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Minutes

Stated Meeting, October 14, 2004

Philadelphia City CouncilOct 14, 2004

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COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 14, 2004 10:00 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO 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

Council President Verna

Good morning. 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. To give our invocation this morning, the Chair welcomes Reverend Anton Hackett, Sr., of Mount Olive Baptist Church. He is here today as the guest of Councilman Nutter. All guests and members will please rise.

Reverend Hackett

First and always giving honor to God and to our Lord and our Savior Jesus Christ. I deem it an esteemed honor and a privilege to be here amongst you this morning. Let us look to the Lord in prayer. The Lord is my shepherd. The Lord is my shepherd. I shall not want. Father God, we thank you this morning for allowing these, your people, to come together one more time. We ask your blessings now upon these who have come out to name, Father God, but most importantly to do your will. As we go forth through this day, Father God, we ask that you would have blessings upon these, the elected officials, Father God, and those in the sound of my voice as they go about their various tasks, Father God. Bless them and anoint them, Father God. Allow them to be used mightily by you in these perilous days and times. Now, Father God, you woke us up this morning. You blessed us to be able to have use of these limbs, to be able to wake up, to be able to do the things that we do, Father God, and we say thank you right now. We thank you, Father God, for giving us life, health, and strength. We know we didn't deserve it, but, Father God, we just say thank you anyway. Thank you, Lord, for being so good and so kind. Now, Father God, you know the task that's be set forth before these men and women of the Council, the man appointed Mayor of this City, the CEO of the School District of Philadelphia, we ask your blessing upon all those, Father God, in the name of Jesus. Lord, we pray that you continue to keep a hedge of protection around them. Gird them up on all sides. Continue to keep them on the path righteousness for your name sake. Father God, we thank you for these. Now, Father God, we know that as we go forth through this day, we know that it was you who kept us and will continue to keep us, Father God. Father God, we thank you for these things. Now, Father God, as we know that this day and this place is not our home, and one day, Father God, we know that we will have leave this world. We'll know that when we face you we want to be able to hear you say to us, Father God, "Well done. Well done, thy good and faithful servant. You've been faithful for a few things. Come on up a little higher and sit down and rest a little while." Father God, we thank you for these things. We thank you for all that you've done And forever, Father God, we'll be in your debt. These are all the blessings we ask in the name of your son, our Lord and our Savior Jesus Christ. Let us all say amen, amen, and amen. Thank you, Father.

Council President Verna

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

Council President Verna

The Chair would recognize that Mrs. Hackett is here. We welcome you and thank you for coming in. Thank you. The next order of business is the approval of the Journal of the meeting of Thursday, October 7, 2004. And the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 7, 2004, stand approved. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Journal the meeting of Thursday October 7, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries, and the Journal of the meeting of Thursday, October 7, 2004, is approved. The next order of business is request for leave of absence. Again, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.

Council President Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilman

Councilman O'Neill

Madam President, on behalf of the Republicans, there are no requests for leaves of absence.

Council President Verna

Thank you. 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 your Council 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. At this time, the Chair recognizes Councilwoman Tasco who will present a resolution honoring Michael H. Reed, Esquire. Will Mr. Reed and those accompanying him please join Councilwoman Tasco at the podium. I see that Councilwoman Tasco is being joined by Councilman Goode and Councilman Nutter. The Chair recognizes Councilwoman

Councilwoman Tasco

Thank you very much, Madam President. We would ask Councilman Mariano to join us if he is around. Good morning. It gives us great pleasure this morning to present this resolution honoring Michael H. Reed. Whereas, the Council of the City of Philadelphia is pleased and proud to honor Michael H. Reed on the occasion of his induction as the first African-American President of the Pennsylvania Bar Association and its 109-year history; and

Councilman Nutter

Whereas, Michael H. Reed graduated from Temple University in 1969, Yale Law School in 1972, and he was admitted to the practice of law in the Commonwealth of Pennsylvania in 1972. Mr. read was elected a partner at Pepper Hamilton in 1980 and has concentrated his law practice in the field of bankruptcy litigation. Mr. Reed lectures nationally and regionally on bankruptcy matters and has been an adjunct professor at Temple Law School and Rutgers School; and

Councilman Goode

Whereas, as a member of the Pennsylvania Bar Association, Mr. Reed served as Chair of the House of Delegates for three years. He served as the Governor for the Philadelphia region on the Board of Governors. He is a past member of the Pennsylvania Judicial Inquiry Review Board and a former Chairman of the Ethics Committee of the Pennsylvania Bar Association. He serves as member of the Executive Committee of the young lawyer section of the Philadelphia Bar Association and as first Vice President of the Association of Philadelphia. Mr. Reed also co-founded and serves as first Chair of the Pennsylvania Bar Association Minority Bar Committee, and in 1988 he helped organized the first Minority Attorney Conference; and

Councilwoman Tasco

Whereas, in addition to his professional accomplishments, Michael H. Reed actively participates in numerous civic groups. He currently serves on the Boards of the Academy of Natural Sciences and Committee of 70 and is the member of the the Public Interest Law Center; and Whereas, Temple University's College of Arts and Sciences honored Mr. Reed as Alumnus of the Year in 1995. He received the award of excellence in 2003 from the Thurgood Marshall Scholarship Fund. Now therefore resolved by the Council of the City of Philadelphia that we hereby congratulate Michael H. Reed on his induction as the first African-American to lead the Pennsylvania Bar Association. Further resolved that an engrossed copy of this resolution be presented to Mr. Reed as evidence of the sincere sentiments of this legislative body. This is certification that this resolution introduced into City Council, sponsored by the members standing here and cosponsored by all Members of City Council. We congratulate Michael Reed on a job well done. (Applause.)

Council President Verna

The Chair remarks.

Mr. Reed

Madam President, Councilpersons Tasco, Nutter and Goode, distinguished colleagues, guests, my first order of business is to give all credit to my lovely wife who is here with me today. (Applause.)

Mr. Reed

I'm a hometown boy from South Philly. (Applause.)

Mr. Reed

I had the privilege of getting a great public education at McDaniel Elementary School, Masterman Middle School, and Bartram Senior High School and then to get a great undergraduate education at the great Temple University. I'm honored to be here. It's a honor to be the head of the Bar Association of the entire Commonwealth of Pennsylvania, but to know that my true home and my true roots are here in Philadelphia. Once again, thank you very much. I wish Council God speed in its important work today. (Applause.)

Council President Verna

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

Council President Verna

The Chair now recognizes Councilman Kenney who will present a resolution honoring St. Francis de Sales Elementary School. Will Sister Constance and those accompanying her please join the Councilman at the podium. Councilman Kenney is being joined by Councilwoman Blackwell and Councilman Ramos.

Councilman Kenney

Thank you, Madam President. This is a resolution honoring St. Francis de Sales Elementary School in West Philadelphia for providing immigrant children with an education that not only prepares them for life but also provides them with the keys to succeed in their new-found home as citizens of the United States. Whereas, the St. Francis de Sales Elementary School and Parrish which was in 1890 has faithfully served this community of both Catholics and non-Catholics for well over a century.

Councilwoman Blackwell

And, whereas, for more than 20 years St. Francis de Sales has open its doors to children from numerous countries, including troubled Asian countries such as Vietnam, and more recently the war-torn African nations of Ethiopia and Liberia; and Whereas, St. Francis de Sales Elementary School excels academically and is an award-winning school which has won numerous prizes in local essay, art, speech, history, and math contests, and also has a nationally recognized anti-violence program that educates children in conflict resolution; and Whereas, Sister Constance Marie Touey, principal of St. Francis de Sales and the six other nuns who also work and teach at the school, are members of the Servants of the Immaculate Heart of Mary who have made it a part of their mission to help immigrants both the classroom; and

Councilman Ramos

Whereas St. Francis de Sales Elementary School is currently at its maximum enrollment of 528 students who represent almost 40 different countries and speak 20 different languages; and Whereas at a time when school funding is at a premium throughout the City, the St. Francis de Sales Elementary School has managed to educate the less fortunate through relentless fund-raising and through the establishment of scholarships; and Whereas, St. Francis de Sales has continued the American tradition of welcoming the less fortunate into this country and providing them with a better life through education; now therefore

Councilman Kenney

Resolved by the Council of the City of Philadelphia that we as a body honor the St. Francis de Sales Elementary School for educating immigrant children without prejudice and for making sure that they are ready to become contributing I'd like to say, personally, it its my firm belief that this country's main mission or one of its main missions is to be a safe harbor for people around the world who have come from war-torn countries and come from countries where people are being oppressed. This country exists for that purpose. And these beautiful children behind me are a great example of what this country's real mission is and what its real hope for the future is, because they will be American citizens contributing to this country for the rest of their lives. Thank you, Sister. (Applause.)

Council President Verna

The Chair recognizes Sister Constance for remarks. SISTER CONSTANCE: I would like to thank the Council for this award. We are very proud of our students, and we're happy to know that others can see the good things that happen. We would like to bring all 40 500 children, but I have 4 to represent our school, and I would just like to introduce them to you. Hose Gbaba is from Liberia. Daniel Amalak from Ethiopia. Feven Ogbaselase is from Eritrea. And Samuel Amare is from Eritrea. So we have three of our African countries being represented today. (Applause.) SISTER CONSTANCE: Again, in the name of all of the teachers and students at the school, we thank you. God bless you. (Applause.)

Council President Verna

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

Council President Verna

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

Chief Clerk

To the President Council of the City of Philadelphia, I am pleased to advise you that on October 13, 2004, I signed the following bill that was passed at Council at its Session on September 30, 2004: Bill NO. 040611. And I am transmitting for the consideration of your honorable body the following: An ordinance amending Section 2 of an ordinance, Bill No. 020252, approved May 29, 2002, entitled, an ordinance authorizing the revision of lines and grades on the portion of City Plan No. 13S by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street by extending the period for compliance with the authorization conditions therein.

Council President Verna

Thank you. The messages will be printed and the Journal. The Chief Clerk will read any other communications in her possession. THE

Chief Clerk

That's all I have, Madam President.

Council President Verna

Thank you. The next order of business is the introduction of bills and introduction resolutions. The Chair recognizes Councilwoman Blackwell for a motion.

Councilwoman Blackwell

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at the time of introduction. (Duly seconded.)

Council President Verna

It has been moved and seconded that all resolutions be considered at the time of introduction. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.

Councilman Kenney

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

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. This morning I introduce two resolutions.

Council President Verna

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

Chief Clerk

A resolution authorizing the Committee on Finance to conduct hearings and the possibility of non-profit community groups and block captains the ability to use stages, show mobiles and sound systems for community events at a nominal fee.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution will be referred to the Committee on Finance. THE

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 3rd Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilman Cohen

Madam President, I have no bills or resolutions.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Madam President, I offer one resolution.

Council President Verna

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

Chief Clerk

A resolution authorizing the Committee on Parks Recreation, and Cultural Affairs to hold hearings to investigate the status of the Recreation Department's proposal to close, transfer, and winterize recreation facilities across the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The resolution is adopted and will be referred to the Committee on Parks, Recreation and Cultural Affairs. The Chair recognizes Councilman Mariano.

Councilman Mariano

I have one resolution, Madam President.

Council President Verna

Councilman, may I offer a suggestion? That was distributed rather late yesterday. I suggest you ask for a suspension of the Rules

Councilman Mariano

Thank you. I'd like to have a suspension of the Rules because I didn't get a chance to take this around yesterday.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

All in favor will say aye. (Aye.)

Council President Verna

Those oppose? (No response.)

Council President Verna

The ayes have it, and the motion carries.

Councilman Mariano

Thank you, Madam President. THE

Chief Clerk

A resolution authorizing the Committee on Parks, Recreation and Cultural Affairs to hold hearings to investigate the reasons for millions of dollars in outstanding payments to subcontractors who took part in the construction of Lincoln Financial Field, and further authorizing the Committee to issue subpoenas to compel the attendance of witnesses.

Council President Verna

The Chair again recognizes Councilman Mariano.

Councilman Mariano

I move for the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The resolution is adopted and will be referred to the Committee on Parks, Recreation and Cultural Affairs. The Chair recognizes Councilwoman Tasco,

Councilwoman Tasco

Madam President I have no bills or resolutions today.

Council President Verna

Thank you. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

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

Council President Verna

Thank you. The Chair recognizes Councilman Nutter.

Councilman Nutter

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

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I offer one bill.

Council President Verna

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

Chief Clerk

An ordinance amending Title 9 of the Philadelphia Code entitled regulation of businesses, trades, and professions by adding a new chapter requiring dentists to post and distribute certain information concerning the use of mercury in dental procedures and requiring dentists to install systems that permit the recycling of mercury waste, all under certain terms and conditions.

Council President Verna

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

Councilman Goode

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

Council President Verna

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

Councilman Ramos

Madam President, I have no bills or resolutions today.

Council President Verna

Thank you. The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. I offer three bills.

Council President Verna

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

Chief Clerk

An ordinance amending Section 2 of an ordinance, Bill No. 020252, approved May 29, 2002, entitled, an ordinance authorizing revision of lines and grades on a portion of City Plan No. 13S by striking from the City Plan and vacating Lawrence Street from Wharton Street.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance amending Chapter 10-700 of the Philadelphia Code entitled, "Refuse and Litter" by amending the provisions of Section 10-723.2 to prohibit the door-to-door distribution of handbills unless they are handed directly to an occupant.

Council President Verna

This bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance amending Section 9-618 of the Philadelphia Code entitled "Sale of Spray Paint Containers, Indelible Markers and Etching Acid" by prohibiting the sale of etching acid, providing for penalties and making certain technical changes, all under certain terms and conditions.

Council President Verna

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

Councilman O'Neill

Madam President, I have no bills or resolutions.

Council President Verna

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

Councilman Clarke

Thank you, Madam President. I have one bill and one resolution, and I'd like to speak on the resolution. First, ask for a suspension of the Rules because it was circulated somewhat late.

Council President Verna

Are you making a motion now on the motion?

Councilman Clarke

I'm making the motion.

Council President Verna

Is there a second? (Duly seconded.)

Council President Verna

All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution will be considered day. The Clerk will please read the title of the resolution. THE

Chief Clerk

An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600 entitled "Miscellaneous" by adding a new section 14-1627 entitled "Yorktown Special District Controls."

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

And a resolution authorizing City Council to retain counsel to challenge the validity of the provision of the Pennsylvania Race Horse Development and Gambling Act that would exempt tax licensed gambling facilities from the City's zoning laws.

Council President Verna

The Chair again recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, briefly I'd like to explain what we're attempt to do. Today, this resolution simply seeks authorization in the event that we need legal representation. I personally have been extremely concerned about this whole process, particularly as it relates to our ability, as far I'm concerned, our God-given right to have jurisdiction over various zoning matters throughout the municipality. I'm not sure where this is ultimately going to go. There have been a number of amendments requested for this particular gambling legislation. Most recently, there was attempt to have all other municipalities across the Commonwealth be subject to their local zoning laws but exempt Philadelphia where we essentially would have say so as to the placement of casinos. I'm being told that may change. But where it may lie, I believe that the City of Philadelphia should have the right and the jurisdiction to zone any placement of any casino or gaming facility in the City of Philadelphia. Earlier, I think a year and a half ago, Councilman Kenney introduced a bill that required that Council would have to authorize location, i.e., zoning for any casinos in the City of Philadelphia, and we unanimously supported that. So we hope, frankly speaking, that we don't have to enter into this action, but if in fact we do, I would like to have authorization for this Council to proceed in any litigation that we may need.

Council President Verna

Thank you. Are you going to move for the adoption?

Councilman Clarke

I'd like to move for the adoption of the resolution. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilman Kelly

Madam President, I have no bills or resolutions today.

Council President Verna

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

Councilman Rizzo

Madam President, one resolution today.

Council President Verna

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

Chief Clerk

A resolution recognizing, honoring, celebrating, and thanking Peter Nero and the Philly Pops for their invaluable contribution to entertaining and inspiring the City of Philadelphia on the occasion of their 25th anniversary.

Council President Verna

The Chair again recognizes Councilman Rizzo.

Councilman Rizzo

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution is adopted. The next order business are reports from committees. The Chair recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.

Councilman Mariano

The Committee on Licenses and Inspections reports two bills out with a favorable recommendation.

Council President Verna

The Clerk will please read the report. THE

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, the Committee on Licenses and Inspections to which was referred Bill No. 040698, entitled an ordinance amending Section 9-605 of the Philadelphia Code entitled "Towing" by providing that no license to engage in the business of towing vehicles shall be issued to a towing company whose business is located in any political subdivision or state that will not as a matter into contracts for towing services with any Philadelphia-based towing company; And Bill No. 040764 entitled an ordinance amending Title 9 of the Philadelphia entitled, "Regulation of Businesses, Trades and Professions" by adding a section to prohibit the sale of certain motor vehicles, all under certain terms and conditions; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

Thank you. Again, the Chair recognizes Councilman Mariano.

Councilman Mariano

Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040698 and Bill 040764. (Duly seconded.)

Council President Verna

It has moved and properly seconded that the Rules of Council be suspended so as to permit first of Bill Nos. 040698 and 040764. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the bills just read will be placed on today's First Reading Calendar. Council will now proceed under a special order of business to the reconsideration of Bill No. 040666. This bill was passed by the Council at its September 23, 2004 Session and was returned disapproved by the Mayor on October 7, 2004 Session of Council. At this time, the Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Madam President. I'd like to move that Bill No. 040666 be approved notwithstanding the Mayor's veto, and I'd like to speak on the

Council President Verna

Is there a second? (Duly seconded.)

Council President Verna

Did you want to speak now?

Councilman O'Neill

Yes, thank you. Just a couple quick points. One, this is a zoning District R-1A which Council passed three or four years ago that was due to community groups frustration with the Planning Commission promising revisions in the Zoning Code and not ever giving us even a draft. Because houses are being torn down, blocks are being really destroyed by greedy builders who want to put two houses that are three stories where there was one little cottage type house. It's happening in Somerton, Bustleton, and Fox Chase primarily. I had asked the Planning Commission at that time to help me with a new zoning designation I could use in my district that would be not be so small that would allow these two three buildings where there had been and so large that it just prohibits building. We only R-1 and R-2 in addition to R-1A. And it appeared that the Planning Commission put a bill forward a few years ago that really wasn't meeting the demands. So I tweaked the R-1A to try to meet the interest of the people in my district. And there were two part parts to it in this revision. One was Bill No. 040521 that reduced the side yards from 15 on each side to 10, so a nicer house could be built maybe with a two-car garage, something a little more modern than would have been built 30 or 40 years age. That is mentioned as a reason for the veto. It's the No. 1 reason for the veto on the current bill. First thing mentioned in the Mayor's veto message is side yard required would be reduced from 15 feet to 10 feet. That is actually totally inaccurate. This bill does not include that provision. In fact, the companion bill I mentioned was signed by the Mayor that reduced the 15 feet to 10 feet, the side yard requirement, just July 1, 2004. this is a problem with the Administration. I think Planning Commission doesn't like to be second guessed by communities or District Council People. The Byberry site has been in development or redevelopment for almost 20 years. It is at a critical juncture. I've talked to the developers that were chosen to meet with the community. Nothing has been set in stone. There's a long process with the community. They have no problem with this bill. That's going to be a negotiated process. It will probably take a year or more to work its way through the community if they are successful with the Somerton Civic Association. The Somerton Civic Association supports this, not because it has anything to do with Byberry, because the reason for the bill itself is problems in the Somerton Community. It only affects the 10th District. If there's a problem with another district that later occurs and people aren't happy with this, we can do an overlay. I can make for now, with a major error in the factual language of the bill where we've already had a bill signed by the Mayor that covers their main objection, I would ask that Council would support me. I believe it's a district issue and it's a community issue. And developers could be the only ones telling the Planning Commission they're upset with it. I can't understand anybody else being against it. Thank you.

Council President Verna

Thank you. Councilman O'Neill did make a motion to reconsider Bill No. 040666. It was seconded. All in favor of that motion will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. Council will now reconsider the vote by which Bill No. 040666 was passed. The Chief Clerk read the title of the bill. THE

Chief Clerk

An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending provisions of Section 14-205 concerning R-1A residential districts, all under certain terms and conditions.

Council President Verna

This bill having been read on two different days, was duly approved by City Council on September 23, 2004, and was returned to Council by the Mayor as disapproved on October 7th, the question is, shall Bill No. 040666 pass notwithstanding the Mayor's disapproval? Please note that a vote of aye, a vote of aye, is to override the Mayor's veto; and a vote of no, a vote of no is a vote to sustain the Mayor's veto. At this time I would ask the Chief Clerk to please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Nay. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter. 10/14/04 - STATED - 1ST READING

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Reynolds Brown

No. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are 2. Two-thirds majority of all Members of Council having voted in the affirmative, the Mayor's veto is overridden. The next order of business is consideration of the Calendar. The Chief Clerk will please read the 10/14/04 - STATED - 1ST READING bills object the First Reading Calendar. THE

Chief Clerk

Bill No. 040698, an ordinance amending Section 9-605 of the Philadelphia Code entitled "Towing" by providing that no license to engage in the business of towing vehicles shall be issued to a towing company whose business is located in any political subdivision or state that will not enter into contracts for towing services with any Philadelphia-based towing company, all under certain terms and conditions.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 040764, an ordinance amending Title 9 of the Philadelphia Code entitled, "Regulation of Businesses, Trades and Professions" by adding a section to prohibit the sale of certain motor vehicles, all under certain terms and conditions.

Council President Verna

The Chair agrees. The bills just read will be placed on the Second Reading and Final Passage 10/14/04 - STATED - 2ND READING Calendar for our next Session. The Chair now recognizes Councilwoman Blackwell for the purpose of calling bills up on the Second Reading and Final Passage Calendar.

Councilwoman Blackwell

Thank you, Madam President. Today Bill No. 040640-A, 040703, 040643, 040763, 040766, 040781, 040783, and 040784 are being called for second reading and final passage. All over bills are being held.

Council President Verna

Thank you. The Chief Clerk will please read the title of Bill No. 040640-A. THE

Chief Clerk

An ordinance amending 19-2600 of the Philadelphia entitled "Business Privilege Taxes" by establishing a program under which a job creation tax credit will be given to certain businesses creating new jobs in the City of Philadelphia, all under certain terms and conditions.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. 10/14/04 - STATED - 2ND READING The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Council President Verna

Councilman Clarke, how are you voting on this bill?

Councilman Clarke

May I ask a question?

Council President Verna

Certainly.

Councilman Clarke

It's not to clear the potential cost of this bill. I know this question came up during the course of the amendments. I'm not clear what the financial impact -

Council President Verna

I believe Councilman Goode would like to respond.

Councilman Goode

I'm pleased to respond to that question. This bill offers a one-time tax credit of 2 percent which would go back to the employer and one percent which will be a grant to the School District for career vocational programs. That's a total of 3 percent of the 10/14/04 - STATED - 2ND READING wage earnings. I believe our wage tax is still above 3 percent and will for the duration of this program. So essentially, this bill is more than revenue neutral. This bill pays for itself from the wage tax revenue for the credit. And beyond that one-time credit, there is no cost to the bill.

Councilman Clarke

Councilman, with respect to the one-time credit, is that just on one particular fiscal year?

Councilman Goode

It's one credit for one new job created.

Councilman Clarke

I'm going to vote aye. THE