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Minutes

Stated Meeting, June 10, 2010

Philadelphia City CouncilJun 10, 2010

People mentioned

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

Organizations mentioned

Council President Verna

Thank you. The Chair now recognizes report from the Committee on Housing, Neighborhood Development and the Homeless.

Councilwoman Blackwell

Thank you, Madam President. The Committee on Housing, Neighborhood Development and the Homeless reports out one bill with a favorable recommendation.

Council President Verna

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

Chief Clerk

The Committee on Housing, Neighborhood Development and the Homeless, to which was referred Bill 100159, entitled "An ordinance amending Chapter 21-1100 of The Philadelphia Code, entitled 'Community Development,' by amending Section 21-1108, entitled 'Economic Development,' to increase the percentage of funds that must be allocated to economic development, all under certain terms and conditions," respectfully reports it has considered and returns the attached bill to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

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 No. 100159. (Duly seconded.)

Council President Verna

It has been moved and 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.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. We will now consider the vote by which Bill No. 100158 was passed. This bill was passed by the Council at its May 20th, 2010 session and was returned disapproved by the Mayor at the session on June 3rd, 2010. At this time, the Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

Thank you, Madam Chair. I move that the Council reconsider Bill No. 100158 which was approved by City Council on May 20th. (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 the motion carries. Council will now reconsider the vote by which Bill No. 100158 was passed. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Section 12-1109 of The Philadelphia Code, entitled "Permits Required for Parades, Processions and Assemblages," by conditioning the issuance of such permits on the applicant's agreement to reimburse the City for additional costs the City incurs as a result of the activity for which the permit is issued, subject to a maximum reimbursement amount.

Council President Verna

This bill having been read on two different days was duly approved by City Council on May 20th, 2010 and was returned to Council by the Mayor as disapproved at the session on June 3rd, 2010. The question is shall Bill No. 100158 pass notwithstanding the Mayor's disapproval. of aye is a vote to override the Mayor's veto. 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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Nay.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Nay.

Chief Clerk

Councilman Kelly.

Councilman Kelly

No.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 14; the nays are three. Two-thirds of the Council voting in the affirmative, the Mayor's veto is overridden. We will now consider a resolution re-calling Bill No. 100163-A. Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, I offer one resolution and because this resolution was not circulated yesterday, I move that the rules of Council be suspended to permit consideration of the resolution at this time. (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 motion is adopted. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution requesting the Mayor to return to Council Bill No. 100163, entitled "An ordinance authorizing the City of Philadelphia to organize an authority to be known as the Philadelphia Energy Authority, pursuant to the terms of the 'Municipal Authorities Act,' of 2001," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

Council President Verna

The Chair again recognizes Councilman Clarke.

Councilman Clarke

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

Council President Verna

It has been moved and properly seconded that 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 has passed. The Chief Clerk will please read the letter from the Mayor.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, I am returning herewith, as requested by your resolution adopted June 10, 2010, Bill No. 100163-A for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

Council President Verna

The Chair recognizes Councilman Clarke for a motion that Council reconsider the vote by which Bill No. 100163-A was passed.

Councilman Clarke

So moved, Madam President. (Duly seconded.)

Council President Verna

All in favor please signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 100163-A was passed has been reconsidered. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, I offer an amendment to Bill No. 100163-A. A copy of this amendment has been circulated to all members of Council. Before I move for the adoption, this amendment is simply inserting the address of the incorporators of the Therefore, I move for the adoption of the amendment. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the amendment to Bill No. 100163-A be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and Bill No. 100163-A has been amended. This bill will be placed on our Final Passage Calendar for our next session of Council. The Chair now recognizes Councilwoman Miller. I believe you're offering a resolution.

Councilwoman Miller

Yes. Thank you, Madam President. I offer one resolution. 6/10/10 - STATED - 1ST READING

Council President Verna

The Chief Clerk will read the resolution.

Chief Clerk

A resolution nominating 21 individuals for consideration by the Mayor as appointees to the Police Advisory Commission.

Council President Verna

This resolution will be referred to the Committee of the Whole. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with a suspension of rules have been deemed to have had a first reading. The bills will be placed on our Second Reading and Final Passage Calendar for the next session of Council. The Chief Clerk will please read any other bills on the First Reading Calendar.

Chief Clerk

Bill No. 090466, entitled "An ordinance amending Chapter 9-400 of The Philadelphia Code, entitled 'Carriers,' by adding a new Section 6/10/10 - STATED - 1ST READING 9-408, entitled 'Multi-Seat Pedalcycles,' to provide for the licensing and regulation of businesses operating Multi-Seat Pedalcycles for hire"; and Bill No. 100306, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 308 by widening the cartway of Van Pelt Street between Chestnut Street and Sansom Street, by changing the east and west sidewalk lines of Van Pelt Street between Chestnut Street and Sansom Street and the grade of the westerly sidewalk of Van Pelt Street.

Council President Verna

Thank you. These bills will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilman Clarke regarding an amendment to Bill No. 100134.

Councilman Clarke

Thank you, Madam President. Madam President, I move 6/10/10 - STATED - 1ST READING that the rules of Council be suspended so as to permit an amendment to Bill No. 100134. (Duly seconded.)

Council President Verna

All in favor of the motion will please signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The Chair again recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I would like to offer an amendment to Bill No. 100134. A copy of this amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)

Council President Verna

All in favor of the motion signify by saying 6/10/10 - STATED - 1ST READING aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and Bill No. 100134 is amended. This bill will be placed on the Second Reading and Final Passage Calendar for our next session of Council. The Chair now recognizes Councilwoman Tasco for the purpose of calling up -- no. I'm sorry. Councilwoman Tasco, I believe that there is an amendment to Bill No. 100306 that you will offer.

Councilwoman Tasco

Yes, Madam President. I move that the rules of Council be suspended so as to permit an amendment to Bill 100306. (Duly seconded.)

Council President Verna

And I believe a copy of that amendment has been circulated. 6/10/10 - STATED - 1ST READING

Councilwoman Tasco

I guess so.

Council President Verna

It has. It has been seconded. All in favor of the motion will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. Again, the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Verna

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

Council President Verna

Those opposed? (No response.) 6/10/10 - STATED - 1ST READING

Council President Verna

The ayes have it and the amendment is adopted. Councilman Kelly, I believe you have an amendment to offer for Bill No. 090910.

Councilman Kelly

Thank you, Madam President. I would like to move that the rules of Council be suspended so as to permit an amendment to Bill No. 090910. (Duly seconded.)

Council President Verna

All in favor of the motion will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilman Kelly

Madam President, I would like to offer an 6/10/10 - STATED - 1ST READING amendment to Bill No. 090910. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)

Council President Verna

All in favor of the motion will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and Bill No. 090910 is amended. This bill will be placed on the Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilman Greenlee regarding Bill No. 100267.

Councilman Greenlee

Thank you, Madam President. I move that the rules of Council be suspended so as to permit an amendment to Bill No. 100267. (Duly seconded.) 6/10/10 - STATED - 1ST READING

Council President Verna

All in favor of the motion will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. I would like to offer an amendment to Bill No. 100267. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? 6/10/10 - STATED - 2ND READING (No response.)

Council President Verna

The ayes have it, and Bill No. 100267 is amended. The bill will be placed on our Second Reading and Final Passage Calendar for our next session of Council. I would ask the Chief Clerk to please read -- you have not read the title yet of the first bills on the Calendar, Bill No. 090466, have you?

Council President Verna

You did? Okay. So we will now proceed and we will consider bills on the Second Reading and Final Passage Calendar. 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.

Councilwoman Tasco

Thank you, Madam President. The following bills are being called up for Second Reading and Final Passage Calendar today: Bill Nos. 6/10/10 - STATED - 2ND READING 090852-AA, 100081, 100225, 100342, 100334, 100343, 100335, 100249, 100289, 100336, 090839, 090840, 090880, 090906, 090907, 100213, 100266, 100285, 100310, 100312, 100364, 100007, 100283. Bill No. 090667 is being withdrawn and Bill Nos. 100088 and 100340 are being amended. All other bills are being held.

Council President Verna

Thank you. The Chief Clerk at this time will please read the title of Bill No. 090852-AA.

Chief Clerk

An ordinance amending Chapter 14-1800 of The Philadelphia Code, entitled "Zoning Board of Adjustment," to provide that the Zoning Board of Adjustment shall require any persons seeking a variance from the terms of Title 14 to be current in payments of all taxes imposed under Title 19.

Council President Verna

This bill having been read on two different 6/10/10 - STATED - 2ND READING days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. 6/10/10 - STATED - 2ND READING

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President 6/10/10 - STATED - 2ND READING Verna.

Council President Verna

Aye. The ayes are 16; the nays are one. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090667.

Chief Clerk

An ordinance amending Chapter 14-1600 of The Philadelphia Code by repealing Section 14-1626, entitled "Demolition Moratorium in Old City," and Section 14-1628, entitled "Demolition Moratorium in Queen Village," and enacting a new Section 14-1626, entitled "Demolition Moratorium Districts."

Council President Verna

Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I'm withdrawing that bill for consideration. 6/10/10 - STATED - 2ND READING

Council President Verna

Make a motion. COUNCILMAN DiCICCO: I make a motion to have that bill withdrawn. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 090667 be withdrawn. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. We will now consider Bill No -I'm sorry. It's Resolution No. 100088.

Chief Clerk

A resolution proposing an amendment to the Philadelphia Home Rule Charter to authorize Council to provide that fines imposed for violation of any ordinance prohibiting witness and victim intimidation must be paid into a special 6/10/10 - STATED - 2ND READING fund to be used only for assistance to victims and witnesses.

Council President Verna

The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Madam President. I offer a technical amendment to this resolution that deals with some technical issues. All amendments have been circulated to Councilmembers, and I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the technical amendment 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 motion carries. The Chief Clerk will please read the title of Bill No. 100081. 6/10/10 - STATED - 2ND READING

Chief Clerk

An ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by adding provisions prohibiting the intimidation of witnesses and victims of crimes, providing fines for violations, and requiring that all such fines be paid into a special fund to be used for witness relocation assistance.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. 6/10/10 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. 6/10/10 - STATED - 2ND READING

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100225.

Chief Clerk

An ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by further providing 6/10/10 - STATED - 2ND READING conditions under which a member of the Retirement System may purchase credited service for other governmental employment.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.