COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 24, 2007 10:35 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN CAROL ANN CAMPBELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILMAN DANIEL SAVAGE COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats and visitors will retire to the seats outside the rails. The noise level is much too high. Anybody having personal conversations, do so in the corridor, please. To give our invocation this morning, the Chair welcomes Evangelist Mother Mary Jenkins of Mantua. She is here today as the guest of Councilwoman Blackwell. I would ask all members and guests to please rise. (Everyone rises.) MOTHER MARY JENKINS: Good morning. (Good morning.) MOTHER MARY JENKINS: Let us pray. God, we thank you for this time. We thank you because we don't have to ask your presence; you're already here. We ask you, Lord, to bless this Council and bless representation where it's needed, Lord, the strength. And we ask you, oh, Lord, to use us, use this Council. Bless each member one by one as they step into your venue of God. We ask you to use them to do what you will have them to do. And bless all leaderships. I pray and ask these blessings in the name of our God and our father, Jesus. Amen. (Amen.)
The Chair thanks Mother Jenkins for her 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, May 10, 2007, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 10, 2007 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 10, 2007 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal of the meeting of Thursday, May 10, 2007 is approved. The next order of business is requests for leave of absence and, again, Blackwell.
Thank you, Madam President. On behalf of the majority, there are no requests for leaves of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no leaves of absence requested.
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 At this time, the Chair recognizes Councilman Savage.
Thank you, Madam President. At this time, I'd like to recognize my great Senator and the Senator of the Second District of Philadelphia, Senator Tartaglione. (Applause.)
Welcome. The Chair now recognizes Councilwoman Tasco, who will present a resolution recognizing and acknowledging Michael Coard, Esquire. Will Mr. Coard and those accompanying him please join the Councilwoman at the podium. Councilwoman Tasco is being joined by Councilwoman Brown. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. have a belief, a strong belief, and you stand up for what you believe in, the public sort of looks at you with an askewed eye and sometimes may think you're crazy, but this gentleman understood and believed in what his cause was about, and today we stand here to thank him for continuing to have that belief and fight for what he believed in. So I am pleased to present this resolution recognizing and acknowledging Michael Coard, Esquire for his tireless work as a founding member, primary researcher and official spokesperson of Avenging the Ancestors Coalition, ATAC, that played a prominent and essential role in the recently successful demand for the creation of a historic commemoration to the African descendents enslaved by President George Washington at America's first White House, which was located at the site of the new Liberty Bell Center at 6th and Market Streets in Philadelphia, Pennsylvania; and
Whereas, Michael Coard, a native of Philadelphia, graduated in 1985 from Ohio State University School of Law and was admitted to the practice of law in the Commonwealth of Pennsylvania in 1986; and Whereas, Michael Coard has brought to his various positions in the public and private sectors a proud legal and grassroots background; and Whereas, Avenging the Ancestors Coalition is a broad-based organization of African-American historians, activists, attorneys, elected officials, religious leaders, media personalities and other tax-paying voters who are descendents of the victims of the greatest holocaust in the history of humankind; and Whereas, President George Washington owned 316 Africans and African descendents at his Mt. Vernon, Virginia plantation and transported to the of them, whose names are Austin, Christopher Sheels, Giles, Hercules, Joe Richardson, Moll, Oney Judge, Paris and Richmond; and
Whereas, their enslavement existed at the very time when and at the very location where the Founding Fathers were proclaiming that all men are created equal; and Whereas, there were no plans by the Interior Department, the National Park Service or Independence National Historical Park to acknowledge the sacrifice, struggle and great economic contributions of those enslaved African descendents until Avenging the Ancestors Coalition initiated relentless community activism; and Whereas, that community activism consisted of nearly five years of indisputable meticulous research, voluminous letter-writing campaigns, massive vocal demonstrations, numerous strategically organized meetings, and blitzes, as well as substantial persuasive documentation to the United States Department of Interior, the National Park Service and Independence National Historical Park, for the appropriate commemoration of those enslaved African descendents, including the highlighting of slave quarters at the aforementioned Philadelphia site; and Whereas, the efforts of ATAC, led by Michael Coard, Esquire, have helped to secure funding from the Mayor of the City of Philadelphia and the County of Philadelphia in the amount of $1.5 million and $3.6 million from the United States Congress for the President's House project, of which the slavery commemoration is a major and historic component; and Whereas, the Council of the City and County of Philadelphia adopted Resolution No. 020521 in September 2002 to support equitable economic from the construction of this project; and
Whereas, on the 21st day of March 2007, the Mayor of the City and County of Philadelphia and the Superintendent of Independence National Historic Park commenced an archeological dig as the first step in the project construction.
Be it resolved, by the Council of the City and County of Philadelphia, on this 12th day of April 2007, that we hereby recognize and acknowledge Michael Coard, Esquire for his outstanding service as a founding member, primary researcher and the official spokesperson of the Avenging the Ancestors Coalition, which fought relentlessly and successfully for the slavery commemoration that will have absolutely historic significance for the United States of America, for the Commonwealth of Pennsylvania and and County of Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to Mr. Michael Coard 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 12th day of April 2007. Signed by President Verna, introduced by Councilwomen Reed, Tasco and Brown -Donna Reed Miller, Tasco and Brown, and supported by all members of City Council. We certainly appreciate your leadership. (Applause.)
Thank you, Madam Chairperson, and I'll make this quick. I want to thank Councilperson Marian Tasco and her aide, Sheilah Louis, Brown and all the other Councilpersons who were actively involved in making this day happen. I just want to say that for 246 years, from 1619 to 1865, black folks lost their land, their name, their religion, their culture and even their status as human beings. ATAC was founded about five years ago when we found out, one, that the Park Service was going to move the Liberty Bell site from near 5th and Market to 6th and Market. We said that's interesting, but it really has no relevance to us. The second thing we found out is that that new site at 6th and Market was called the President's House, serving as America's first White House. Again, the African-American community said interesting, but not really relevant to us. But the third thing we found five years ago was that that site, House, was where George Washington held black folks in brutal bondage as slaves. We don't deny that George Washington was a great General. We don't deny that he was a great President, but can you have the complete story without knowing the truth, the whole truth and nothing but the truth? So ATAC came into existence to make sure that that truth would be told, and thanks to Councilperson Tasco and Councilperson Blondell Reynolds Brown, that truth is being told. Thank you very much. (Applause.) (Council at ease.)
At this time, the Chair recognizes Councilwoman Blackwell, who will present a resolution honoring Michael G. Lutz for his 25 years of service to the Philadelphia Police Department. Will Captain Lutz and those the Councilwoman at the podium. And I understand that Councilman O'Neill is joining Councilwoman Blackwell for the presentation.
Resolution honoring and congratulating Michael G. Lutz for his 25 years of service to the Philadelphia Police Department and for the Fraternal Order of Police Lodge No. 5 being renamed in his honor. Whereas, Michael G. Lutz began his career as a street cop in the Stakeout Unit where he was one of the first officers to pose as a decoy officer; and Whereas, in the Stakeout Unit, he developed his expertise in the tactical aspects of combatting street crime; and Whereas, because of his bravery, heroism and dedication to duty, he was promoted to Detective, Sergeant rank of Captain after 25 years of faithful service to the Philadelphia Police Department; and Whereas, in 1990, Mike Lutz served as Assistant Regional Director of the Attorney General's Bureau of Narcotics in the Philadelphia office where his team of narcotic agents made their mark by making more than 4,000 arrests and confiscating more than 9,000 pounds of drugs with a street value of nearly $70 million; and Whereas, during his service as Assistant Regional Director, he volunteered his time assisting hundreds of Town Watch and anti-drug groups, along with a host of other organizations, schools, churches and law enforcement agencies in an effort to save children in neighborhoods from the scourge of drugs that plague our city; and Whereas, Mr. Lutz was granted leave of absence from the Attorney 1993 to serve as Interim President of the Fraternal Order of Police, Philadelphia Lodge No. 5 in order to help restore integrity, credibility and stability during one of the darkest periods for the Lodge; and
Whereas, Michael Lutz has spent 33 years in law enforcement, including 25 years with the Philadelphia Police Department, and has served three terms as President of the Pennsylvania State Lodge, Fraternal Order of Police; and Whereas, throughout his long career, Mike has demonstrated admirable courage, honesty and dignity in the face of adversity; and Whereas, the Philadelphia City Council takes great pleasure in recognizing Michael Lutz for his service to the City of Philadelphia and its citizens and for having the Fraternal Order of Police Lodge No. 5 bestow their highest honor by naming their lodge the No. 5 Philadelphia Fraternal Order of Police. Now therefore resolved, that the Council of the City of Philadelphia, honors and congratulates Michael G. Lutz for his 25 years of service to the Philadelphia Police Department and for the Fraternal Order of Police Lodge No. 5 being renamed in his honor. Further resolved, that an engrossed copy of this resolution be presented to him as the sincere appreciation of Council's gratitude and thanks for his years of service. It's signed by the President of City Council, Anna C. Verna, and co-sponsored by every member of Council. (Applause.)
Before the President recognizes Mr. Lutz, I would like to thank former Presidents, all who are here. Many of you may not know that every year not only does the FOP and members here and other members their services to help serve homeless, at our Christmas party this past year we did 3,500 people, women and children and other homeless people. They have done that from the beginning of our providing this service, but they also sponsor a carnival for homeless people. They don't want any press. They come out. They give us a carnival day every single year in the City of Philadelphia for children in shelter and for homeless people. This they volunteer to do. They're absolutely wonderful. We say thank you and we love you. (Applause.)
The Chair recognizes Captain Lutz for remarks. CAPTAIN LUTZ: Well, I wanted to take this opportunity, my deepest gratitude is extended to President Ann Verna, to Councilwoman Blackwell and to the Councilmen for their trust and confidence in signing this resolution on my behalf. I greatly appreciate it. Just to let you know that this is -- to be recognized by the chief legislative body of the City of Philadelphia is certainly icing on the cake, especially after last Sunday where I had the greatest honor and tribute of all inasmuch as the Philadelphia Lodge No. 5 was renamed after me. To have my name be associated with all the Philadelphia police officers, both active and retired, to have my name associated with all those police officers killed in the line of duty, to have my name associated with all the families of the police officers who gave the ultimate sacrifice is certainly the greatest tribute and recognition anybody can give, and I can guarantee and assure everybody I will continue to serve with the honor, pride, dignity and integrity that it Philadelphia police officer. I just want to also say to the Councilpeople here, working together is winning together, and we've all worked and won together ourselves, but I couldn't leave here without extending my deepest gratitude also for your signing of the pension adjustment bill, I think it was, a couple months ago, in March or April of this year. It means so much to the police officers and firefighters of the City of Philadelphia, who are very, very limited income. Many of them don't have Social Security because they didn't pay it, and they're destitute, to be quite honest with you. So that was a very, very significant bill. And I hear it every day where police officers and their families have to make a choice whether they're going to get prescription or food. So hopefully the next year, the payout in the next year will be extremely helpful to them, and we have nothing -- nobody to thank but the Philadelphia City Councilmen. It went through this chamber unanimously, and on behalf of the FOP, Bobby Eddis and all the people up here, President Bobby Eddis that came here today on my behalf, and the entire FOP, we extend our deepest gratitude. And, of course, I want to thank my wife and my sister, who has always been -- my wife Annette and my sister Kathleen, who has always been behind me 100 percent. They should be getting an honor, too, especially putting up with me. Thank you very much, take care and God bless. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to 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 today, May 24, 2007, I signed all of the remaining bills that were passed by Council at its session on May 3, 2007; and I am pleased to advise you that on May 23rd, I signed all of the bills that were passed by Council at its session on May 10, 2007; and I am transmitting herewith for the consideration of your honorable body an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000 to assist in the development of the Metropolitan Area Neighborhood Nutrition Alliance; and An ordinance authorizing the Development to file an application with the Office of the Budget in an amount not to exceed $500,000 to assist in the development of Pleasant Playground; and An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $1 million to assist in the development of the Northern Home for Children; and An ordinance constituting the Eighth Supplemental Ordinance to the Amended and Restated General Airport Revenue Bond Ordinance; and An ordinance authorizing the Archdiocese of Philadelphia, Office for Community Development, to construct, own and maintain raised planter clusters atop the sidewalks at the 2400, 2500 and 2600 blocks of Kensington Avenue; and An ordinance approving the budget for Fiscal Year 2008 for the certain bonds issued by the Philadelphia Authority for Industrial Development; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 384; and An ordinance authorizing the paving of Dahlia Drive, Sunflower Drive, Arbours Way, Marigold Lane, Veronica Lane, Honeysuckle Court, Foxglove Lane, Iris Lane, Bluebell Court, Mimosa Drive and Wildflower Way; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No.
345 by striking from the City Plan and vacating the legally open portions of Frogmoor Street from Wingohocking Street to Cayuga Street; and An ordinance authorizing the paving of "O" Street from Wingohocking Street to Cayuga Street; and An ordinance authorizing the Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development a deed located on the southwest side of East Tioga Street; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into an amendment to an existing sublease between the Philadelphia Municipal Authority and the City of Philadelphia; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to terminate and extinguish an easement to a three-foot-wide alleyway abutting the rear of several City-owned properties located at 2633-2655 West Sedgley Avenue; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to in certain tracts of land located at 1043-47 North Front Street; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia for the Philadelphia Authority for Industrial Development, a parcel of land located in an area generally bounded by Penrose Ferry Road to the north, Hog Island Road to the east and I-95 to the southwest; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development a deed located in the general vicinity of the intersection of Penrose Ferry Road and Fort Mifflin Road; and An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of land located within an area bounded by Pennsylvania Avenue, 20th Street, the Benjamin Franklin Parkway, under certain terms and conditions; and An ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park and the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a Master Ground Lease with the Philadelphia Authority for Industrial Development; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development a deed located in an area bounded by North Front Street, Wildey Street, Leopard Street and Richmond Street; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to amend its sublease with the Philadelphia Authority for Industrial Development as of Philadelphia as tenant for the office space 1101 Market Street; and An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed known as 234 Diamond Street; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a Sublease Agreement between the City of Philadelphia and the Philadelphia Authority for Industrial Development of a certain building known as the Tower Building; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a Sublease Agreement with the Philadelphia Municipal Authority for the City's use of space located on the 3rd Floor of the Curtis Center; and An ordinance authorizing the Development to file an application with the Office of the Budget in an amount not to exceed $1,250,000 to assist in the development of the Please Touch Museum.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit consideration of resolutions at the time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce seven bills, five on your behalf, two on my own, and one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance approving the budget for Fiscal Year 2008 for the expenditure of proceeds of certain bonds issued by the Philadelphia Authority for Industrial Development.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located of an area bounded by Arch Street to the north, Walnut Street to the south, 34th Street to the west.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding a permissible location on the sidewalk of the west side of the 300 block of South 25th Street.
The bill will be referred to the appropriate committee.
And an ordinance constituting the Eighth Supplemental Ordinance to the Amended and Restated General Airport Revenue Bond Ordinance.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000 to assist in the development of the MANNA Office.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease or convey to the Philadelphia Authority for Industrial Development, for nominal fee, all or part of a certain triangular parcel of land with the buildings and improvements thereon in an area generally bounded by Penrose Ferry Road.
This bill will also be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development a deed located -- with the improvements thereon located in the general area in the intersection of Penrose Ferry Road and Fort Mifflin Road.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 30th and 36th Wards of the City of Philadelphia.
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 signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer three bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Grant Avenue, Frankford Avenue, Pearson Street and I-95 Expressway.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 11 of The Philadelphia Code, entitled "Streets," by adding a new Chapter providing for the regulation of portable on-demand storage units, by requiring permits prior to the placement of such units upon any street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development deeds located in the area of East Tioga Street between North Delaware Avenue and I-95.
The bill will be referred to the appropriate committee.
And a resolution declaring May 20 to 26, 2007 as National Public Works Week.
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 signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have three bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000 to assist in the development of Pleasant Playground.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding a permissible location on the sidewalk in front of the Wyck House and Garden.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 10-800 of The Philadelphia Code, entitled "Safety," by adding a new Section to prohibit the possession or acquisition of firearms by persons charged with certain criminal offenses, during the pendency of such charges, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Savage.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Archdiocese of Philadelphia, Office for Community Development, 222 North 17th Street, to construct, own and maintain raised planter clusters atop the sidewalks of the 2400, 2500, 2600 blocks of Kensington Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 345.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of "O" Street from Wingohocking Street to Cayuga Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 234 Diamond Street and 2052 to 64 North Philip Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a Sublease Agreement by and between the City and the Philadelphia Authority for Industrial Development providing for the leasing by PAID to the City of certain buildings known as the Tower Building.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer eight bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to amend its sublease with the Philadelphia Authority for Industrial Development as landlord and the City of Philadelphia as tenant for the office space at 1101 Market Street.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Alia Banna and Jerry Roseman, owners of the property at 852 South 2nd Street, to operate and maintain an open-air sidewalk cafe on the west footway of South 2nd Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development deeds located in an area bounded by North Front Street, Wildey Street, Leopard Street and Richmond Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Thomas Jefferson University, 1020 Walnut Street, 6th Floor, and Thomas Jefferson University, 111 South 11th Street, to construct, own and maintain street signs, lighted bollards, bike racks and trash receptacles from Chestnut Street to Walnut Street.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Nella Genovese, owner of the property 614 South 7th Street, to operate and maintain an open-air sidewalk cafe on the south footway of Kater Street.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 9-604 of The Philadelphia Code, entitled "Refuse Collection," by requiring that dumpster lids remain closed at all times and prohibiting refuse collection during certain time periods.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to convey to the City's interest in certain tracts of land with the buildings and improvements thereon known as 1043-47 North Front Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a Sublease Agreement with the Philadelphia Municipal Authority for the City's use of space located on the 3rd Floor of the Curtis Center.
This bill will be referred to the appropriate committee. The Chair now recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution this morning.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Committee on Parks, Recreation and Cultural Affairs and the Committee on Commerce and Economic Development to hold joint hearings regarding Philadelphia's creative economy.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The resolution will be referred to the Committee on Parks, Recreation and Cultural Affairs and the Committee on Commerce and Economic Development. The Chair now recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer three bills -Madam President, I offer three bills today.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Delaware Avenue, Shackamaxon Street, Delaware River, Ellen Street, and making certain designations relating to gross floor area, height regulations and off-street parking.
The bill will be referred to the appropriate committee.
And an ordinance authorizing and directing -(People yelling in audience.)
And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 146 and 271 within an area bounded by Delaware Avenue, Shackamaxon Street, a right-of-way for sewer maintenance within the lines of former Shackamaxon Street.
The bill will be referred to the appropriate committee.
And an ordinance approving the Plan of Development for a Commercial Entertainment District in an area generally bounded by Delaware Avenue, Shackamaxon Street, the Delaware River and Ellen Street.
This bill will also be referred to the appropriate committee. (People yelling in audience.)
Thank you, Madam President. I have one bill and two resolutions, one resolution to be referred to the appropriate committee.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter creating the Office of Inspector General, as approved by Resolution of City Council.
The bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on Public Safety to conduct a sociological study to determine what factors and/or circumstances are leading to the ever-increasing rise of violence by young elementary school-age girls and their tendency to be members of gangs.
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.)
And a resolution proposing an amendment to the Philadelphia Home Rule Charter to create the Office of the Inspector General, and providing for the submission of the amendment to the electors of Philadelphia.
I move that it be referred to the appropriate committee.
I'm sorry. It's a Charter change. It will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Madam President, I offer two bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 384 bounded by Roosevelt Boulevard, Southampton Road, Carter Road and the Philadelphia-Bucks County line.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of Dahlia Drive, Sunflower Drive, Arbours Way, Marigold Lane, Veronica Lane, Honeysuckle Court, Foxglove Lane, Iris Lane, Bluebell Court, Mimosa Drive and Wildflower Way, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution calling upon the Water Department and the Philadelphia Gas Works to comply with Bill No. 040564, effective July 1, 2004, and Bill No. 040565, effective July 1, 2004, which requires certain information to be included in the water and gas bills, and authorizing Council to retain counsel to file lawsuits to compel compliance if the Water Department and PGW continue to ignore the provisions of those bills.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have seven bills and two resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Pennsylvania Avenue, 20th Street, the Benjamin Franklin Parkway and 21st Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park and the Commissioner of Public Property, on behalf of the City, to enter into a Master Ground Lease with the Philadelphia Authority for Industrial Development.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Manpants, owner of Johnny Brendas Tavern, tenant of the property at 1201-1203-05 Frankford Avenue and 109 East Girard Avenue, to operate and maintain an open-air sidewalk cafe.
This bill will be referred to the appropriate committee.
And an ordinance granting permission to Diane Guzman, owner of the property 812 Broad Street, to operate and maintain an open-air sidewalk cafe.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into an amendment to an existing sublease between the Philadelphia Municipal Authority and the City of Philadelphia for the City's use of certain office space located at Two Penn Center Plaza.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to terminate and extinguish an easement to a three-foot-wide alleyway abutting the rear of several City-owned properties.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Howard Foreman, owner of Caribbean Feast Restaurant and owner of the property 1338 to 44 Rising Sun Avenue, to operate and maintain an open-air sidewalk cafe on the northeast corner of Rising Sun Avenue.
The bill will be referred to the appropriate committee.
And a resolution honoring Turner Construction Company as it celebrates 100 years in Philadelphia.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 16th, 28th, 32nd, 37th and 47th Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 14 of The Philadelphia Code, relating to "Zoning and Planning," by amending Chapter 14-1400, entitled "Parking and Loading Facilities," by exempting mechanical access parking garages from certain requirements, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. The next order of business is reports from committees, and the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out six bills with a resolution with no recommendation.
Thank you. The Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee of the Whole, to which was referred Bill No. 070015, entitled "An ordinance amending Section 19-1301 of The Philadelphia Code, related to real estate taxes"; and Bill No. 070114, entitled "An ordinance to adopt a Capital Program for six Fiscal Years 2008 to 2013 inclusive"; and Bill No. 070115, entitled "An ordinance to adopt a Fiscal 2008 Capital Budget"; and Bill No. 070116, entitled "An ordinance adopting an Operating Budget for Fiscal Year 2008"; and Bill No. 070118, entitled "An 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"; and Bill No. 070119, entitled "An ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled 'School Tax Authorization,' by amending Section 19-1806, entitled 'Authorization of Realty and Occupancy Tax,'" respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation; and The Committee of the Whole, to which was referred Resolution No. 070128, entitled "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 2008 2012, and incorporating proposed changes with respect to Fiscal Year 2007, which is to be submitted by the Mayor to the Pennsylvania Intergovernmental Cooperation Authority," respectfully reports it has considered the same and returns the attached resolution to Council with no recommendation.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 070015, 070114, 115, 116, 118 and 119. (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 bills just reported from committee. indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Resolution No. 070128 will be placed on the Calendar for our next session of Council. The Chair now recognizes Councilman Clarke for a report from the Rules Committee.
Thank you, Madam President. Madam President, the Committee on Rules reports one bill with a favorable recommendation.
Thank you. The Clerk will please read the report.
To the President Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 070261, entitled "An ordinance approving the Third Amendment of the redevelopment proposal for the Tioga Urban Renewal Area," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Madam President, I move that the rules of Council be suspended this day as to permit first reading of Bill No. 070261. (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.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilman Savage for a report from the Committee on Licenses and Inspections.
Thank you, Madam President. The Committee of License and Inspections reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on License and Inspections, to which was referred Bill No. 070367, entitled "An ordinance 9-2900 of The Philadelphia Code, entitled 'Take-out Sale of Malt and Brewed Beverages,' by creating the Malt and Brewed Beverage Hearing Board, and revising the fee and procedures for the request for City approval of a permit to sell malt or brewed beverages for off-premises consumption," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Savage.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 070367. (Duly seconded.)
It has been moved and properly seconded that 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.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilwoman Brown for a report from the Committee on Parks, Recreation and Cultural Affairs.
Thank you, Madam President. The Committee on Parks, Recreation and Cultural Affairs reports one bill with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia, the Committee on Parks, Recreation and Cultural Affairs, to which was referred Bill No. 070229, entitled "An ordinance amending Chapter 9-200 of The Philadelphia Code, entitled 'Commercial Activities on Streets,' by adding a new Section providing for the certification of tour guides, establishing requirements for such certification and providing for penalties, all 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. Bill No. 070229 will be placed on the First Reading Calendar for our next session of Council. The next order of business is the consideration of the Calendar. The 5/24/07 - STATED - 1ST READING Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 070220, an ordinance authorizing the Director of Commerce to enter into a Use and Lease Agreement between the City of Philadelphia and each of the airlines servicing Philadelphia International Airport.
And Bill No. 070221, an ordinance constituting the Seventh Supplemental Ordinance to the Amended and Restated General Airport Revenue Bond Ordinance.
And Bill No. 070015, an ordinance amending Section 19-1301 of The Philadelphia Code, relating to real estate taxes imposed by the City, and Section 19-1801 of The Philadelphia Code, by shifting an 5/24/07 - STATED - 1ST READING additional portion of the real estate tax from the City to the School District of Philadelphia.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit an amendment to Bill No. 070015. A copy of the amendment has been circulated to all Councilmembers. (Duly seconded.)
It has been moved and seconded that the rules of Council be suspended in order to permit the amendment of Bill No. 070015. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. 5/24/07 - STATED - 1ST READING
And Bill No. 070114, an ordinance to adopt a Capital Program for six Fiscal Years 2008-2013 inclusive.
And Bill No. 070115, an ordinance to adopt a Fiscal 2008 Capital Budget.
And Bill No. 070116, an ordinance adopting the Operating Budget for Fiscal Year 2008.
And Bill No. 070118, 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. 5/24/07 - STATED - 1ST READING
And Bill No. 070119, an ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax."
And Bill No. 070261, an ordinance approving the Third Amendment of the redevelopment proposal for the Tioga Urban Renewal Area, being an area generally bounded by Hunting Park Avenue on the north, Broad Street and Germantown Avenue, Venango Street, 15th Street and Allegheny Avenue.
And Bill No. 070367, an ordinance amending Chapter 9-2900 of The Philadelphia Code, entitled 5/24/07 - STATED - 1ST READING "Take-out Sale of Malt and Brewed Beverages," by creating the Malt and Brewed Beverage Hearing Board and revising the fee and procedures for a request by the City approval.
The Chair agrees, and the Chair recognizes Councilman Goode.
Thank you, Madam President. An amendment to Bill No. 070015 has been circulated. To explain the amendment very briefly, the amendments to Section 1 and Section 2 are technical amendments. They simply round out the numbers in the tax rate and smooth it out for accounting purposes. The fiscal impact of it is only $5,000. The purpose of it is simply to smooth it out. The amendment to Section 3 I referred to in testimony yesterday on the School Reform Commission. It requires the School Reform Commission to tell us how they would spend the additional 5/24/07 - STATED - 1ST READING money, including the impact of such additional funding on the following areas: A, early childhood education; B, class size; C, after-school programs; D, dropout prevention; and, E, school safety. And I move for the adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the amendment is adopted. Bill No. 070015 will be placed on our Second Reading and Final Passage Calendar for our next session of Council. That completes our First Reading Calendar. 5/24/07 - STATED - 2ND READING The Chair recognizes Councilwoman Blackwell for the purpose of calling up the bills on Second Reading and Final Passage to be considered today.
Thank you, Madam President. Today our Calendar begins at the bottom of . We will consider Bill No. 060743. On at the top, we will consider Bill No. 060962. All other bills are being held.
Thank you. I would ask the Chief Clerk to please read the title of Bill No. 060743.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Master Street, Second Street, Thompson Street and American Street.
This bill having been read on two different days, the question now is shall the bill 5/24/07 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Council President 5/24/07 - STATED - 2ND READING Verna. Council
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 060962.
I'm sorry to be so soft spoken, but I just wanted real briefly, I just wanted to make reference to this bill prior to the passage, if I may.
Madam President, this particular bill is a bill that will hopefully bring to bear a significant development on the Divine 5/24/07 - STATED - 2ND READING Lorraine in the North Board Street corridor. As a part of the discussions with the local community group, we have been crafting a community benefits agreement, which has not completed but we are far enough along that I feel confident that we will in fact have a consensus on that agreement within the next week or two. But the development team has been good about holding off on the passage of the bill, but I think it's time now, given the construction season and the financing associated with this development, that it's appropriate to proceed, but I just wanted to make for the record that we are continuing to negotiate that agreement and hopefully in very short order we will have consensus language that we can all feel comfortable with. So I ask for the support of this particular bill.
Thank you. I would ask the Chief Clerk to 5/24/07 - STATED - 2ND READING please read the title of the bill.
Bill No. 060962, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by North Broad Street, Fairmount Avenue, North 13th Street, Wallace Street and Ridge Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. That completes our Calendar. Are there any speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? (No response.)
Seeing no one, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, May 31st at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, May 31st at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you all very much. (Stated Meeting adjourned at 11:45 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on May 24, 2007, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)