COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 5, 2015 10:35 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN ED NEILSON COUNCILMAN DENNIS O'BRIEN COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA MICHAEL A. DECKER, CHIEF CLERK
We have a quorum. I'd ask all guests and visitors to please retire behind the rail. Thank you very much. And we'll get started. To give our invocation this morning, the Chair recognizes the Reverend James R. Edlow, Sr., who is the Pastor of Faith Fellowship Baptist Church. He is here today as the guest of Councilwoman Tasco. I would ask all guests and visitors and members to please rise. (Members and guests rise.)
Good morning. Let us bow and pray together. Father, our God, we do give you honor and thanks for this day, for you by your grace have given each of us life. And as the session goes forth today, we pray for each person, each presenter. We ask, oh God, that your grace and your mercy will rest upon us all and that you would work, move in our hearts and in our thinking so that your love, your mercy, your justice, your care would work through us for the benefit of all. We thank you for each person and their positions. Oh God, this day may your perfect will and purpose for the good of the citizens of the City be carried forth. In your name, we pray. Amen. (Amen.)
Thank you so much for those inspiring words. Council will be at ease. (Council at ease.)
Again, thank you, Pastor. The next order of business is the approval of the Journal of the meeting of Thursday, February 26, 2015. recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, February 26th, 2015 be approved. (Duly seconded.)
Thank you. It has been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and the meeting of Thursday, February 26, 2015 stands approved. At this time, I'd just like to ask if anyone has a device, cell phone or any other device, electronic device, that makes noise, will you please turn it off or on silent. Thank you very much for time, the Chair recognizes Councilman Jones for a request of leave of absence.
Thank you, Mr. President. On behalf of the majority, there is a request for leave of absence by Councilmember Tasco.
Thank you, Councilman. Leave shall be granted. And the Chair recognizes Councilman O'Neill.
Thank you, Mr. President. On behalf of the republicans, there are no requests for leave of absence.
Thank you very much. At this time, I would like to dispense with the regular order of business and I would like to welcome and thank everyone who has come down today to witness their government in action. You treat today because this is the Mayor's budget message, so it will be a lot more detailed. We really appreciate the fact that you've come down in this very inclement weather. It shows your dedication and your love of your city and your country, so thank you so much. We have many distinguished visitors today, including elected officials. If I start calling names, I'll probably get in trouble, but I'm going to do my best. We have all of the Mayor's department heads. I want to thank all of you all very much. Let's give them a hand, these great folks here. (Applause.)
And I'm actually going to try and not mess up on the call of the elected officials. So we have our District Attorney, Seth Williams. (Applause.)
We have our State Senator, Anthony Williams. We have -(Applause.)
One of our newest and -- Jason, are you the youngest member of the General Assembly? REPRESENTATIVE DAWKINS: In the delegation.
From Philly. So young person somewhere else. Okay. Jason Dawkins. (Applause.)
And let's see. We have our distinguished members of the Philadelphia School District here, representatives. (Applause.)
Hite, Simms, Green, Jimenez. Am I missing anyone? I see we have our union representative, Mr. Wright from District 47. (Applause.)
Thank you. I'm teetering on getting in trouble, so I'm going to cut it off right here. Anyone else that I've missed, it was because I simply didn't see you, but thank you so much for being here today. The next order of business is communications, and the Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. Please read those messages, sir.
To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 and 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission on the following bills: Bill Nos. 150089 and 150092. And I am pleased to advise you 4, 2015, I signed all of the bills which were passed by Council at its session on February 19, 2015, except Bill Nos. 140571, 140635, 140649, and 140886, which I am returning without my signature. And I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2218 through 2220R Emerald Street; and Also a resolution providing for the approval by the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2016 through 2020; and An ordinance to adopt a Capital Program for the six Fiscal Years 2016 2021 inclusive; and An ordinance to adopt a Fiscal 2016 Capital Budget; and An ordinance adopting the Operating Budget for Fiscal Year 2016; and An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates; and 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, to provide for an increase in the tax; and An ordinance amending Section 19-1806 of The Philadelphia Code, 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 real estate within the School District of Philadelphia; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into an amendment to a sublease agreement with the Philadelphia Municipal Authority, for the use by the City of the premises located at 701 Market Street; and An ordinance constituting the Thirteenth Supplemental Ordinance to the General Gas Works Revenue Board Ordinance of 1998; authorizing the City of Philadelphia to sell, either at public or private sale, one or more series of Gas Works Revenue Bonds; and An ordinance constituting the Twenty-First Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1975; authorizing the Mayor, the City Controller and the City Solicitor or a majority of them to sell, either at public or private sale, Gas Works Revenue Bonds Twenty-First Series, all under certain terms and conditions.
Thank you, Mr. Decker. Those messages will be printed in today's Journal. Do you have any additional communications?
Thank you so much. Today we will not have any presentations because we have the Mayor's budget, so we'll move directly into the introduction of bills and resolutions. And the Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. Today I introduce, on behalf of the Administration, two bond bills for PGW.
An ordinance constituting the Thirteenth Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1998; authorizing the City of Philadelphia to sell, either at public or private sale, one or more series of Gas Works Revenue Bonds.
And an ordinance constituting the Twenty-First Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1975; authorizing the City of Philadelphia to sell, either at public or private sale, Gas Works Revenue Bonds of the City of Philadelphia in one or more series or subseries.
Referred to committee. And the Chair recognizes Councilman Greenlee.
Thank you, Mr. President. On your behalf, I offer one resolution.
A non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Sixteenth Ward of the City of Philadelphia.
That resolution will be on next week's Final Passage Calendar. And the Chair recognizes Councilman Henon.
Thank you, Council President. Today I offer two resolutions, one co-introduced by Councilman Neilson and Councilman Squilla.
A privileged resolution Honoring The Commodore John Barry Club.
That will be on this week's Final Passage Calendar.
And a privileged resolution Honoring the 28th Annual All Star Labor Classic Basketball Tournament.
That will also be on this week's Final Passage Calendar. And the Chair recognizes Councilman Johnson.
Thank you, Councilman. The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Mr. President. I have one non-privileged resolution and one bill.
An ordinance amending Chapter 16-700 of The Philadelphia Code, entitled "Philadelphia Land Bank," to allow the City to transfer property to the Philadelphia Redevelopment Authority for subsequent transfer to the Land Bank.
That bill will be referred to the appropriate committee.
And a non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2218 through 2220R Emerald Street.
And that will be on next week's Final Passage Calendar. And the Chair recognizes Councilman Neilson.
Thank you, Mr. President. I have one privileged resolution introduced by Councilman Squilla and myself.
A privileged resolution declaring March 23rd through the 27th, 2015 as "Youth Violence Prevention Week in Philadelphia."
That will be on this week's Final Passage Calendar. And the Chair recognizes Councilman O'Brien.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilman Goode.
Thank you, Mr. President. I offer no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilwoman Reynolds Brown.
Thank you, Mr. President. I offer one privileged resolution.
A privileged resolution recognizing and supporting women and girls throughout the world on the occasion of International Women's Day on Sunday, March 8th, 2015.
And that resolution will be on this week's Final Passage Calendar. And the Chair recognizes Councilman Jones.
Thank you, Mr. President. Today I offer six bills, one resolution on behalf of the Administration.
An ordinance to adopt a Capital Program for the six Fiscal Years 2016 through 2021 inclusive; and An ordinance to adopt a Fiscal 2016 Capital Budget; and An ordinance to adopt the Operating Budget for Fiscal Year 2016; and 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, to provide for an increase in the tax; and An ordinance amending Section 19-1806 of The Philadelphia Code, 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 within the School District of Philadelphia; and An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates.
Thank you, Mr. Decker. Those bills just read by the Chief Clerk will be referred to the appropriate committee.
And a non-privileged resolution providing for the approval by the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2016 through 2020.
And that resolution will be on -- to the committee. Thank you. The Chair recognizes Councilman O'Neill.
Thank you, Mr. President. I have no bills or resolutions.
Thank you, Councilman. The Chair now recognizes Councilman Squilla.
Thank you, Mr. President. I have five bills, one co-sponsored by Councilman Johnson.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by revising certain provisions relating to IRMX, Industrial Residential Mixed Use district; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into an amendment to a sublease agreement with the Philadelphia Municipal Authority, for the use by the City of the premises located at 701 Market Street; and An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by revising requirements for accessory signs, located within the area bounded by Juniper Street, East Passyunk Avenue and Mifflin Street; and An ordinance amending Section 19-201 of The Philadelphia Code, entitled "Curb Markets," by adding and clarifying the special provisions for the South 9th Street Curb Markets; and An ordinance amending Section 12-917 of The Philadelphia Code, entitled "Valet Parking Zones," by revising the boundaries of the Center City valet parking zone.
Thank you. Those five bills will be referred to the appropriate committee. And the Chair recognizes Councilwoman Bass.
A privileged resolution honoring, recognizing and congratulating Barbara McCabe for being a recipient of the 2015 fourth Annual Richardson Dilworth Award for distinguished public stewardship in Philadelphia's Department of Parks and Recreation.
And that resolution will be on this week's Final Passage Calendar. And the Chair now recognizes Councilman Oh.
A privileged resolution recognizing and celebrating the 15th Anniversary of the Pentecostal Clergy of Philadelphia and Vicinity for its important enrichment to Philadelphia's faith community.
And that resolution will be on this week's Final Passage Calendar. And that concludes our introduction of bills and resolutions, and we will now have reports from committee. The Chair recognizes Councilman Squilla for a report from the Committee of Streets and Services.
Thank you, Mr. President. The Committee on Streets and Services reports seven bills with a favorable recommendation.
you, Councilman. Mr. Decker, please read that report.
To the President and members of the Council of the City of Philadelphia, the Committee on Streets and Services, to which was referred Bill No. 140907, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' by adding a new Section 9-634, entitled 'Urban Experiential Displays,' to provide for licensing and regulation of Urban Experiential Displays; and amending Chapter 10-400 of The Philadelphia Code, entitled 'Noise and Excessive Vibrations,' to regulate the sound emanating from Urban Experiential Displays"; and Bill No. 150006, entitled "An ordinance establishing parking regulations in the vicinity of: Fairmount Avenue and 18th Street; Melon 15th Street; 4th Street and Thompson Street"; and Bill No. 150055, entitled "An ordinance establishing parking regulations in the vicinity of: Christian Street and 11th Street; Cross Street and 10th Street; Queen Street and Front Street; Moore Street and 12th Street; Water Street and Washington Avenue; Fitzgerald Street and 11th Street; Clarion Street and Porter Street"; and Bill No. 150074, entitled "An ordinance amending Section 9-205 of The Philadelphia Code, entitled 'Sidewalk Sales,' to further regulate sidewalk sales and related conduct in the Sixth Councilmanic District"; and Bill No. 150089, entitled "An ordinance authorizing Guy Gindhart for 1700 Chestnut Street to construct, own, and maintain an exterior stairs at 1700 through 14 Chestnut Street"; and Bill No. 150121, entitled "An masonry and concrete patio encroaching on the public right-of-way at 214 West Sergeant Street"; and Bill No. 150123, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers' Markets,' by adding Greener Pastures, located at 1290 Southampton Road, as a permissible location," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Mr. Decker. The Chair again recognizes Councilman Squilla.
Thank you, Mr. President. I move that the rules of Council be suspended so to permit first reading this day of the seven bills that were just read into the record. (Duly seconded.)
been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 140907, 150006, 150055, 150074, 150089, 150121, and 150123. All those in favor say aye. (Aye.)
The ayes have it. Those bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilman O'Brien for a report from the Committee of Disabled and Special Needs.
Thank you, Mr. President. The Committee on the Disabled and Special Needs issues a report pursuant to Resolution No. 150026.
Thank you, Councilman. Mr. Decker, please read the
The Committee on the Disabled and Special Needs, to which was referred Resolution No. 150026, entitled "A resolution authorizing Council's Committee on the Disabled and Special Needs to hold public hearings to examine the Philadelphia Autism Project's final report and strategic plan," respectfully reports that the Committee held the hearings authorized by Resolution No. 150026 on February 2, 2015 and February 27, 2015 and that the Committee issues to the Council the attached final report on the matters discussed at the hearing.
Thank you very much. The next order of business is the consideration of the Calendar, and I note that those bills just reported from committee with suspension of the rules have been deemed to have had a first reading. They will be placed on our 3/5/15 - STATED - 1ST READING Second Reading and Final Passage Calendar at our next session of Council. Mr. Decker will please read any other bills on the First Reading Calendar today.
Bill No. 140906, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Section 14-203, entitled 'Definitions,' and by amending Chapter 14-500, entitled 'Overlay Zoning Districts,' to add a new Section 14-516, entitled '/UED Urban Experiential Display Overlay Control District."
Thank you, and the Chair agrees. The bill will be placed on our Second Reading and Final Passage Calendar at our next session of Council. The Chair now recognizes Councilman Jones for the purpose of calling up resolutions and bills on the Second Reading and Final Passage 2ND READING Calendar.
Thank you, Mr. President. The following resolutions and bills are being called up from Second Reading and Final Passage Calendars today: Nos. 150129, 150150, 150151, 150152, 150154, 140936, 141031, 150007, 150050, and 150011. All other resolutions and bills are being held.
Thank you very much. We will now have our public comment session. I know, Mr. Decker. I have to say this, though. He's telling me that we don't have anyone to testify, but I have to say it. We will have our public comment session. If anyone is interested in testifying on a bill or resolution that's on the Final Passage Calendar today, if you haven't already done so -- and I've been informed that you haven't -- please sign up at the table to my left. Your name will be called. There is supposed to be a device in the middle, but it's not there, so -- we have to go through this. And there's a device on the podium. When the light turns green, it is your time to speak, and when the light turns yellow, you'll have 30 seconds to conclude your remarks, and when the light turns red, we'd ask that you adhere to the guidelines and please conclude your remarks. You will be given three minutes to testify. Mr. Decker, now call the first name.
There are no speakers on the public comment list today, Mr. President.
Thank you very much. We will now move to our Calendar and, Mr. Decker, 150129.
A resolution urging Congress and the United States 3/5/15 - STATED - 2ND READING Department of Transportation to release specifications for tank car design and for Philadelphia rail companies to rapidly upgrade and replace crude oil tank cars.
Thank you, Mr. President. I would like to offer an amendment to Resolution No. 150129. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)
It's been moved and properly seconded that the amendment to 150129 be approved. All those in favor? (Aye.)
The ayes have it, and 150129 is amended and 3/5/15 - STATED - 2ND READING it will be on our next session of Council. Mr. Decker, 150150.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Fifty-First and Sixtieth Wards of the City of Philadelphia.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
3/5/15 - STATED - 2ND READING Those opposed? (No response.)
The ayes have it, and Resolution 150150 is adopted. Mr. Decker, 150151.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-Sixth Ward of the City of Philadelphia.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. 3/5/15 - STATED - 2ND READING All those in favor? (Aye.)
The ayes have it, and Resolution 150151 is adopted. Mr. Decker, 150152.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Seventh Ward of the City of Philadelphia.
The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you. I move for its adoption. 3/5/15 - STATED - 2ND READING (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and Resolution 150152 is adopted. Mr. Decker, 150154.
A resolution supporting House Bill 229 which creates a punishable offense for the cyber harassment of a child in Pennsylvania and to raise awareness of the need for accountability for cyber bullying in Philadelphia.
Thank you, Mr. President. I move for the adoption of the resolution. 3/5/15 - STATED - 2ND READING (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and that resolution, 150154, is adopted. Mr. Decker, please read the title of 140936.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Market Street, 48th Street, Haverford Avenue, and 46th Street.
This bill has been read on two separate days. The question is shall the bill pass finally. 3/5/15 - STATED - 2ND READING Mr. Decker, call the roll.
Aye. The ayes are 16; the nays are zero -- the ayes are 15. I forgot Councilman Kenney. I still see him sitting over there. The ayes are 15; the nays are zero. A majority of members present 3/5/15 - STATED - 2ND READING voting in the affirmative, the bill passes. Mr. Decker, 141031.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 6th Street, Wood Street, 2nd Street, Benjamin Franklin Bridge Access Road, and Vine Street Expressway Ramp.
This bill has been heard on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Aye. The ayes are 15; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, 150007.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Front Street, Oxford Street, Frankford Avenue, Norris Street, Aramingo Avenue, Fletcher Street, Moyer Street, Berks Street, Girard Avenue, Columbia Avenue, Beach Street, Delaware Avenue, Frankford Avenue, and Girard 3/5/15 - STATED - 2ND READING Avenue.
Thank you. This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.