services via uniformed fire personnel, including firefighters and fire-service paramedics, and clarifying that all uniformed fire personnel, 5.20.10 STATED - SPECIAL ORDER OF BUSINESS including fire-service paramedics, are authorized and required to act as fire personnel."
Thank you. This bill, having been read on two different days, was duly approved by City Council on May 6, 2010, and was returned to Council by the Mayor as disappointed at today's session of Council. The question is, shall Bill No. 100214 pass, notwithstanding the Mayor's disapproval? Please note that a vote of aye is a vote to override the Mayor's veto; a vote of no is to sustain the Mayor's veto. At this time, I would please ask the Chief Clerk to call the roll.
Councilman 5.20.10 STATED - SPECIAL ORDER OF BUSINESS Clarke?
Councilwoman Miller? 5.20.10 STATED - SPECIAL ORDER OF BUSINESS
Aye. The ayes are 16, the nays are zero. Two-thirds of Councilmembers having voted in the affirmative, the Mayor's veto is overridden. (Applause.) * * * 5.20.10 STATED - CALENDAR CONSIDERATION
Okay. We will now consider our calendar. The next order of business is the consideration of the calendar. I note that the bill just reported from committee -- Councilwoman Tasco, you didn't have a committee report, did you?
Thank you. We have no bills on the first-reading calendar. At this time, I recognize Councilwoman Tasco for the purpose of calling up bills on the second-reading and final-passage calendar to be considered today.
Thank you, Madam President. Bill No.'s 100092-A, 100252, 100158, 100226, 100115, 100116, 100117, 100119, 100120, 100131, 100254, 100284, and 100156 are being called up for second-reading and final-passage calendar 5.20.10 STATED - CALENDAR CONSIDERATION today. Bill No. 100253 is being amended. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 100092-A.
An ordinance amending Title 4 of the Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-1631, entitled "Off-Street Parking Controlled District," by expanding the boundaries to be included in one such district.
This bill having been read on two different days, the question now is, shall the bill pass finally? The Chief Clerk will please call the roll.
Councilwoman 5.20.10 STATED - CALENDAR CONSIDERATION Miller?
Aye. The ayes are 16, the nays are zero. A majority of all members of Council having voted in the affirmative, the bill passes. We will now consider Bill No. 100252. 5.20.10 STATED - CALENDAR CONSIDERATION
An ordinance authorizing M.C. Fetfatzes, owner of 738 Mock, Inc., also known as Hawthornes, 1108 Fitzwater Street, to construct, own, and maintain an encroachment in the form of an open-air café on the sidewalk located at 738 through 42 South 11th Street.
This bill having been read on two different days, the question now is: Shall the bill pass finally? The Chief Clerk will please call the roll.
Councilwoman Reynolds-Brown? 5.20.10 STATED - CALENDAR CONSIDERATION
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100158.
An ordinance amending Section 12-1109 of the Philadelphia Code, entitled "Permits Required for Parades, Processions, and Assemblages," by conditioning the issuance of such permits on the applicant's agreement to reimburse the 5.20.10 STATED - CALENDAR CONSIDERATION City for additional costs the City incurs as a result of the activity for which the permit is issued, subject to a maximum reimbursement amount.
This bill having been read on two different days, the question now is: Shall the bill pass finally? The Chief Clerk will please call the roll.
5.20.10 STATED - CALENDAR CONSIDERATION Aye.
Aye. The ayes are 14, the nays are 2. A majority of members having voted in the affirmative, the bill passes. We will now consider Bill No. 100226.
An ordinance amending Section 2 of an ordinance, Bill No. 040511, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 55 in the area bounded by Aramingo Avenue, Frankford creek, and Adams Avenue." 5.20.10 STATED - CALENDAR CONSIDERATION
This bill having been read on two different days the question now is: Shall the bill pass finally? The Chief Clerk will please call the roll.
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100115.
An ordinance to adopt a Capital Program for the six Fiscal Years 2011 through 1016, inclusive.
This bill having been read on two different days, the question now is: Shall the bill pass finally? I would ask the Chief Clerk to please call the roll.
Councilwoman Krajewski? 5.20.10 STATED - CALENDAR CONSIDERATION
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill pass as. 5.20.10 STATED - CALENDAR CONSIDERATION We will now consider Bill No. 100116.
This bill having been read on two different days, the question now is: Shall the bill pass finally? The Chief Clerk will please call the roll.
Councilman 5.20.10 STATED - CALENDAR CONSIDERATION Greenlee?
Councilwoman Sanchez? 5.20.10 STATED - CALENDAR CONSIDERATION
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. I would ask the Chief Clerk to please read the title of Bill No. 100117.
An ordinance adopting the Operating Budget for Fiscal Year 2011.
This bill having been read on two different days, the question now is: Shall the bill pass finally? The Chief Clerk will please call the roll.
Councilwoman Blackwell? 5.20.10 STATED - CALENDAR CONSIDERATION
Aye. The ayes are 14, the nays are 2. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 5.20.10 STATED - CALENDAR CONSIDERATION 10019.
An ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax," 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.
This bill having been read on two different days, the question now is: Shall the bill pass finally? The Chief Clerk will please call the roll.
Councilwoman 5.20.10 STATED - CALENDAR CONSIDERATION Miller?
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100120. 5.20.10 STATED - CALENDAR CONSIDERATION
An ordinance amending Section 19-1801 of the Philadelphia Code, entitled "Authorization of Tax," 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.
This bill having been read on two different days, the question now is: Shall the bill pass finally? The Chief Clerk will please call the roll.
Councilwoman Reynolds-Brown? 5.20.10 STATED - CALENDAR CONSIDERATION
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100131.
An ordinance amending Chapter 10-700 of the Philadelphia Code, entitled "Refuse and Littering," by providing for a sanitation services fee.
This bill having been read on two different 5.20.10 STATED - CALENDAR CONSIDERATION days, the question now is: Shall the bill pass finally? The Chief Clerk will please call the roll.
Council President Verna? 5.20.10 STATED - CALENDAR CONSIDERATION
A majority of members having voted in the affirmative, the bill passes. We will now consider Bill No. 100254.
An ordinance amending Title 19 of the Philadelphia Code, entitled "Finance, Taxes and Collections," by adding a new chapter entitled "Tobacco and Tobacco-Related Tax."
This bill having been read on two different days, the question now is: Shall the bill pass finally? I would ask the Chief Clerk to please call the roll.
Councilwoman Miller? 5.20.10 STATED - CALENDAR CONSIDERATION
A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 100284. 5.20.10 STATED - CALENDAR CONSIDERATION
An ordinance amending Section 19-1301 of the Philadelphia Code, entitled "Real-Estate Taxes," by revising the real-estate tax rate.
This bill having been read on two different days, the question now is: Shall the bill pass finally? The Chief Clerk will please call the roll.
Councilwoman 5.20.10 STATED - CALENDAR CONSIDERATION Sanchez?
A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 100156.
An ordinance amending Section 14-304 of Philadelphia Code, entitled "C-3 Commercial District," amending Section 14-1402 of the Philadelphia Code, entitled "Parking in Residential Districts."
This bill having been read on two different days, the question now is: Shall the 5.20.10 STATED - CALENDAR CONSIDERATION bill pass finally? The Chief Clerk will please call the roll.
Council President 5.20.10 STATED - CALENDAR CONSIDERATION Verna?
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100253.
An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600, entitled "Miscellaneous," by amending Section 14-1611, entitled "Benjamin Franklin Parkway Controls," by exempting certain building features from being considered as part of the height of a building within a specified area subject to the Benjamin Franklin Parkway controls.
Thank you. The Chair recognizes Councilman Greenlee Clarke.
Madam 5.20.10 STATED - CALENDAR CONSIDERATION President, I would like to offer an amendment to Bill No. 100253. It is essentially the equal opportunity plan for the new temple for the Latter-Day Saints at 18th and the Parkway.
Yeah. I would like to make a motion for the approval of the amendment to Bill No. 100253. (Motion duly seconded.)
All in favor will indicate by saying aye. Those opposed? The ayes have it, and the amendment has been adopted, and the bill will be placed on our second-reading and final-passage calendar for our next session of Council. * * * 5.20.10 STATED - SPEECHES
Are there speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, again, we have probably concluded a very difficult budget year. Over the last two fiscal years, we have had significant challenges, budget deficits projected over the five-year plans of upwards of $2 billion. The Administration has done a number of things as it relates to resolving those budget challenges and those proposed deficits by rebalancing, not filling positions, a number of makers internally. 10 STATED - SPEECHES This council was asked on several occasions to do a number of things to close those challenged deficits. We, to my knowledge, passed every fee increase, and there were a significant number that were proposed in a very meaningful way. We actually, with State authorization, increased the sales tax for the City of Philadelphia, some people would say, creating a significant disadvantage for a number of our retailers in the City of Philadelphia, but because we wanted to ensure that we maintain a reasonable level of services, we supported that. 10 STATED - SPEECHES $120 million as a result of the sales tax increase. So there have been a significant level of hurdles achieved and put in place by all members of the government, both the executive, the legislative; and most importantly, our municipal workers. Fiscal '11 rolls around. Again, through no fault of the City of Philadelphia and the Administration, we are faced with another extremely difficult challenge. And this one, I think, frankly speaking, has probably been the most difficult of all three. And we've been asked again to support revenue measures to raise a significant amount of money -- again, to support the services and, subsequently, our municipal workers. 10 STATED - SPEECHES the responsibility of this council to put revenue on the table to supplant those proposals. And I think that this council stepped to the plate. This council took a vote which was probably one of the most difficult votes -- if not the most difficult vote -- that an elected official can take is raising real-estate taxes in this particular environment, in this particular city, given all of the challenges -- not that the City has but those individuals who will receive those real-estate tax increase bills. And not to mention the political side -- that it is done a year before the election. That is, like, very difficult, and I'm sure that those of you who traveled throughout the City of Philadelphia on Tuesday, as I did, every polling place that I went to throughout my district, the question about Council's vote for a real-estate tax increase came up, all right? 10 STATED - SPEECHES So that was a very difficult vote. And it was something that we had to do because, at the end of the day, we had to maintain services in the City of Philadelphia and, therefore, make sure that our municipal workers continue to work. And as a result of that, we were able to turn, which was in fiscal '10, more than a $30 million deficit to a $42 million fund balance, all right? And in most of the time that I've been here a $42 million fund balance is a reasonable fund balance. But for whatever reason, we received word today that, in spite of the $42 million fund balance, that there needs to be layoffs or some disruptions in services at a time when the upwards of $2 billion deficits were in place that there were probably less than 50 people laid off, all right? So, Madam President, I just don't simply understand the math. 10 STATED - SPEECHES had to close a upwards of $2 million fund balance over a five-year plan, and you only had to affect 50 people -- and a lot of those people were actually able to come back to work in other departments in the City -- how, with a $42 million fund balance you are wrestled with the decision to have to lay off City employees?
So, Madam President, I just want to say given what this council had to do, which was an extremely heavy lift, from my perspective, providing upwards of $100 million in additional revenue, I just simply don't understand the math. If -- and let's get to the underlying problem, since we can be candid in a very public way. We understand that our municipal workers have not had the ability to get a contract. And it is very unfortunate, 'cause I think we all support them, including the Administration. 10 STATED - SPEECHES don't have a contract. And at some point -- and I hope that point at some point will actually happen, that they will receive a fair contact. )
It will have to be paid for. And understanding that, as in all of the years that I've been here, at the end of the day, when asked to support revenue measures to fund that contract, the Council -- this council and the councils prior to us have stepped to the plate and ensured that our municipal workers received a fair and equitable contract. So I think we're prepared to do what we need to do when the contract is put in place to support the municipal workers union. So, in finishing my comments, Madam President, I think that we have passed today a reasonable and a responsible budget that leaves a 5.20.10 STATED - SPEECHES $42 million fund balance that could conceivably go beyond the $42 million. And I think, frankly speaking, that we've done a responsible thing today. So I'd like to, you know, thank all of the members for the difficult challenges that they've had as it relates to this particular budget process. Thank you, Madam President. (Applause.)
Thank you, Madam President. I would like to echo Councilman Clarke's comments and just say I'm very proud to serve on a body that, for three years, has put together responsible budgets that have saved taxpayers hundreds of millions of dollars during that time. Last year, we prevented a 19 percent property increase; we get no credit for that. This year, as 5.20.10 STATED - SPEECHES Councilman Clarke said, the choices were much tougher. And although I did not vote for this budget, we, as a body, did identify $46 million in potential reduced appropriations; these are appropriations above last year's level. We could only get the Administration to agree to $18 million of the potential identified reduced appropriations. The budget that this body passed provides funding for every position basically that the Administration requested and leaves a $42 million surplus. It is worth noting that this budget provides a hundred dollars million in new taxes. What the Administration requested was $146 million in new taxes this year and $186 million in new taxes next year. So, once again, this body has saved over $130 million in taxes being levied on the citizens of Philadelphia 5.20.10 STATED - SPEECHES through its hard work. And although I would have gone further, I just want to commend my colleagues and leadership for bringing us to this conclusion for the citizens. Thank you.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Our Partnership for Prescription Assistance table is outside for those who need help with prescription assistance or those who have constituents who need that support. Thank you.
Thank you. Does anyone else want to be recognized? (No response.)
5.20.10 STATED - SPEECHES Seeing no one, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. Madam President, I move that Council stand adjourned until Thursday, June 3, 2010, 10 a.m. (Motion duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, June 3rd. All in favor will say aye. Those opposed? The ayes have it, and the motion carries. Thank you. (Proceedings end at 11:38 a.m.) * * * C E R T I F I C A T E I HEREBY CERTIFY that the proceedings of the Thursday, May 20, 2010, Stated Meeting of the Philadelphia City Council are contained fully and accurately in the stenographic notes taken by me on Thursday, May 20, 2010, and that this is a true and correct statement of same. __________________________________ JOSEPHINE CARDILLO Registered Professional Reporter (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's.)