COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 13, 2010 10:35 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO
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. To give our invocation this morning, the Chair recognizes Pastor Benjamin Fisher. He is here today as the guest of Councilman Green. I would ask all members and guests to please rise. (Members and guests rise.)
Let us pray. God, our eternal Father and Lord, we stand before your presence today in this Chamber to thank you and honor you for your mercy and your grace. We thank you from our heart, because you've been good to all of us. We also because of your provision and your great love toward us all. Today, God, I ask you to bless this city and this Council. Lord, let every bill and law introduced and presented by this dedicated body of leaders improve this city, lift every neighborhood and advance the platform of unity and success. For honoring our petitions, we thank you now and ask you for your guidance, your goodness and your grace. In the name of Jesus the Christ. Amen. (Amen.)
The Chair thanks Pastor Fisher 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, May 6th, 2010. The Chair recognizes Councilwoman Tasco.
Thank you, Madam Chair. I move that the Journal of the meeting of Thursday, May 6th, 2010 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 6th, 2010 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal is approved. The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. 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 session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. The Chair now recognizes Rizzo, who will present a resolution recognizing the Philadelphia Police Department. Will Ms. Veronica Joyner and those accompanying her please join the the Councilman at the podium. Would the police officers also join the Councilman at the podium. I see that Councilman DiCicco is joining Councilman Rizzo for this presentation and Councilwoman Miller. The Chair recognizes Councilman Rizzo.
Thank you, Madam President. Madam President, before we get started, I'd like to acknowledge joining us today to watch the resolution presentation we have students, parents and staff accompanying Ms. Joyner from the Mathematics, Civic and Science Charter School in Philadelphia. They're in the balcony and throughout the Chamber. Recognizing, honoring and the Philadelphia Police Department and declaring Thursday, May the 27th, 2010 "Philadelphia Police Officers Appreciation Day." Whereas, the students of the Mathematics, Civics and Science Charter School have begun a tradition of recognizing, honoring and celebrating the officers of the Philadelphia Police Department on the last Thursday of May for their bravery in serving and protecting the people of Philadelphia; and COUNCILMAN DiCICCO: Whereas, the City's first patrol began in 1663 by Hans Block in the Swedish Settlement, and in 1751, the General Assembly established the first paid police patrol composed of wardens and constables; and Whereas, Philadelphia's modern police history began in 1850, and the Department grew as the City expanded in 1854 through city-county consolidation to 129 square miles and included the establishment of the Harbor Patrol in 1860 with the development of port facilities to handle growing national and international commerce; and Whereas, the first black police officer was appointed in 1881, while the first women were hired in 1886 as matrons; and
Whereas, in 1889, a Mounted Police Unit was established with the purchase of 93 horses. In 1906, the Department purchased its first motorcycles, and in 1936, radios began to be used in police operations; and Whereas, today criminal investigation is very sophisticated, with the Philadelphia Police providing innovative leadership in the science of fighting crime in an urban environment; and Whereas, the students of Mathematics, Civics and Science Charter luncheon including fried chicken and sweet potatoes, poetry readings, songs and the presentation of citations to honor our police officers who put themselves at risk to protect the lives and property of our residents, business people, employees and visitors.
Now, therefore, be it resolved, by the Council of the City of Philadelphia, that it recognizes, honors and celebrates the officers of the Philadelphia Police Department and declares Thursday, May the 27th "Philadelphia Police Officers Appreciation Day." Further resolved, that an engrossed copy of this resolution be presented to the Philadelphia Police Department, further evidencing the sincere admiration and gratitude of this legislative body. Thank you. (Applause.)
Thank you. Good morning, President Ann Verna and all City Council members present. I would like to thank Mr. Frank Rizzo, Councilman, and Mr. Graham for all of their help in seeing that this reality come to fruition. Our school started honoring police officers because we felt that there were too many of our officers that were dying and I wanted our children to be sensitized to the fact that police officers are our heroes. So our children raised money, we provided lunch to over 100 police officers, and our students published a book called "Police Officers Are Heroes," and we've given them out today. We would like to spread the word in Philadelphia that police officers are doing an outstanding job and to share some of your love and thank-you's with them. So we are very appreciative of the City Council to honor our Philadelphia police officers, and police officers everywhere and in Philadelphia know that you are appreciated. (Applause.)
And now I'd like to introduce Deputy Commissioner Ross. He'll have a few words to say and introduce some of his top commanders. DEPUTY COMMISSIONER ROSS: Thank you, Councilman. First of all, let me just say we are tremendously honored. I mean, this is a wonderful tribute. We can't thank you enough on behalf of Commissioner Ramsey. I mean, it's always a wonderful thing to be recognized by folks around the City, in this case particularly young people. It's just a beautiful thing. I'm actually joined here today by several deputies: Deputy Bethel, Deputy Johnson, Deputy Council and Deputy an opportunity prior to the resolution being read to talk to some of these young people, and I got to tell you, it was such a wonderful experience. I mean, all of the young people I spoke to were very engaging. Everybody looked me right in my eye. I mean, and they were very confident. We even joked with one of the young ladies that she was going to have to give a speech, and she more or less said, Bring it on. So it's just a great thing to see that kind of confidence instilled in our young people. So, Ms. Joyner, we applaud you and we applaud the young people here. Let's give them a round of applause. (Applause.) DEPUTY COMMISSIONER ROSS: Thank you again. Thank you very much for this.
And if the youngsters in the balcony would stand, we'd like to recognize you also. (Applause.)
Council will be at ease. I'm sorry. I am told that we have a youngster who is going to recite a poem. Please approach the podium.
Oh, they're all going to do it. Fine. It's nice being informed. (Students recite poem.) (Standing ovation.)
Beautiful. Council will be at ease. (Council at ease.)
The Chair now recognizes Councilwoman Sanchez, who will present a resolution recognizing Frankford High School on the occasion of its 100th Anniversary. Will Mr. Terry Tobin and those accompanying him please join the I see that Councilwoman Sanchez is being joined by Councilman Green.
Thank you, Madam Chair, and as our distinguished guests reach the podium, join us at the podium, let me take a moment to thank the folks that joined us this morning, as we celebrate the 100th anniversary of Frankford High School. I've had great opportunity to visit Frankford High School many times at the invitation of some of the young ladies to talk about women of color in leadership, to participate with the athletic association, which I support every year, and clearly we've seen the culinary program get recent national attention for its program and its makeover from Rachel Ray. But what makes Frankford so unique and so important is its Alumni Association. So it is with great honor that I present this resolution recognizing and on the occasion of its 100th anniversary.
I grew up at 1204 Wakeling Street, which is about three-quarters of a block from Frankford High School, and I used to watch the bands walk up and down the street to the stadium, and those are very fond memories. Whereas, Frankford High School is a century-old educational institution in Philadelphia which has motivated its students, faculty and community through a commitment to cooperation, academic success, peer responsibility and service; and Whereas, the mission statement of Frankford High School is to provide each student with the opportunity to acquire the knowledge and skills needed to become productive citizens, and the vision Frankford High School will be realized by offering a comprehensive curriculum in a caring and safe environment, working in partnership with families and the community; and Whereas, Frankford High School offers focused learning through three individual Academies in Business, Health, and Law and Government, which offer smaller and more individual learning experiences; and Whereas, Frankford High School first opened its doors in September of 1910, and has since graduated over 56,000 of Philadelphia's students, including many students who pursued higher education before returning to Frankford High School as teachers at their alma mater; and
Whereas, Frankford High School has continuously been the home of the champion athletic teams in football, soccer, baseball, basketball and field hockey, as well as home to the outstanding scholars. Since 1963, 94 students have received Pioneer Achievement Awards for distinguishing academia, peer leadership and community service; Whereas, Frankford High School is home to many unique treasures such as an award-winning Culinary Arts program, which was featured in the 2009 documentary "Pressure Cooker," as well as home to the only functioning pipe organ program in the Philadelphia public school system; and Whereas, Frankford High School will celebrate its centennial anniversary by holding a celebration on May 15th, 2010. Therefore, be it resolved by the Council of the City of Philadelphia, we recognize, honor and congratulate Frankford High School on the milestone occasion of its 100th anniversary. For a full century, Frankford High School has educated Philadelphia's students and provided them with a resource for success. We look forward to another 100 years of educational excellence and resolved, that an engrossed copy will be given to Frankford High School as a token of our appreciation. I want to make note that one of my staff people, Jason Dawkins, is a proud graduate of Frankford High School. I wanted to recognize the folks that are here this morning: Reginald Fisher, who has been one of the new principals and guiding lights at Frankford High School. I want to thank him for joining us. Terry Tobin, who is part of the Alumni Association, and finally for remarks, Dr. Tom Mills, who is President of the Frankford Alumni Association. Thank you. (Applause.)
On behalf of the Frankford High alumni, all 56,000 of them, or those surviving, we'd like to thank you very much for Council taking the time to honor our high school. We're having an open house on Saturday, and we've invited all of the graduates of Frankford High School to come back to walk through their old classrooms and to enjoy again the home of their youth. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
The Chair recognizes Councilman Greenlee, who will present a resolution honoring Ms. Sand on her retirement from the Atwater Kent Museum. Will Ms. Sand and those accompanying her please join the Councilman at the podium. I see that Councilman DiCicco is joining Councilman Greenlee and also Kenney, and Councilwoman Brown I understand is also joining them. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I'm proud to be the Council Representative on the Board of Trustees of the Philadelphia History Museum at Atwater Kent, and over the years I've seen the dynamic leadership of Viki Sand and just the great improvements that have happened in the Museum. So I'm proud to read this resolution honoring and recognizing Viki Sand. Whereas, for eight years, Viki Sand has served as Executive Director and CEO of the Philadelphia History Museum at the Atwater Kent Museum. She brought to Atwater Kent Museum a proud record of experience and wisdom. Prior to joining Atwater Kent Museum, she was Executive Director of the Spellman Museum of Stamps and Postal History in Weston, Massachusetts, and the Shaker Museum and Library in Old Chatham; and
Whereas, during Viki Sand's tenure, the Philadelphia History Museum at the Atwater Kent Museum operations, partnerships and collaborations with City government, cultural partners and the broader community have flourished. With the Museum's extraordinary collection as the foundation, Viki Sand has overseen the development of 19 exhibitions and 56 public programs providing historical perspective for contemporary issues, including Experience Philadelphia, featuring the world's largest map of the City; Baseball in Philadelphia 1876 to 2004; the Chinese Restaurant in America; The Real Thing and Why It Matters; How Philly Works: Streets as Barometers of Urban Life; and So, What's the Story About Violence in Philadelphia?; and COUNCILMAN DiCICCO: Whereas, the Philadelphia History Museum is $5.8 million renovation to the Museum building, added significantly to the 100,000 item Philadelphia History Collection, raised $750,000 to develop and outfit an off-site Collection Research Center to accommodate the entire collection, generated significant federal and private funds to support curriculum-based education programs for school students in all grades, produced an 18-minute DVD, Philadelphia Experience 2009, presenting 300 years of Philadelphia history, and participated in programmatic collaborations with the Free Library of Philadelphia, the National History Day Philly, and Quest for Freedom programs now included in the National Parks Service Network to Freedom; and
Whereas, in bold, capital letters, underscored with exclamation points, Viki Sand has worked tirelessly to enhance the facilities. She is among the leaders of historical scholarship to the lives of today's museum visitors. Viki will be missed by the untold thousands of citizens whose lives she has enhanced through her ongoing, unwavering, devoted commitment to making the Philadelphia History Museum at the Atwater Kent Museum better for all of us. Now, therefore
Resolved, by the Council of the City of Philadelphia, that we hereby join the Board of Trustees and the staff of the Philadelphia History Museum at the Atwater Kent in honoring and commending Viki Sand for her commitment, personal and professional interest in the Museum's well-being. We wish her a retirement -I'm not sure she's retiring. We wish her a retirement filled with happiness, good health and the joys of family and friends. Resolved, that an engrossed be presented to Ms. Viki Sand as evidence of the highest esteem and deep admiration and gratitude of this legislative body. This is a true and correct copy of the original resolution, adopted by the Council. It's signed by President Anna C. Verna. It's introduced by myself and Councilmembers Kenney, DiCicco, Reynolds Brown and Blackwell and is co-sponsored by all members of City Council. Viki, thank you for your service to the City. (Applause.)
Eight years ago, the task was simply to create a city history museum as great as the City is, and I think all of the members of City Council and the Administration and the Trustees and staff really share in this. Thank you very much for this (Applause.)
Thank you. 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 May 12, 2010, I signed all of the bills that were passed by Council at its session on April 29, 2010; and I am transmitting herewith for the introduction and consideration of your honorable body an ordinance providing for the submission to the qualified electors of the City of set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter to further provide for non-discrimination clauses in City contracts; and A resolution proposing an amendment to the Philadelphia Home Rule Charter to further provide for non-discrimination clauses in City contracts; and An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter to modify the City's procurement process; and A resolution proposing an amendment to the Philadelphia Home Rule Charter to modernize the City's procurement process; and An ordinance authorizing the Commissioner of Public Property to the Philadelphia Authority for Industrial development a deed conveying fee simple title to a certain tract of City-owned land situate at 1244 North 4th Street; and An ordinance authorizing the Commissioner of Public Property to convey 1202 North 24th Street, 1607 Brown Street, 1236 Crease Street, 1238 Crease Street, 1643 Francis Street, 1423 North Front Street, 1545 North Front Street and 2014 Parrish Street, for fair market value; and An ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 944 South 5th Street, 2544 South 5th Street, 1439 South Beulah Street and 1326 Webster Street, for fair market value; and An ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 1902 Christian Street, 2038 Pemberton Street and 2255 Montrose Street, for fair market value; and An ordinance approving a Lease Amendment between the Philadelphia Gas Works and Girard Square A NY for certain premises located at 1137 Chestnut Street, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two bills and one resolution.
The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 17-100 of The Philadelphia Code, entitled "Procurement Contracts," by providing for the City's reimbursement of a vendor's cost to retrofit vehicles to comply with City bid specifications mandating reduced diesel emissions.
The bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter to modernize the City's procurement process.
This bill will also be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter to modernize the City's procurement process.
The resolution will be referred to the appropriate committee. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I offer one bill and one resolution.
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 the proposal set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter to further provide for non-discrimination clauses in City contracts.
The bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter to further provide for non-discrimination clauses in City contracts.
This resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one bill on your behalf -- two -- one bill and one resolution on your behalf and one Administration bill for PGW.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance approving a Lease Amendment between the Philadelphia Gas Works by Philadelphia Facilities Management Corporation, solely in its capacity as operator and manager of the City-owned Philadelphia Gas Works, and Girard Square A NY for certain premises located at 1137 Chestnut Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 1902 Christian Street, 2038 Pemberton Street and 2255 Montrose Street, for fair market value.
This bill will also be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the building and improvements thereon, situate in the Thirty-Sixth Ward of the City of Philadelphia.
The Chair recognizes Councilwoman Tasco for a motion on the resolution.
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.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Sanchez.
Thank you. The Chair recognizes Councilman Jones. (No response.)
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer two resolutions this morning.
The Chief Clerk will please read the title of the resolution.
A resolution recognizing and congratulating The Salvation Army's Million Meals for Haiti Program at the Drexel Armory.
Thank you, Madam President. 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.)
And a resolution recognizing and congratulating Zarwin, Baum, DeVito, Kaplan, Schaer and Toddy, P.C. on their 50th anniversary.
Thank you, Madam President. 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.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill.
An ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 944 South 5th Street, 2544 South 5th Street, 1439 South Beulah Street, 148 Brown Street, 1121 Catharine Street, 624 Cantrell Street, 505 Dickinson Street, 507 Dickinson Street, 1103 North Galloway Street, 2424 East Indiana Avenue, 629 Porter Street, 414 Tasker Street, 3075 Tilton Street, 2206 Trenton Avenue and 1326 Webster Street, for fair market value.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property and the Director of Commerce, acting on behalf of the City of Philadelphia, to sell to Biagio DeSimone fee simple title to a certain parcel of real estate with any improvements situated thereon, known as 11295 Roosevelt Boulevard.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The Chair recognizes Councilman Green.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will read the title of the first ordinance.
An ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 1202 North 24th Street, 1607 Brown Street, 1236 Crease Street, 1238 Crease Street, 1643 Francis Street, 1423 North Front Street, 1545 North Front Street, 860 North Leithgow Street, 862 North Leithgow Street, 864 North Leithgow Street, 866 North Leithgow Street, 821 Leland Street, 1411 Marlborough Street, 1928 Parrish Street and 2014 Parrish Street, for fair market value.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by amending Chapter 17-1600, entitled "Economic Opportunity Plans," by expanding the definition of "Covered Project or Contract," to include certain projects and contracts that require resolutions of Council to proceed.
This bill will also be referred to the appropriate committee. The next order of business is reports from committees, and the Chair recognizes Councilwoman Tasco for a report from the Committee of the Whole.
Madam President, the Committee of the Whole reports six bills 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 of the Whole, to which was referred Bill No. 100122, entitled "An ordinance amending Chapter 20-1000 of The Philadelphia Code, entitled 'Political Contributions and Expenditures,' by authorizing the creation of inauguration and transition committees"; and Bill No. 100124, entitled "An ordinance amending Chapter 20-1000 of The Philadelphia Code, entitled 'Political Contributions and Expenditures,' by permitting a candidate for elective office to establish a litigation fund to receive contributions and make expenditures for the defense of certain proceedings relating to the candidate's campaign"; and 100125, entitled "An ordinance amending Title 20 of The Philadelphia Code, entitled 'Officers and Employees,' by revising the penalties for violation of various ethics and ethics-related provisions"; and Bill No. 100126, entitled "An ordinance amending Chapter 20-1000 of The Philadelphia Code, entitled 'Political Contributions and Expenditures,' by providing that expenditures incurred in the printing or distribution of sample ballots shall not be considered a contribution for purposes of the contribution limits of that Chapter"; and Bill No. 100127, entitled "An ordinance amending Title 20 of The Philadelphia Code, entitled 'Officers and Employees,' by adding a new Chapter requiring the registration of lobbyists and their principals"; and Bill No. 100128, entitled "An ordinance amending Chapter 20-600 of The Philadelphia Code, entitled 'Standards of Ethics,' by establishing standards of conduct regarding the political activities of City officers and employees, and providing penalties for violations, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. (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. indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilman Kenney for a report from the Committee on Rules.
Thank you, Madam President. The Committee on Rules reports three bills out with favorable recommendations.
Thank you. The Chief Clerk will please read the report.
The Committee on Rules, to which was referred Bill No. 100092, entitled "An ordinance amending 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Section 14-1631, entitled 'Off-Street Parking Control District,' by expanding the boundaries to be included in one such district and making certain technical changes"; and Bill No. 100156, entitled "An ordinance amending Section 14-304 of The Philadelphia Code, entitled 'C-3 Commercial District,' amending Section 14-1402 of The Philadelphia Code, entitled 'Parking in Residential Districts,' and amending Section 14-1405 of The Philadelphia Code, entitled 'Off-Street Loading'"; and Bill No. 100253, entitled "An ordinance amending Title 14 of The Philadelphia Code, relating to 'Zoning and Planning,' by amending Chapter 14-1600, entitled 'Miscellaneous,' by amending Section 14-1611, entitled 'Benjamin Franklin Parkway Controls,' by exempting certain building features from of the height of a building within a specified area subject to the Benjamin Franklin Parkway Controls, under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I move the rules of Council be suspended so as to permit first reading this day of Bills 100092, 100156 and 100253. (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 say aye. 5/13/10 - STATED - 1ST READING (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. 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. At this time, I would ask the Chief Clerk to please read any other bills on the First Reading Calendar.
Bill No. 100226, entitled "An ordinance amending Section 2 of an ordinance (Bill No. 040511) approved June 21, 2004, entitled 'An ordinance authorizing the revision of 5/13/10 - STATED - 2ND READING lines and grades on a portion of City Plan No. 55 in the area bounded by Aramingo Avenue, Frankford Creek and Adams Avenue,' by extending the period for compliance with the terms and conditions stated therein."
Thank you. At this time, the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
I'm sorry. Councilwoman, I believe you have to consider Bill No. 100092. You have a motion concerning that bill.
Yes. I move that the rules of Council be suspended as to permit the amendment to be offered on Bill No. 100092. (Duly seconded.) 5/13/10 - STATED - 2ND READING
All those in favor will signify by saying aye. (Aye.)
The ayes have it, and, again, the Chair recognizes Councilwoman Tasco.
Madam President, I'd like to offer an amendment to Bill No. 100092. A copy of this amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)
All those in favor of the motion will indicate by saying aye. (Aye.)
Those opposed? (No response.) 5/13/10 - STATED - 2ND READING
The ayes have it, and Bill No. 100092 has been amended and will be placed on our Final Passage Calendar for next week. Again, the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Resolution 090610, Bill 090580-A, Bill 100195, 100196, 100197, 100218, 100219, 100221, 100248 and 100250 are being called up for Second Reading and Final Passage Calendar today. Bill No. 100163 is being amended. All other bills are being held.
Thank you. At this time, I would ask the Chief Clerk to please read the title of Resolution No. 090610.
A resolution proposing an amendment to the 5/13/10 - STATED - 2ND READING Philadelphia Home Rule Charter confirming Council's power to enact ordinances that require the City, City contractors and recipients of City financial assistance to provide their employees a minimum level of pay and benefits.
Because Resolution No. 090610 is a proposed amendment to the Home Rule Charter, it requires a two-thirds vote. The Chief Clerk will please call the roll.
Aye. Councilman Jones, did you cast a vote on this bill?
The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the resolution has been passed. The Chief Clerk will please read the title of Bill No. 090580-A.
An ordinance providing for the submission to the qualified electors of the City of 5/13/10 - STATED - 2ND READING Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment of the Philadelphia Home Rule Charter confirming Council's power to enact ordinance that require the City, City contractors and recipients of City financial assistance to provide their employees a minimum level of pay and benefits.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 5/13/10 - STATED - 2ND READING
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. 100195.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Logan Street, 20th 5/13/10 - STATED - 2ND READING Street, Rockland Street, 18th Street, Windrim Avenue, Germantown Avenue, Roberts Avenue, Wayne Avenue, Windrim Avenue, Roosevelt Boulevard, Roberts Avenue, Pulaski Avenue, Apsley Street, Stenton Avenue, Abbotsford Avenue and Germantown 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.
Councilman Clarke, how are you voting on this bill?
Councilman 5/13/10 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
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 100196.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of 5/13/10 - STATED - 2ND READING certain areas of land located within an area bounded by Germantown Avenue, Chelten Avenue, Kenyon Street, Schoolhouse Lane, Wissahickon Avenue and Rittenhouse 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.
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. 100197.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Fox Street, Wyneva Street, Wayne Avenue, Logan Street, Pulaski Avenue, and Manheim Street.
This bill having been read on two different 5/13/10 - STATED - 2ND READING 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, this bill passes. The Chief Clerk will please read the title of Bill No. 100218.
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.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. 5/13/10 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of all members having 5/13/10 - STATED - 2ND READING voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 100219.
An ordinance establishing a one-way regulation on East Duval Street from Lowber Street to Mansfield Avenue, westbound.
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. We will now consider Bill No. 100219.
I was distracted. Sorry. We will now consider Bill No. 100221.
An ordinance 5/13/10 - STATED - 2ND READING amending Section 2 of an ordinance (Bill No. 051234), entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 266 by striking from the City Plan and vacating Jefferson Street and Heston Street, each from 52nd Street to Paxon 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.
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 100248.
An ordinance establishing a no parking anytime regulation on McMenamy Street, between Cottage Street and Jackson Street, both sides.
This 5/13/10 - STATED - 2ND READING 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. I would ask the Chief Clerk to please read the title of Bill No. 100163. Did I miss one? Sorry. 100250.
An ordinance authorizing the HACE Community Development Corporation, 167 West Allegheny Avenue, to construct, own and maintain eight trash receptacles and twelve artificial metal palm trees on the east and west footway of 5th Street, from Lehigh Avenue to Indiana Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 5/13/10 - STATED - 2ND READING call the roll.
Aye. The ayes are 17; the nays are 5/13/10 - STATED - 2ND READING 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. 100163.
An ordinance authorizing the City of Philadelphia to organize on authority to be known as The Philadelphia Energy Authority, pursuant to the terms of the "Municipalities Authorities Act," of 2001.
This bill having been read on two different days, the question now is shall the bill pass finally. Councilman Clarke, do you have an amendment on this bill?
Yes, Madam President. Madam President, this amendment has been circulated to members. It essentially just deletes PECO Energy from the bill that had been introduced. I would like to make a motion for the adoption of this amendment to 5/13/10 - STATED - 2ND READING Bill No. 100163. (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. At this time, Council will stand in recess. We will resume after we adjourn from the Committee of the Whole to our scheduled public hearing on the tax bills, which will be scheduled for about an hour from now. It is my understanding that -- I was just told that Councilmembers are making that request. I know that we thought that we'd go straight through, but I am now 5/13/10 - STATED hearing that Councilmembers would like at least an hour.
Thank you. Madam President, I don't want to sit through hours of meetings on what we're going to do with the budget without sharing with Council what I was going to say in the Committee of the Whole. Through really no fault of anyone and in a rush to replace a revenue measure that Councilman DiCicco withdrew, there was a measure put forward that has no sponsor. In other words, Council rules were not followed with respect to introduction of the nine percent property tax increase. As Councilman Goode said on his -- as he introduced the bill, he is not the sponsor. He did not sign the blue-backer -
Madam President, I said I was introducing it on behalf of Council leadership.
And every week we get bills that are sent up to us by the Administration.
Yes, Madam President, and Council rules permit the introduction for specific other individuals as long as those individuals' names are on the blue-backer. This bill had no names on the blue-backer. Some might call it the immaculate ordinance and sort of floating out here without a sponsor that was required by our rules. 5/13/10 - STATED And so I will be raising a point of order in the Committee of the Whole, because there is no bill that has been properly advertised for a property tax increase before Council today.
I'm sorry. Did you say that bill was not advertised?
Council rules permit advertising of a bill after the person who sponsors the bill requests for a hearing in writing, and it's my understanding there was no such request in writing, and unfortunately, we cannot waive or suspend rules after the action or omission has been taken. It must be done in advance. I have caselaw on this. If we were to pass this bill in its current form today, we could not rely on the $89 million in revenue, and that would put us in a very precarious situation for next year's budget. So I just -- I didn't want to go through hours of meetings without 5/13/10 - STATED having shared my intentions for the Committee of the Whole with everyone.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I'm not clear on procedural issues and since my name was mentioned by my colleague Councilman Green as having withdrawn the 12.1 percent real estate bill, I would be more than willing to be the signator to the tax bill amending -(Applause.) COUNCILMAN DiCICCO: -amending the 9.9 back to the 12.10 so that we can get on with the other affairs of business, and in doing so, I think we could put to rest the soda tax and the other bills that we've been talking about. (Applause.)
I think the only course for Council at this point, according to my reading of the law and precedent, is to introduce a new bill properly in the Council session and then advertise it and then have hearings on that bill, having properly followed our procedures once the advertising period is over. COUNCILMAN DiCICCO: Somebody draft a new bill. I'll do it right now.
If Councilman Green can have a seat and a conversation, I would appreciate it.
If 5/13/10 - STATED Councilman Green can have a seat and a conversation, I would appreciate it.
Rather than go by whatever Councilman Green decided, having conferred in terms of his own legal counsel, in terms of whatever his research, let's go by what's actually in the record. There will be a transcript of the Stated Meeting two weeks ago. It says what it says. It says I introduced the bill on behalf of Council leadership. That matter was actually dealt with within that Stated Meeting. The republican leadership said it was not on their behalf. The democratic leadership spoke and said what happened. Everyone knows what happened leading up to the introduction of that bill and leading up to the advertisement of the bill, having a hearing today. There's no mystery there. It's a matter of public record. It's a matter of a transcript. So if Councilman Green can say 5/13/10 - STATED what he thinks is confusing about the transcript, that would be appropriate.
Thank you, Madam Chair. I will keep my seat, Councilman. It is not the transcript that is at issue, Madam President. To introduce a bill in City Council, there must be either a signature on the blue-backer or the name of the person for whom it was introduced on the blue-backer. I looked at that bill before it was introduced. That did not exist, and we cannot suspend rules after the fact. We must do it before we act.
Before I recognize Councilman Goode, I had said that we were going to stand in recess until such time as the Committee of the Whole will meet regarding all of that we will be considering. Therefore, at this time, at the request of many of the Councilmembers, we will recess until 1 o'clock. Thank you. (Stated Meeting recessed from 11:45 a.m. until 5:50 p.m.)
We will now reconvene our Council session from this morning. The Chair recognizes Councilwoman Tasco for an additional report from the Committee of the Whole.
Madam President, the Committee of the Whole reports out six bills with a favorable recommendation.
Councilwoman, it's eight bills and a resolution. We are not considering the resolution.
Thank you. The Chief Clerk will please read the report.
The Committee of the Whole, to which was referred Bill 100115, entitled "An ordinance to adopt a Capital Program for the six Fiscal Years 2011 through 2016 inclusive"; and Bill No. 100116, entitled "An ordinance to adopt a Fiscal 2011 Capital Budget"; and Bill No. 100117, entitled "An ordinance adopting the Operating Budget for Fiscal Year 2011"; and Bill No. 100119, entitled "An ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled 'School Tax Authorization,' by amending Section 19-1806, entitled 'Authorization of Realty Use and Occupancy Tax' -
-- to further authorize the Board of Education of the School District of Philadelphia to impose a tax on the use or occupancy of real estate"; and Bill No. 100120, entitled "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"; and Bill No. 100131, entitled "An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled 'Refuse and Littering,' by providing for a sanitation services fee"; and Bill No. 100254, entitled "An ordinance amending Title 19 of The Philadelphia Code, entitled 'Finance, Taxes and Collections,' by adding a new Chapter, entitled 'Tobacco and Tobacco-Related Products Tax'"; and 100284, entitled "An ordinance amending Section 19-1301 of The Philadelphia Code, entitled 'Real Estate Taxes,' by revising the real estate tax rate, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. (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. say aye. (Aye.)
The ayes have it and the motion has been passed. The bills just reported from committee with a suspension of the rules have been deemed to have had a first reading. These bills will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilman Clarke. I'm sure there are no speeches on the part of the majority. (No response.)
Okay. How about on the part of the minority? (No response.)
Since there are no speeches, the Chair recognizes Councilman Clarke for a motion
Thank you, Madam President. I move that Council stand adjourned until May the 20th, 10:00 a.m., 2010. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, May 20th, 2010 at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and Council stands adjourned until May 20th. Thank you very much. (Stated Meeting adjourned at 5:55 p.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 13, 2010, 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.)