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Minutes

Stated Meeting, December 17, 2009

Philadelphia City CouncilDec 17, 2009

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Council President Verna

It has been moved and properly seconded. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and, again, the Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move that Bill No. 090522 be withdrawn.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and Bill No. 090522 has been withdrawn. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with suspension of the rules 12/17/09 - STATED - 2ND READING have been deemed to have had a first reading and will be placed on our Second Reading and Final Passage Calendar for our next session of Council. There are no additional bills on the First Reading Calendar today. The Chair now recognizes Councilwoman Tasco for a motion concerning the bills on the Second Reading and Final Passage Calendar. Councilwoman Tasco.

Councilwoman Tasco

I'm sorry. Madam President, I move that the rules of Council be suspended to permit the use of a Consent Agenda to consider the following bills on the Second Reading and Final Passage Calendar. (Duly seconded.)

Councilwoman Tasco

We're not ready yet. I thought you were David Cohen over there.

Council President Verna

Is that Dave Cohen I heard? (Laughter.) 12/17/09 - STATED - 2ND READING

Councilwoman Tasco

Bill Nos. 090714-A, 090691-AA, 090851-A, 090777, 090782, 090842, 090686, 090849, 090707, 090750, 090786, 090835, 090836, 090713, 090741, 090742, 090743, 090745, 090747, 090748, 090749, 090771, 090772, 090775, 090779, 090781, 090809, 090810, 090811, 090812, 090827, 090832, 090848, 090875, 090876, 090877 and 090841 are being called up for today's Consent Agenda.

Council President Verna

I could hear a second now. (Duly seconded.)

Council President Verna

It has been moved and seconded that the rules of Council be suspended to permit the use of a Consent Agenda. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The 12/17/09 - STATED - 2ND READING ayes have it and the motion carries. We will consider the Consent Agenda shortly. The Chair again recognizes Councilwoman Tasco for the purpose of calling up the bills on our regular Second Reading and Final Passage Calendar.

Councilwoman Tasco

Thank you, Madam President. In addition to the bills being considered on the Consent Agenda, Bill Nos. 090706, 090773, 090774 and 090735 are being considered for Second Reading and Final Passage. All other bills are being held. Thank you very much.

Council President Verna

Thank you.

Councilwoman Tasco

Madam President, Bill No. 090586 is being withdrawn.

Council President Verna

Thank you. We will now consider today's 12/17/09 - STATED - 2ND READING Consent Agenda. After each title is read -- please listen -- any member may object to the inclusion of the bill on the Consent Agenda. Upon such an objection and without debate, the bill will be immediately removed from the Consent Agenda and placed on our regular Final Passage Calendar. At this time, the Clerk will now read the title of the bills on the Consent Agenda.

Chief Clerk

Bill No. 090714-A, entitled "An ordinance amending Chapter 12-2400 of The Philadelphia Code, entitled 'Towing and Immobilizing of Parked or Abandoned Vehicles,' by reducing the amount towing companies can charge owners of recovered stolen or illegally used vehicles"; and Bill No. 090691-AA, entitled "An ordinance amending Section 9-605 of The Philadelphia Code, entitled 'Towing,' and Section 12-2405, entitled 'Removal or Immobilization of Parked Vehicles; 12/17/09 - STATED - 2ND READING Notice,' to prohibit the towing of vehicles identified as reported stolen unless an attempt has been made by the Police Department to give the vehicle owner an opportunity to recover the vehicle"; and Bill No. 090851-A, entitled "An ordinance authorizing the Commissioner of Public Property to execute and deliver a deed conveying fee simple title to certain parcels of land, located at 745 through 47 North 19th Street; 801 through 35 North 19th Street; 1825 through 45 Wylie Street; and 1851 Wylie Street"; and Bill No. 090777, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' to eliminate and revise various licensing and enforcement requirements"; and Bill No. 090782, entitled "An ordinance amending Section 11-603 of The Philadelphia Code, entitled 'Projections Over the Street,' to revise the 12/17/09 - STATED - 2ND READING permitting requirements for the erection or maintenance of canopies and marquees"; and Bill No. 090842, entitled "An ordinance amending Subcode 'A' of Title 4 of The Philadelphia Code, to revise various fee provisions and provide an exception to certain permitting requirements"; and Bill No. 090686, entitled "An ordinance amending Chapter 19-500 of The Philadelphia Code, entitled 'Taxes and Rents - General,' by providing for a temporary tax amnesty program under which delinquent taxpayers may satisfy their past due tax obligations with forgiveness of all or a portion of accrued interest and penalties"; and Bill No. 090849, entitled "An ordinance amending Section 10-1001 of The Philadelphia Code relating to fees charged by the Commissioner of Records by modifying the amount of such fees"; and Bill No. 090707, entitled "An 12/17/09 - STATED - 2ND READING ordinance authorizing the Water Commissioner to enter into an agreement for a license from the Pennsylvania Department of Environmental Protection to occupy certain submerged lands of the Commonwealth in the Schuylkill River"; and Bill No. 090750, entitled "An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying fee simple title to certain parcels of land located at 5201 Frankford Avenue"; and Bill No. 090786, entitled "An ordinance authorizing the Commissioner of Public Property to accept from the School District of Philadelphia conveyance of title to a portion of the land bounded by Susquehanna Avenue, North 15th Street, Diamond Street and North 16th Street"; and Bill No. 090835, entitled "An ordinance authorizing the Commissioner of 12/17/09 - STATED - 2ND READING Public Property to execute and deliver to the Redevelopment Authority a deed conveying fee simple title to certain parcels of land located at 928 South 17th Street, 1009 South 17th Street, 1011 South 17th Street and 1035 South 17th Street"; and Bill No. 090836, entitled "An ordinance authorizing the Commissioner of Public Property to execute and deliver a deed conveying fee simple title to certain parcels of land located at 917 South 18th Street; 1023 South 18th Street; 1030 South Bouvier Street; 1633 Carpenter Street; 1635 Carpenter Street; 1542 Christian Street; 1833 Christian Street; and 1834 Christian Street"; and Bill No. 090713, entitled "An ordinance granting permission to Bharat Patel, owner of the newsstand at the southwest corner of Broad and Arch Street, to construct, use and maintain an electrical conduit"; and Bill No.

Chief Clerk

090741, entitled "An 12/17/09 - STATED - 2ND READING ordinance authorizing the revision of lines and grades on a portion of City Plan No. 296 in the area laying northwest of Shawmont Avenue and southwest of Eva Street"; and Bill No. 090742, entitled "An ordinance authorizing the installation of all-way stop signs at the intersection of Eva Street and Summit Avenue"; and Bill No. 090743, entitled "An ordinance establishing a no parking regulation on the 5000 block of Nevada Street"; and Bill No. 090745, entitled "An ordinance authorizing the installation of all-way stop signs at the intersection of Lare Street and Summit Avenue"; and Bill No. 090747, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers' Markets,' by adding as a permissible location the west side of North 12th Street from Cuthbert Street to Arch Street"; and 12/17/09 - STATED - 2ND READING Bill No. 090748, entitled "An ordinance amending Section 9-204 of The Philadelphia Code relating to sidewalk vendors in Center City by eliminating previously designated vendor locations on the east side of 5th Street, from Market Street to Ludlow Street and from Ranstead Street to Chestnut Street"; and Bill No. 090749, entitled "An ordinance amending Section 11-301 of The Philadelphia Code, entitled 'Street Improvements,' to revise the method by which the Board of Surveyors may approve supplemental plans relocating the curblines"; and Bill No. 090771, entitled "An ordinance authorizing the University City Science Center to construct, own and maintain benches, trash receptacles and bike racks on the north and south footway of Market Street, from 34th Street to 41st Street"; and Bill No. 090772, entitled "An ordinance authorizing Nicole and Daniel 12/17/09 - STATED - 2ND READING Dizio, owners of Wit or Witout Cheesesteaks, to construct, own and maintain one table, four chairs and one trash receptacle on the sidewalk located at 7352 Frankford Avenue"; and Bill No. 090775, entitled "An ordinance authorizing the Philadelphia Housing Authority to construct, own and maintain a handicap ramp and stairs at 2201 through 07 West Venango Street"; and Bill No. 090779, entitled "An ordinance establishing a no truck parking regulation on Lancaster Avenue, between North 61st Street and North 62nd Street"; and Bill No. 090781, entitled "An ordinance authorizing New Kensington Community Development Corporation to construct, own and maintain bus shelters, decorative signs and benches and trash receptacles on the east and west footway of Frankford Avenue, from East Columbia Avenue to York Street"; and Bill No. 090809, entitled "An 12/17/09 - STATED - 2ND READING ordinance authorizing Brandywine Cira Post Office to construct, own and maintain various encroachments at 2970 Market Street"; and Bill No. 090810, entitled "An ordinance authorizing the People's Emergency Center to construct, own and maintain one bench and one parking sign on the north and south footway of Lancaster Avenue, between 40th Street and 41st Street"; and Bill No. 090811, entitled "An ordinance authorizing the Korean Community Development Services Center to construct, own and maintain three benches near the northeast corner of West Tabor Road and North Fifth Street"; and Bill No. 090812, entitled "An ordinance amending Section 9-203 of The Philadelphia Code, entitled 'Street Vendors,' by permitting street vending on designated streets"; and Bill No. 090827, entitled "An ordinance amending Section 9-605 of The 12/17/09 - STATED - 2ND READING Philadelphia Code, entitled 'Towing,' to provide a private right of action for persons aggrieved by certain violations of that Section"; and Bill No. 090832, entitled "An ordinance authorizing John Byrne, owner of Pasiano's, 7100 Tulip Street, to legalize the construction, operation and maintenance of an existing enclosed set of stairs"; and Bill No.

Chief Clerk

090848, entitled "An ordinance authorizing the installation of all-way stop signs at the intersection of Lawndale Street and Bleigh Avenue"; and Bill No. 090875, entitled "An ordinance amending Section 9-206 of The Philadelphia Code, entitled 'Sidewalk Vendors in Neighborhood Business Districts,' by expanding the Oregon Avenue Business Corridor District to include both sides of Front Street from Oregon Avenue to Pattison Avenue"; and Bill No. 090876, entitled "An ordinance authorizing the revision of 12/17/09 - STATED - 2ND READING lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Cherry Street from Broad Street to Carlisle Street"; and Bill No. 090877, entitled "An ordinance amending Section 9-203 of The Philadelphia Code, entitled 'Street Vendors,' and Section 9-205, entitled 'Sidewalk Sales,' by prohibiting street and sidewalk vending within the area bounded by Broad Street, Oxford Street, 13th Street and Jefferson Street"; and Bill No. 090841, entitled "An ordinance amending Title 4 of The Philadelphia Code by adopting the '2009 Pennsylvania Uniformed Construction Code' through adoption of the 2009 edition of certain International Codes.

Council President Verna

Thank you. These bills having been read on two different days, the question for each bill now is shall the bills pass finally. The Clerk shall call the roll, 12/17/09 - STATED - 2ND READING and upon being called, each Councilmember shall vote aye on each of the bills, nay on whichever bill they would like to or indicate those bills for which the member is voting aye and those bills for which the member is voting nay. So I would suggest if you're voting for all of the Consent Agenda bills, you would say aye on all bills. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye on all bills.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye on all bills.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye on all bills.

Chief Clerk

Councilman Goode. 12/17/09 - STATED - 2ND READING

Councilman Goode

Aye on all bills.

Chief Clerk

Councilman Green.

Councilman Green

Aye on all bills.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye on all bills.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye on all bills.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye on all bills.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye on all bills.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye on all bills.

Chief Clerk

Councilwoman 12/17/09 - STATED - 2ND READING Miller.

Councilwoman Miller

Aye on all bills.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye on all bills.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye on all bills.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye on all bills.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye on all bills.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye on all bills.

Chief Clerk

Council President Verna. 12/17/09 - STATED - 2ND READING

Council President Verna

Aye on all bills. A majority of the members having voted in the affirmative for each of the bills, the bills on the Consent Agenda are passed. We will now consider bills on the regular Second Reading and Final Passage Calendar. I would ask the Chief Clerk to please read the title of Bill No. 090586.

Chief Clerk

An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by repealing Section 10-726, entitled "Commercial Establishment Waste Management."

Council President Verna

The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I enter in a motion to withdraw this bill. (Duly seconded.)

Council President Verna

It 12/17/09 - STATED - 2ND READING has been moved and seconded. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. The Chief Clerk will please read the title of Bill No. 090706.

Chief Clerk

An ordinance amending Title 2 of The Philadelphia Code, entitled "City-County Consolidation," by abolishing the Board of Revision of Taxes, by creating an Office of Property Assessment which shall have the powers, functions and duties of the Board of Revision of Taxes with respect to the initial making of property assessments.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. 12/17/09 - STATED - 2ND READING The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

No.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney. 12/17/09 - STATED - 2ND READING

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. 12/17/09 - STATED - 2ND READING The ayes are 15; the nays are two. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090773.

Chief Clerk

An ordinance amending Chapter 19-600 of The Philadelphia Code, entitled "Amusement Tax," to revise the fee for an amusement license.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman 12/17/09 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill. 12/17/09 - STATED - 2ND READING

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17; 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. 090774.

Chief Clerk

An ordinance amending Title 6 of The Philadelphia Code, entitled "Health Code," to 12/17/09 - STATED - 2ND READING eliminate licensing requirements and revise fees with respect to certain food establishments.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee. 12/17/09 - STATED - 2ND READING

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez. 12/17/09 - STATED - 2ND READING

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17; 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. 090735.

Chief Clerk

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 49th Street.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 12/17/09 - STATED - 2ND READING call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. 12/17/09 - STATED - 2ND READING

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.