Stated Meeting, April 29, 2010

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 29, 2010 10:05 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO MICHAEL A. DECKER,

Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will take their seats, and visitors will retire to the seats outside the rails. At this time, I would like to ask everyone to please stand for a moment of silence in memory of Tina Thompson, who worked in City Council for 14 years and passed away suddenly earlier this week. I would also ask that you please remain standing for our invocation. (Members and guests standing.) (Moment of silence.)

May she rest in peace. Thank you. To give our invocation this morning, the Chair recognizes Monsignor Michael McCulkin from the Cathedral Basilica of Saints Peter and Paul. He is here today as the guest of Councilman McCULKIN: Let us pray. Heavenly Father, we come before you this day asking you to hear our prayers, to answer our petitions, to help us in our need. We praise and thank you, Almighty Father, for the gift of life most especially and for all the blessings you have given to us, to our nation and to our city. Father God, as these members of City Council gather to fulfill their duties and responsibilities, grant them your wisdom, courage, right judgment, understanding, indeed every gift of your spirit. In their deliberations, help them to know and to do your will so that in the fulfillment of their duties as servants of the public trust and leaders of the public good, your peace and justice may abide with each and every one of us, citizens and visitors of this Father, may they always understand, appreciate and know that you are the source of all life and of all love. May they remember that your laws are the only true measure of human law and human activity. And may all the citizens of this City of Philadelphia be blessed by you through the work which these Councilmembers do on behalf of us all. We ask all these things with hope and entrust in your loving providence and eternal mercy, now and forever. Amen. (Amen.)

The Chair thanks the Monsignor for his very inspiring invocation. Council will be at ease. (Council at ease.)

The next order of business is the approval of of the meeting of Thursday, April 22nd, 2010, and the Chair recognizes Councilman Clarke.

Thank you, Madam Chair. I move that the Journal of the meeting of Thursday, April 22nd, 2010 stand approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of Thursday, April 22nd, 2010 stand approved. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilman Clarke.

Thank you, Madam Chair. Madam Chair, on behalf of the majority, there is a leave of absence requested for Councilwoman Tasco.

The Chair thanks the Councilman. Leave will be granted. The Chair recognizes Councilman O'Neill.

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

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome 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 The Chair recognizes Councilmembers DiCicco and Kenney, who will present a resolution recognizing the Neumann-Goretti Basketball Team for winning the Philadelphia Catholic League Championship as well as the PIAA AAA State Championship. Will Coach Carl Arrigale and the team members and those accompanying them please join the Councilmen at the podium.

Thank you, Madam President. This is a resolution congratulating the Saints John Neumann-Maria Goretti Boy's Basketball Team on winning the Philadelphia Catholic League Championship, City of Philadelphia Championship and the PIAA AAA State Championship. Whereas, the Neumann-Goretti Basketball Team led by Carl Arrigale had an outstanding season finishing 30 and 1; and Whereas, during the season, the Saints attended the Iolani Classic Tournament in Hawaii where they played against teams from all over the country but came in second and picked up their only loss of the season against No. 1 nationally ranked Yates High School from Houston, Texas at a score of 97-96; Whereas, Neumann-Goretti defeated Archbishop Carroll High School 75 to 59 to win the Philadelphia Catholic League Championship that kicked off the beginning of their sensational triple crown performance; Whereas, the Saints started on a streak and went to defeat Dobbins 75-55 to capture the City Championship in an exciting game that truly showed the discipline and skill of the Saints team; Whereas, the talent of this team is truly unmatched, with the team's seniors having a record of 97 and 20 and winning two Catholic League titles in their four years at Neumann-Goretti High School; COUNCILMAN DiCICCO: Whereas, Senior Guard Tony Chennault was named Gatorade Pennsylvania Boy's Player of the Year in recognition for his academic and athletic accomplishments. Tony Chennault, Tyreek Duren, Danny Stewart, Mustafaa Jones and Lamin Fulton had an extraordinary season and all five starters were voted onto the Philadelphia All Catholic Team; and Whereas, the season hit its pinnacle moment when the Saints defeated Chartiers Valley 65-63 winning the PIAA AAA Championship, which became the team's first state title in school history; and Whereas, the Neumann-Goretti Saints finished No. 2 overall in the ESPN's Boy's Basketball FAB 50 and ranked No. 5 in the nation by USA Today. Now, therefore, be it resolved, by the Council of the City of Philadelphia, that Council does hereby congratulate Saints John Neumann-Maria on winning the Philadelphia Catholic League Championship, City of Philadelphia Championship and the PIAA AAA State Championship. Further resolved, that an engrossed copy of this resolution be presented to Saints John Neumann-Maria Goretti Boy's Basketball Team, further evidencing the sincere sentiments of this legislative body. Signed by Councilwoman Anna C. Verna, co-sponsored by myself and Councilman Kenney, Councilman Jones, Councilman Green and also all members of City Council. Congratulations. (Applause.)

The Chair recognizes Mr. Arrigale for remarks.

Thank you. On behalf of Neumann-Goretti administration, our team and everyone involved with our program, we'd like to thank City Council for having us here today with this resolution. A special thanks to Councilwoman Verna, Councilman DiCicco and even St. Joe's Prep's very own Councilman Kenney. It's a real honor, and it's just a pleasure for us to be here today and I want to thank everybody. (Applause.)

Thank you. Council will be at ease. (Council at ease.)

The Chair now recognizes Councilwoman Miller, who will present a resolution acknowledging Correctional Employees Week. Will Commissioner Giorla and those accompanying him please join the Councilwoman at the podium.

Good morning. I just need to let people know the Prison didn't close. They have a lot However, it's still open. Recognizing May 3rd through May 9th, 2010 as Correctional Employees Week. Whereas, the employees of the Philadelphia Prison System manage a population of over 8,000 inmates, 24 hours a day, 365 days a year; and Whereas, our prison employees are responsible for the safety, security, dignity and well-being of those who are charged to their care; and Whereas, by carrying out their duties effectively, the men and women who work at the Philadelphia Prison System are protecting our communities and enabling the smooth function of our criminal justice system; and

Whereas, within a controlled environment, our correctional employees provide the guidance, instruction, skills and opportunities that allow people to remake their lives and to reconnect with their communities; Whereas, most importantly, our correctional employees have demonstrated a vision of a correctional system that works hand in hand with our communities and neighborhoods to support and encourage those who change their lives and begin to reach the promise and potential that is within each of us; and Whereas, correctional employees are a vital partner in the public safety picture; Whereas, no group of Philadelphia's public servants have a more difficult or less publicly visible job than the women and men that work in our correctional facilities and offices. Now, therefore

Now, therefore, be it resolved, by the City Council of Philadelphia, that May 3rd through May 9th, 2010 be recognized as Correctional Employees Week. Further revolved, that an resolution be presented to Commissioner Louis Giorla as evidence of the sincere sentiments of this legislative body. This is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 22nd day of April 2010. Signed by Anna C. Verna, President. Introduced by Donna Reed Miller and Frank Rizzo and co-sponsored by all members of City Council. (Applause.)

The Chair recognizes Commissioner Giorla for remarks. COMMISSIONER GIORLA: Thank you, Council President, Councilman Rizzo, Councilwoman Reed Miller, members of Council. On behalf of all the employees of the Philadelphia Prison System, let me offer my thanks for your recognition. I brought a number of employees with me who have been chosen Employees of different departments, and they represent scores of other people who work for the prisons and dedicate their lives every day to public service, many more who are on duty at this moment. So let me just offer my sincere thanks for this honor. Thank you. (Applause.)

Council will be at ease. (Council at ease.)

At this time, the Chair recognizes Councilwoman Sanchez, who will present a resolution honoring Telemundo and the Please Touch Museum for their Day of the Children event. Will Yolanda Jimenez and Concetta Bencivenga and those accompanying them please join the Councilwoman at the podium. I see that Councilwoman Brown is being joined for this resolution.

Thank you, all. Recognizing and celebrating Telemundo Philadelphia and the Please Touch Museum's annual Dia del Nino and declaring May 1st, 2010 as Dia del Nino in the City of Philadelphia. Whereas, Dia del Nino, or Children's Day, is an annual event at Philadelphia's Please Touch Museum which provides an opportunity for youth in the Latino community, as well as all of Philadelphia's children, to explore youth activities across cultures and across the world;

And whereas, Dia del Nino offers Philadelphia's children the opportunity to enjoy and explore a variety of activities, such as music, dancing and games, which engage children through interactive educational opportunities; and Whereas, the 2010 Dia del Nino diversity within the arts and the Latino community by offering Aztec and Flamenco dancing, Puerto Rican folk dances, a puppet theatre with children's stories and also a unique opportunity for children to experience television reporting through an interactive reporting studio provided by Telemundo; and Whereas, the Second Annual is sponsored by Telemundo Philadelphia, the Philadelphia Please Touch Museum and a host of other contributing organizations, including holaciudad!, Goya, HCCS, Kidz Partners, CHIP, McDonald's, Philadelphia Kixx, El Sol Newspaper, Mega, ASPIRA, Monarch House, Congreso, TOGETHER Chilean Consulate, Cultural Roots Latin American and the Puerto Rican Workshop; and Whereas, the Second Annual Dia del Nino will take place on May 1st, 2010 at the Philadelphia Please Touch Museum.

Therefore, be it resolved, by the Council of the City of Philadelphia, that May 1st, 2010 be recognized as Dia del Nino at the Please Touch Museum. We offer our sincerest gratitude to Telemundo Philadelphia and the Philadelphia Please Touch Museum for their continued dedication to providing Philadelphia's children with exciting cultural and educational activities. The annual Dia del Nino event has inspired and educated children and families across Philadelphia and beyond, and we look forward to many more years of fun, commitment and success. Be it further resolved, that a copy of this be presented to Telemundo and the Please Touch Museum as a token of appreciation from the Council of the City of Philadelphia, a certified copy by our President, Anna Verna, and all my colleagues in City Council. Thank you very much. (Applause.)

Good morning. On behalf of Telemundo Philadelphia and holaciudad.com, thank you, Councilwoman Quinones-Sanchez, all members of Council, our sponsors, the great partnership between the Please Touch Museum and Telemundo Philadelphia. Children's Day, or Dia del Nino, is a day to celebrate children and their rights, a day where children can learn through play and enjoy the blessings of being a child. Thank you.

Thank you.

Good morning. My name is Concetta Bencivenga and on behalf of Laura Foster, President and CEO of Please Touch Museum, I would like to thank the Councilwoman and all members of City Council for honoring us with this wonderful recognition for Dia del Nino. We look forward to seeing everyone on Saturday. (Applause.)

Council will be at ease. (Council at ease.)

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

To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on April 22 and April 28, 2010, I signed all of the bills that were passed by Council at its sessions on April 15 and April 22, 2010, except Bill No. 090923; and I am transmitting herewith for the introduction and consideration of your honorable body an ordinance authorizing the Division of Technology to with Network Acquisition Company for the purchase of certain equipment and other assets comprising a wireless communications network; and Also an ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," to create two new Plans, entitled "Plan '10" and "DC Plan," for certain employees hired or rehired on or after January 1, 2010; and certain electing employees; and making technical changes; 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.

I have none, Madam President.

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

Thank you, Madam President. I offer one resolution and one bill.

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

An ordinance amending Section PM-304.10 of The Philadelphia Property Maintenance Code of Title 4 of The Philadelphia Code, entitled "Periodic Inspection of Exterior Walls and Appurtenances of Buildings," by providing for appeals, under certain terms and conditions.

The bill will be referred to the appropriate committee.

And a resolution authorizing City Council's Joint Committees on the Environment and Streets and Services to hold public hearings to investigate the benefits of installing energy efficient Light Emitting Diodes streetlights, reducing annual energy payments associated with streetlights.

Thank you. The Chair recognizes Councilman Kenney for a motion.

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 indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today I introduce one bill.

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

An ordinance renaming and designating the 39th and Olive Street Playground in Mantua as the "Norman (Butch) Ellis Playground."

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

Thank you, Madam President. I offer one resolution co-sponsored by Councilmembers Kenney and DiCicco.

Thank you.

A resolution honoring and recognizing Viki Sand.

The Chair recognizes Councilman Greenlee.

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 indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.

Thank you, Madam President. The Committee on Appropriations -- I have no bills or resolutions. Sorry.

Thank you. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. Today I have one resolution.

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

A resolution proclaiming May 2010 as "May is Better Hearing and Speech Month."

The Chair recognizes Councilwoman Miller.

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

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

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.

Thank you, Madam President. I have one resolution.

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

A resolution urging the Islamic Republic of Iran to immediately release three young American vacationers, Joshua Fattal, Shane Bauer and Sarah Shourd, who have been detained since July 31, 2009.

Again, the Chair recognizes Councilwoman Sanchez.

Thank you, Madam Chair. I move for the adoption. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Green.

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

The Chair thanks the gentleman. The Chair recognizes Councilman Jones.

Thank you, Madam President. I have one resolution.

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

A resolution recognizing and celebrating the wisdom, experience and contributions of Philadelphians in the second half of life during Older Americans Month.

The Chair recognizes Councilman Jones.

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

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

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.

Thank you, Madam President. I offer one bill on behalf of City Council leadership. I did not draft the bill, I did not sign the bill, and I'm not committed to voting for the bill.

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

Madam President, this is a real estate tax bill and I want to make it clear, unless you or Councilman Clarke are aware of anything otherwise, that this is not on behalf of Council leadership. It's on behalf of the democratic Council leadership, and Councilman Rizzo and I have not been consulted, nor do we agree with this. Thank you.

That will be noted for the record. The Chief Clerk will please read the title of the bill.

An ordinance amending Section 19-1301 of The Philadelphia Code, entitled "Real Estate Taxes," by revising the real estate tax rate, under certain terms and conditions.

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

Thank you, Madam President. No bills or resolutions today.

Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill.

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

An ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," to provide for proper display of valid parking meter kiosk receipts.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.

No bills or resolutions.

Thank you. The Chair recognizes Councilman Clarke.

Thank you, Madam President. Madam President, just for the record, as a member of democratic leadership, I did not draft this legislation.

I didn't draft it either. We had the appropriate person draft it. Thank you.

Thank you.

We're getting very, very technical.

Sometimes you must do that. Madam President, I have four bills, one co-sponsored by -

And I believe you have one resolution.

Pardon me?

I believe you also have one resolution.

No. We're holding the resolution. One of the bills is co-sponsored by Councilman Kelly and the other -- one is on your behalf and the other is co-sponsored with you and me.

Thank you.

You and I.

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

An ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," to create two new Plans, entitled "Plan '10" and "DC Plan," for certain employees hired or rehired on or after January 1, 2010.

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 Lindbergh Boulevard, 58th Street, Eastwick Avenue and 61st Street.

The bill will be referred to the appropriate committee.

And an ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by amending Section 9-613, entitled "Junk Dealers," by requiring Junk Dealers to obtain from each customer a photocopy of valid government issued photo identification pursuant to each business transaction.

The bill will be referred to the appropriate committee.

And an ordinance authorizing the Division of Technology to enter into an agreement with Network Acquisition Company for the purchase of certain equipment and other assets comprising a wireless communications network.

This bill will also be referred to the appropriate committee. Councilman, do you have a resolution that you're going to introduce?

No, Madam President. I'm holding that.

Okay. Thank you. The Chair recognizes Councilman Kelly.

Madam President, I offer one bill co-sponsored by Councilman Clarke.

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

An ordinance amending Section 9-613 of The Philadelphia Code, entitled "Junk Dealers," by establishing a license for junk dealers and revising penalties for violations.

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

Madam President, two resolutions.

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

A resolution recognizing Friday, May 7, 2010 as Firefighter/MDA Day to kickoff the annual International Association of Firefighters Local 22 "Fill-the-Boot" Campaign in the City of Philadelphia.

The Chair recognizes Councilman Rizzo.

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

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

Those opposed? (No response.)

The ayes have it and the resolution is adopted.

And a resolution recognizing, honoring, and celebrating the officers of the Philadelphia Police Department and declaring Thursday, May 27, 2010, "Philadelphia Police Officers Appreciation Day."

Again, the Chair recognizes Councilman Rizzo.

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

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

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The next order of business is reports from committees. The Chair recognizes Councilwoman Blackwell for a report from the Finance Committee.

Thank you, Madam President. The Committee on Finance reports out one bill with a favorable recommendation.

Thank you. The Chief Clerk will please

To the President and members of the Council of the City of Philadelphia, the Committee on Finance, to which was referred Bill No. 100093, entitled "An ordinance authorizing and directing the Mayor of the City of Philadelphia to enter into, execute, and deliver an agreement with the Philadelphia Housing Authority to broaden and make more efficient housing opportunities and related services administered by the Philadelphia Housing Authority and existing within the City; and specifically, which will make additional units of affordable housing available to City residents, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Thank you. The Chair recognizes

Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 100093. (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 bill just reported from committee. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilwoman Krajewski for a report from

Thank you, Madam President. The Committee on Appropriations reports three bills out with a favorable recommendation.

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

The Committee on Appropriations, to which was referred Bill No. 100216, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2010 from the Grants Revenue Fund, the Director of Finance Provision for Other Grants to the Housing Trust Fund, the Mayor - Office of Housing and Community Development"; and Bill No. 100217, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the Grants Revenue Fund from the Director of Finance - Federal Stimulus Funding to the Department of Parks and - Parks, the Department of Human Services - Philadelphia Prisons and the District Attorney"; and Bill No. 100218, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the General Fund from the Managing Director - Division of Technology, the Managing Director - Office of Fleet Management, the Department of Human Services - Philadelphia Prisons, the Department of Revenue - Sinking Fund Commission and the Board of Revision of Taxes," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Again, the Chair recognizes Councilwoman Krajewski.

Thank you. I move that the rules of Council be suspended so as to permit first reading this day of Bills 100216, 100217 and 100218. (Duly seconded.)

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilwoman Miller for a report from the Committee on Public Safety.

Thank you, Madam President. The Committee on Public Safety reports one bill with a favorable recommendation.

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

The Committee on Public Safety, to which was referred 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, including Fire Service Paramedics, are authorized and required to act as fire personnel," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Thank you. Miller.

I move that the rules of Council be suspended so as to permit first reading of this bill -- first reading this day of Bill No. 100214. (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 bill just reported from committee. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. We do have special business to considered at this time. The Chair recognizes Councilman Clarke for a special order of business.

Thank you, Madam President. Madam President, Resolution No. 100235, which would approve the annual Program Statement and Budget for the expenditure of NTI Bond Proceeds for Fiscal 2010 was referred to the Committee on Housing. I move that the Committee on Housing be discharged from further consideration for Resolution 100235 so that the resolution may be placed on the Calendar for today. (Duly seconded.)

Thank you. It has been moved and properly seconded that Resolution No. 100235 be discharged from committee. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and Resolution No. 100235 is discharged from committee. Resolution No. 100235 will be placed at the end of today's Calendar for consideration today. The Chair now recognizes Councilman DiCicco for an additional special order of business. COUNCILMAN DiCICCO: Thank you, Madam President. Madam President, Bill No. 100198 relating to the real estate tax was referred to the Committee of the Whole. As the sponsor of the bill, I would like the bill to be withdrawn. However, before the bill may be withdrawn, it must first be discharged from committee. Therefore, I move that the Committee of the Whole be discharged from consideration of Bill No. 100198. (Duly seconded.)

Thank you. It has been moved and properly seconded that Bill No. 100198 be from committee. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and Bill No. 100198 is discharged from committee. The Chair again recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that Bill No. 100198 be withdrawn. (Duly seconded.)

Thank you. It has been moved and properly seconded that Bill No. 100198 be withdrawn. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and Bill No. 100198 is withdrawn.

Madam President, I'd like to be recognized.

I'm sorry. I didn't see your light on. The Chair recognizes Councilman O'Neill.

I'd like to be recognized for an additional special order of business. Madam President, Bill No. 100118 relating to the sugar-sweetened beverage tax was referred to the Committee of the Whole. I move that the Committee of the Whole be discharged from further consideration of Bill No. 100118. (Duly seconded.)

Oppose. COUNCILMAN DiCICCO: Point of order.

Just a moment, please. this been discussed with the sponsor of the bill?

Madam President, this is an Administration bill that was introduced by the Majority Leader. It's my personal belief that it's an Administration bill. If the Majority Leader wasn't here, the Minority Leader would have been -- Majority Whip would have been asked to introduce it, and if the Majority Whip weren't here or didn't want to introduce it, it would go to another member for introduction, and we saw that today I think in the case of the bill introduced by Councilman Goode. This is not the equivalent of what Councilman DiCicco just said was his bill. That was not an Administration bill. That was Councilman DiCicco's bill, and I would never have moved to discharge or in any other way similarly effect a bill introduced by another Councilmember on their own behalf. Thank you.

Thank you. The Chair recognizes Councilwoman Brown.

Madam President, I am hard-pressed to understand why we are moving to discharge a bill when we have yet as a Council body not decided how we're going to act on any of these bills as a whole.

Madam President, I can respond to that.

Please do.

If there aren't nine votes to discharge it, we certainly made a strong statement in terms of our willingness to still consider this. It's my understanding that there aren't any votes or not more than one or two, and we're not going to move this budget process along until we can put some of these matters to rest so they're out of the public eye and move matters that are, as of today at least, very seriously in the public eye, like the real estate tax. And this budget has been going nowhere and maybe this is a way to start moving it in the direction it has to move in a little over a month. Thank you.

The Chair recognizes Councilman Greenlee.

Thank you, Madam President. I think at hearings I certainly raised concerns that I have, and I certainly am not supportive of the sugar tax. However, I'm not sure this is the way to do things right now, with all due respect to Councilman O'Neill. In fairness, just to compare it to what just happened, Councilman DiCicco called or tried to at least contact every Councilmember about his withdrawal of his bill, and I know it's different, but he, I think, went through what I would call proper procedures. I think to just be asked to have a bill discharged just on the floor without any discussion from other members, with all due respect to Councilman O'Neill -- and I think I share his opinion on the merits of the bill -I just don't think this is the way to go and I think it could start sort of a bad precedent. So I would respectfully ask Councilman O'Neill to withdraw his motion. If he doesn't, I think we should not at this point discharge it, although I will go on record to anybody that might be listening, I do agree with Councilman O'Neill, I think there are serious concerns about this bill.

Thank you.

Thank you, Madam President.

The Chair recognizes Councilman Kenney.

Thank you, Madam President. I have similar concerns about the sugar-sweetened beverage tax in its current form and also the trash bag fee, or whatever that is, but the thing that people should be aware of is if those two vehicles come off the table, the only alternative you're going to have is real estate taxes, and it's going to be a lot higher than nine percent, which is what some people think may be doable. The other alternative to that -- and I know that many people in this Chamber always talk about their support for the Police and Fire Department and their members and the members of the City government workforce, but the only other alternative to raising revenue is laying all those folks off, which I don't think is really very supportive of them in the long run. It takes a long time to become a firefighter in the City and a police officer in the City and become a worker, and if the alternative that is being suggested is we take everything off the table or we are raise real estate taxes much higher than are being recommended now or we lay off folks, I just want to make sure everybody knows the alternatives, because the alternative to no revenue is layoffs, and if that's where people want to go, that's fine, but don't profess your support for certain departments in the City if you're willing to allow them to lose their jobs.

Thank you. The Chair recognizes Councilwoman Sanchez.

Thank you, Madam President. I share similar concerns with the revenue options presented by the Administration, but I will remind my colleagues that for the last few weeks many of us have been working countless hours to try to find some solution to potential layoffs but, at the same time, ask the Administration to make further cuts. And in the spirit of those discussions where we have debated and talked about revenue options and cuts and what cuts will mean to services, I would ask that my colleague withdraw this at this time. I think we've made good progress. The numbers are what they are, and I think that we have been elected to provide some leadership and if we agree with these numbers, to provide the Administration with a viable option that we can live with politically, and I think that taking anything off the table right now sends the signal that we're not reaching consensus, and I actually believe that we have some philosophical agreements of where we want to go. Thank you.

Thank you. The Chair recognizes Brown.

Thank you, Madam President. I also would like to go on record on two matters. One, to appeal to my colleague to withdraw his motion, and secondly to make it exceedingly clear I support all of what the sugar tax stands for. And to underscore Councilman Kenney's issues raised, at the end of the day we have to do something, because cuts are not going to get us there. And, lastly, it's my understanding that leadership has been in consistent, regular, deliberative discussions about how best we move to a solution that all of us can live with. Thank you, Madam President.

You're welcome. The Chair recognizes Councilman Goode.

Thank you, Madam President. have taken testimony on this bill. We've also taken public testimony at least twice so far where a number of people have chose this bill to discuss in their public testimony, and we'll be taking public testimony next Tuesday, Friday and Saturday. Every member of Council is aware that there is very little support for this bill. At the end of the day, I don't really see a reason why we will allow the sugary drink industry to spend the amount of money that they're spending to defeat a bill that may already be dead, particularly when that money would be better invested in education about health. So if we're going to take testimony next Tuesday, Friday and Saturday, also why take time away from issues that we can discuss otherwise, knowing the position of the public, knowing the position of the industry and knowing our own positions in terms of we actually will stand at the end of the day. So the issue is why waste time.

Thank you. The Chair recognizes Councilman Clarke.

Thank you, Madam President. Madam President, I think a lot has obviously been said about this particular bill, so I'll speak more about the procedural issue and acknowledging that there has been substantive discussion, regardless of the fact that we have not come to a consensus on anything at this point, but I do believe that that discussion continues to happen. As Councilman Goode just said, we actually just have some additional public testimony. I'm a little concerned, from my personal perspective, about removing any of the issues off of the table that can revenue, because I don't see any one particular proposal at this point that will raise what I believe to be ultimately the necessary revenue, because at the end of the day, the number of cuts will be subject to some sort of concurrence from the Mayor. That has not happened yet. So prior to us eliminating any revenue options, I think it's probably prudent on behalf of Council to keep all options on the table and continue the deliberate conversations that we are having and do this in a thoughtful and meaningful way. So I respectfully ask my colleague -- and I understand his concern, because I think all of us have concerns about this particular issue -if he will withdraw the motion so we can keep those options on the table and continue the level of conversation. It appears that we are making progress. I can honestly say today as it to the real estate tax that was withdrawn by Councilman DiCicco, I probably -- and although I support Councilman DiCicco on pretty much everything he's ever wanted to do, I would have had some concerns about voting for that unless there was a viable option; i.e., the bill that was introduced, quote/unquote, on behalf of the leadership of the democratic Council. That, to a degree, supplanted that bill that was withdrawn, so I felt a little more comfortable with that. But at this point, I don't see any other options that will be on the table if we start withdrawing some of the other revenue measures. So I respectfully ask my colleague to withdraw his motion.

Thank you. The Chair recognizes Councilman Jones.

Thank you, Madam President. have the highest degree of respect for my colleague Councilman O'Neill and recognize his party's leadership in this legislative body, but equally and, if not more, I recognize my majority leader, Councilwoman Tasco's, responsibility in the democratic leadership. She introduced the bill. She is not here to defend it. In that process alone, we should give her the courtesy of having input on that discussion. Secondly, last year this body punted its responsibility to the Commonwealth of Pennsylvania and asked them to do the heavy lifting to raise the revenues for our city. They did so. They did so. They did so. But this year we're going to handle our business here, because I can safely tell you that there are many people who have opinions about revenue enhancements, which are a nice cute way of saying taxes, but at the end of the day, I travel through where those services are vital, vital. So we're not going to do anything in haste. As the Majority Leader would say, act in haste and repent in your leisure. So she's not here. I'll say it and put it on the record for her. So I would respectfully ask my colleague to withdraw.

Thank you. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I too am going to ask my colleague to withdraw the motion. The sponsor of the bill, the Majority Leader, is not here. I agree with so many things that so many of these Councilmembers have said today. And I think we're acting in haste. We have been in meetings over and over again really, really, really discussing this whole topic, and for this suddenly be asked to withdraw it today makes me very uncomfortable. And I just want to call on my colleague to withdraw his motion. Thank you.

Thank you. The Chair recognizes Councilwoman Brown.

Yes, Madam President. Once again to the substance of the issue on the sugary tax, information continues to flow. The issue is not dead in terms of content, and I want to simply bring to the attention of my colleagues a most recent poll, which suggests that given Philadelphia's voters' high level of concern around childhood obesity, it should not be surprising that a majority, based on this particular poll -- and, of course, we always have to consider the source -favors a sugar-sweetened beverage tax to support programs that fight obesity. presented as a stand-alone approach to address the City's budget shortfall, the sugar-sweetened beverage tax is more popular than any other revenue-raising solutions. So the issue is not dead. There's still a segment of our populus that does believe this is an alternative that should be considered, and, yes, it should remain on the table, Madam President. Thank you very much.

Thank you. The Chair recognizes Councilman Green.

Thank you, Madam Chair. I just would like to say, if I understood Councilman Goode correctly, that I agree with him. We all know what the final vote is going to be on this tax, I believe. Why should we have the public and other people come testify a tax that has no legs? Let's talk about the real solutions to our problems and what revenue measures and what cuts we're going to make, and stop the lobbying effort, the public relations campaign and other things related to things that we basically know we're not going to do. Thank you, Madam Chair.

You're welcome. The Chair recognizes Councilman Jones.

I don't know what caucus that came from, but my vote has not been registered on anything.

Thank you.

And until we have a full set of information, it is irresponsible to take things off the table without considering their intended and unintended consequence. So my vote is not already in one column or the other, and will only be one column or the other when we have a full discussion from all perspectives on what those impacts will be. Thank you, Madam President.

Thank you. Councilman Greenlee.

Thank you, Madam President. We talked a lot about this, but I just want to add one other thing to what Councilman Green said. I mean, it's not unusual to have bills on the Calendar that we know are not going to have the votes. Last year Councilwoman Tasco as majority leader similarly put in a bill to raise real estate taxes. It was quite clear after a period of time that there were not the votes for that. I didn't see -- I don't think anybody saw a need at that point to pull that bill. I think we've done that in previous years. I just don't see the necessity now, again, together with the fact that the main is not here why we have to move that, again, even though we could have debates on the merits of the bill. And, again, I'll go on record, I have serious concerns about that bill, but I just don't think this is the proper way to do it. Thank you, Madam President.

Thank you. Councilman O'Neill, there are two other members that would like to be recognized.

If they haven't spoken yet, they should get their chance, otherwise I'd ask to speak.

All right. The Chair recognizes Councilman O'Neill.

Madam President, I have the highest respect for all the members, my colleagues, who have spoken, along with those that haven't, and there's a lot more interest in this in the mix and keeping this on the table obviously from the remarks that were made. I was led to believe from some private conversations that that was not the case. Maybe that will change by next week, but I certainly am willing to withdraw this today at their request, although I don't think that doing it would have been irresponsible, but I respect Councilman Jones' right to say that. I do have another motion. The Bill No. 100 -- could I be recognized to make another motion, Madam President? I'm sorry.

Yes.

Bill No. 100131, the trash fee bill, was referred to the Committee of the Whole. I move that the Committee of the Whole be discharged from further consideration of Bill No. 100131.

Is there a second? Anybody want to be recognized? I see Councilman Goode and Councilwoman Brown have their lights on. Did you want to be recognized at this time?

Yes.

The Chair recognizes Councilman Goode.

Thank you, Madam President. I wanted to be recognized on the first motion. I had a conversation with the Majority Leader by phone. She does not wish for that motion to move forward, and so I have to withdraw my support for the motion, although I think Councilman O'Neill did the right thing. It is decision time. It's time for people to stop the confusion and make up their minds, do what they're going to do. If people want to wait, they can wait, but at the end of the day, I think people know what we're going to do anyway. Let's actually stop the confusion, stop sending mixed messages to the public and just do what we have to do. Thank you.

Thank you. Councilwoman Brown.

Yes, Madam President. I'd like to underscore the remarks shared by the Majority Whip, that for now all measures need to stay on the table and remain on the table until we collectively do what Councilman Goode has suggested, make a decision collectively. Thank you, Madam President.

Thank you. Does anyone else want to be recognized? (No response.)

Seeing no one, Councilman O'Neill, would you make your -

Madam 4/29/10 - STATED - 1ST READING President, in light of what Councilman Goode just informed us and me personally about Councilwoman Tasco's position, out of respect for her, it would serve no purpose. I withdraw this motion. And, again, we have another week next week to talk about it. I do think this bill is deader than dead, but out of respect for the Councilwoman and Majority Leader, I will withdraw it.

Thank you very much.

Thank you.

Thank you. The next order of business is the consideration of the Calendar. I note that the bills just reported from committees with a suspension of the rules have been deemed to have had a first reading. The bills will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chief Clerk will please 4/29/10 - STATED - 1ST READING read any other bills on the First Reading Calendar.

Bill No. 100215, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 312 by striking from the City Plan Hegerman Street from Aubrey Avenue to a point approximately one-hundred eighty-seven feet southwestwardly therefrom and reserving and placing on the City Plan a right-of-way for gas main purposes within the northwesterly half of the portion of Hegerman Street being stricken."

Thank you. This bill will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilman Clarke for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.

Thank you, Madam President. Madam President, Bill 4/29/10 - STATED - 2ND READING Nos. 100133-A, 080758, 100195, 090905, 090908, 090924, 100100, 100157, 100220 and No. 100185 are being called up for Second Reading and Final Passage Calendar today.

Thank you.

All other bills are being held.

Thank you very much. The Chief Clerk will please read the title of Bill No. 100133-A.

An ordinance to amend the Institutional Development Master Plan of Temple University, by allowing for the construction of additions to Pearson and McGonigle Halls which are located at 1800 North Broad Street.

This bill having been read on two different days, the question now is shall the bill pass finally. 4/29/10 - STATED - 2ND READING The Chief Clerk will please call the roll.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney. 4/29/10 - STATED - 2ND READING

Aye.

Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye.

Council President Verna.

Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill 4/29/10 - STATED - 2ND READING passes. We will now consider Bill No. 080758.

An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by creating a new Chapter relating to energy conservation.

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.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 4/29/10 - STATED - 2ND READING

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman 4/29/10 - STATED - 2ND READING Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye.

Council President Verna.

Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090905.

An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 322 by relocating the southeasterly curbline of State Road, from Pennypack Street to Linden Avenue.

This bill having been read on two different 4/29/10 - STATED - 2ND READING days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye. 4/29/10 - STATED - 2ND READING

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye.

Council President Verna.

Aye. The ayes are 16; the nays are 4/29/10 - STATED - 2ND READING zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 090908.

An ordinance amending Section 2 of an ordinance (Bill No. 070392), entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating Lewellen Street from Delaware Avenue to Canal 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 Blackwell.

Aye.

Councilman Clarke. 4/29/10 - STATED - 2ND READING

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye. 4/29/10 - STATED - 2ND READING

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye.

Council President Verna.

Aye. The ayes are 16; the nays are zero. A majority of all Councilmembers having voted in the affirmative, the bill passes. We will now consider Bill No. 090924.

An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 55 by striking from the City Plan and 4/29/10 - STATED - 2ND READING vacating the legally open portions of Adams Avenue from Aramingo Avenue to the northwesterly right-of-way line of the Delaware Expressway.

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.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman 4/29/10 - STATED - 2ND READING Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman 4/29/10 - STATED - 2ND READING Sanchez.

Aye.

Council President Verna.

Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 100100.

An ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding as a permissible location the sidewalk of the east side of Broad Street between Porter and Ritner Streets.

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. 4/29/10 - STATED - 2ND READING