COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, November 30, 2006 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN CAROL ANN CAMPBELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILMAN DANIEL SAVAGE COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats. (Audience member yelling.)
May we please have order? Thank you. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes and apologizes for our lateness to Monsignor Daniel Sullivan of Our Lady of Mount Carmel Church. He is here today as the guest of Councilman DiCicco. I will ask all members and guests to please rise. (Everyone rises.)
Almighty and eternal God, you revealed your glory to all nations. God of power and might, wisdom and justice, through you authority is rightly administered, laws are enacted pray today in this our City of Brotherly Love for the members of our City Council who are entrusted to guard our political welfare. May they be enabled by your powerful protection to discharge their duties with honesty and ability. Please, God, let them recognize the awesome responsibility that they have accepted by accepting the votes of the citizens of Philadelphia, those citizens, your sons and daughters, who have placed their trust in these men and women. In difficult times throughout the centuries, you have blessed your people as strong and courageous leaders. May these men and women be those leaders today. Give them your light and strength to know your will, to make it their own and to live it first in their own lives. Guide them by your wisdom. Support them by your power. You desire justice for all. Enable them to uphold the rights of others, to recognize your noble gift of human life as it exists in every moment of history. Let them protect, defend and support that gift by their words, their actions and their legislative decisions. In all things good, dear Lord, do not allow them to be misled by ignorance or corrupted by fear of favor. Unite them to yourself and to your guidance. Keep them faithful to all that is true. And today as we pray for them, we likewise commend to your mercy all the citizens of the City of Philadelphia that they, through these men and women, be blessed in the knowledge that our City of Brotherly Love, our cradle of liberty is not just our glorious history. It is by your favor our constant reality. May we always be attentive to the consistent challenge of perpetuating this reality. Keep us all under your watchful eye and loving protection. Amen.
Amen. thanks Monsignor Sullivan for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, November 16, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, November 16, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, November 16, 2006 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The next order of business is requests for leave of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the majority.
Thank you. At this time, 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 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 Krajewski.
Thank you. Madam President, I would like to be excused for the rest of the session and I would like to be recorded as voting aye on all bills and resolutions and amendments.
Thank you. At this time, the Chair recognizes Councilman Goode, who will present a resolution declaring December 4th as Alpha Phi Alpha Centennial Day. Will Mr. Ernest Merriweather, him please join the Councilman at the podium.
Good morning. About 23 years ago when I was only 18 years of age, I joined a brotherhood for the better making of men. Let me repeat that. The better making of men. I'm convinced today that manhood is a crucial issue in this City right now. The poverty, the lack of education, unemployment and underemployment, drugs, crime and violence are all linked to dangerous rites of passage, the wrong rites of passage and to so-called manhood in the hood, which doesn't produce the real men of character that we need in our communities. As a city and as a community, we need better rites of passage. In addition to my father and my mother and my sisters, I stand here also as a product of my brothers. So it is a very special honor for me as a member of this Council to present a resolution 4th, 2006 as Alpha Phi Alpha Centennial Day in the City of Philadelphia on the occasion of the 100th anniversary of the fraternity. Whereas, seven college men founded the Alpha Phi Alpha Fraternity, Incorporated, the first interocollegiate African-American Greek letter fraternity, on December 4th, 1906, on the campus of Cornell University; and Whereas, since its inception, over 175,000 men have joined the Alpha Phi Alpha Fraternity through over 700 campus and alumni chapters, including seven chapters in the Philadelphia region; and Whereas, the fraternity's objective is to stimulate the ambition of its members; prepare them for the greatest uses of humanity, freedom and dignity of the individual; encourage the highest and noblest form of manhood, and to aid downtrodden humanity in its efforts to achieve higher social, status; and Whereas, in furtherance of its objectives, the Alpha Phi Alpha Fraternity has embarked upon numerous projects, including the Martin Luther King, Jr. Memorial Project, the Go-to-High-School, Go-to-College Project and A-Voteless-People-is-a-HopelessPeople program; and Whereas, nationally, the members of Alpha Phi Alpha, including the Reverend Dr. Martin Luther King, Jr., WEB Dubois, Paul Robeson, Jesse Owens, Duke Ellington, U.S. Supreme Court Justice Thurgood Marshall, Ambassador Andrew Young, U.S. Senator Edward Brooke, United States Congressmen Chaka Fattah, William H. Gray, III, Adam Clayton Powell, William Dawson, Ronald Dellums, Harold Ford, Charles Rangel, Robert C. Scott, Earl Hilliard, as well as Mayors Maynard Jackson, Richard Arrington, David Dinkins, Willie Brown, Dennis Archer, Ernest and Mark Morial, Marion Barry, Kilpatrick, Emmanuel Cleaver, along with Ebony Magazine founder John H. Johnson, Professor Cornell West and Pennsylvania State Representative James Roebuck, to name just a few, have all personified the organization's highest ideals through their life's work. Whereas, I was initiated into Alpha Phi Alpha over two decades ago, and other local members have included former Councilman and Judge the late Raymond Pace Alexander, as well as Inspector General Seth Williams, Recreation Commissioner Victor Richard, Local NAACP President Jerry Mondesire, as well as others. Now, therefore resolved, that Council of the City of Philadelphia, hereby declares December 4th, 2006 as Alpha Phi Alpha Centennial Day in the City of Philadelphia on the occasion of the 100th anniversary of the fraternity. This is a true and correct copy of the original resolution, adopted by City of Philadelphia, on the 26th day of October 2006. Signed by Anna C. Verna, President of City Council, introduced by W. Wilson Goode, Jr. and sponsored by all members of Council. (Applause.) (Standing ovation.)
The Chair recognizes Mr. Merriweather for remarks.
Thank you, Madam President, members of City Council, my brother, W. Wilson Goode, Jr. We thank you as the brothers of Alpha Phi Alpha Fraternity, Incorporated here in the Philadelphia area. I humbly accept this award on behalf of our General President, Brother Darryl Matthews. Also, we have three chapters here in Philadelphia. I am the President of Rho Chapter. We also have Zeta Omicron Lambda Chapter, which is headed by Hannum, and Omicron Delta Lambda Chapter headed by Brother James Urban. We as the brothers of Alpha Phi Alpha will continue the fight and continue our mentoring to young men. As long as young boys don't understand the importance of going to high school and going to college and as long as young men don't understand the importance of a voteless people is a hopeless people, there will be a need for brothers of Alpha Phi Alpha, and we will continue our fight and continue to mentor to young people as we go along in the City of Philadelphia. We have been here for 100 years and continue on for another 100 years hopefully, and we thank you for your support and your acknowledgments and everything you do. I'm going to ask now that my brothers of Alpha Phi Alpha assemble to sing our fraternity hymn, if you would indulge us for a few moments. Thank you. (Alpha Phi Alpha sing fraternity hymn.) (Applause.)
I understand that we have some students in the audience from Vare School, which is in my district. If you would stand, we'd like to recognize you and say welcome. (Applause.)
The Chair now recognizes Councilwoman Tasco, who will present a resolution honoring the bravery of Ken Hyers. Will Mr. Hyers and those accompanying him please join the Councilwoman at the podium. Councilwoman Tasco.
Thank you, Madam President. This morning it gives me pleasure to present this resolution honoring the bravery of Ken Hyers. Whereas, the Council of the City of Philadelphia is pleased and proud to honor Mr. Ken Hyers for his selfless and heroic deeds on the night of Thursday, August 24, 2006, deeds which most certainly helped preserve the life of a young Philadelphia resident; and Whereas, on that night, Ken Hyers put his own safety aside to step in and thwart the kidnapping of a 14-year-old girl, who an assailant was attempting to snatch from her own front porch. After stopping the kidnapping and fighting off the man, who was armed with a dangerous automatic weapon, Ken Hyers followed the girl's attacker, while using his cell phone to contact Philadelphia police and inform them of the attacker's whereabouts; and Whereas, because of Ken's bravery, the girl's attacker was arrested and charged. It was also discovered at this time that the man was the perpetrator of several other recent area, including a rape and two home invasions. It is quite evident that because of his selfless act on the night of August 24, 2006, Ken Hyers is solely responsible for taking a deadly criminal off of the Philadelphia streets and making residents safer City-wide; and Whereas, Ken Hyers' acts that night seems only natural, as he has always been concerned about the welfare of his neighbors. He has been an active Town Watch member for many years and, in fact, even used his Town Watch training to help him stop the kidnapping that night. Ken is truly an asset to his community, whose care, concern and observation help to make our entire City safer. Now, therefore resolved, by the Council of the City of Philadelphia, that we hereby recognize and congratulate Mr. Ken Hyers for his selfless and heroic deeds on the night of Thursday, August 24, 2006, deeds which most certainly of a young Philadelphia resident. Further resolved, that an engrossed copy of this resolution be presented to Mr. Ken Hyers as evidence of the sincere sentiments of this legislative body. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia, on the 19th day of October, 2006, signed by President Verna and all members of City Council. And we want to thank Mr. Hyers. He lives in my district and was honored by the Lawncrest Civic Association, and he really deserves all the accolades that he can receive for his heroic deed, and thank you so much. (Applause.)
The Chair recognizes Mr. Hyers for brief remarks.
The Chair now recognizes Councilwoman Brown, who will present a resolution honoring Salome Thomas-El. Will Mr. Thomas-El and those accompanying him please join the Councilwoman at the podium. (Applause.)
We are also joined by a sampling of young people from the Russell Byers Charter School. I continue to have enormous respect and admiration for teachers and who make a difference to be a difference for the children in our City's public schools, and I'm of the opinion that every chance we get to celebrate women and men who are making a difference for our children, we need to do that. Our honoree this morning is no exception. Honoring Salome Thomas-El for his tireless dedication to improve the quality of life and service to the children of Philadelphia, the School District of Philadelphia, and his authorship of two nationally acclaimed books. Whereas, Salome Thomas-El is a native Philadelphia son who earned a Bachelor's degree from East Stroudsburg University and studied abroad in Cambridge and London, England; and Whereas, Salome Thomas-El began his career as a teacher with the Philadelphia Public School District in 1987 and with a focus to inspire students to attend special admission high schools, colleges and universities; and Whereas, his career in education has seen such involvement, as the Head Administrator in two North Philadelphia middle schools, John F. Reynolds and Stoddard-Fleisher, where under his leadership he facilitated reading breakfasts and Saturday morning tutoring programs, which has led Mr. Salome Thomas-El being offered principal opportunities in many school districts throughout the Commonwealth. Everybody wanted to take him. Whereas, under his tutelage, students have received international recognition as eight-time national chess champions, and through his leadership as coach, chess has drawn many students to gain life lessons through the strategic instruction and competitive nature involved in playing the game; and Whereas, Mr. Thomas-El has guest on The O'Reilly Factor, C-SPAN, the Tavis Smiley Show, CNN and NPR radio, offering commentary and innovative views of teaching and mentoring. And many of his students have been featured in Readers Digest, Education Week, National Education Association Today, Black Enterprise Magazine, highlighting his good work and diligent effort. Whereas, he has received recognition as one of the best Philadelphians in 2006 by our own Philadelphia Magazine, by the School District of Philadelphia, the Marcus A. Foster Award for being an outstanding administrator, by the University of Pennsylvania as the winner of the renowned Martin Luther King Award, and as the recipient of an Honorary Doctorate of Humane Letters from Ursinus College in Pennsylvania for both his personal and professional commitment to education; and Whereas, currently Mr. Salome husband and father of two daughters, a current doctoral student and now serves professionally as the principal of the Russell Byers Public Charter School in Philadelphia; and Whereas, he is the author of two inspirational books, "I Chose to Stay" and "The Immortality of Influence," that define his work with students, outlining the significance of parenting and mentoring; and Whereas, Mr. Salome Thomas-El's work will now be featured in a Disney film, soon to be played here in our City. Therefore, be it resolved, by the City Council of Philadelphia, that we hereby honor and commend you, Mr. Salome Thomas-El, for your commitment to the children of Philadelphia, for your leadership and for the contributions to the literary realm. Further resolved, that an engrossed copy of this resolution be presented to you as evidence of the body. Introduced by Blondell Reynolds Brown and sponsored by all the members of the Philadelphia City Council. Congratulations. (Applause.)
Thank you very much, Councilwoman, your President, Councilmembers. I'd like to thank you for all of your support, not only for educators in Philadelphia but for our children, and even, more importantly, to Mr. Hyers. Because when I think about a man who is willing to go and help a child that he does not even know in a city where we have parents who will not save their own children, who will not turn in people who they know are hurting their children, I think he is definitely a real hero in our society. But I think also we have to look up to our children, who grow a society that we know does not give them what they need, but they somehow find a way to make it out. And I think that we need to, every opportunity we get, uplift these children and support them. And I think what we need to do is, when we greet each other, no longer say how are we. What we need to ask each other is, how are the children. God bless you and thank you very much. (Applause.)
The next order of business is communications. The Chair requests 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.
To the President Council of the City of Philadelphia, I am pleased to advise you that today, November 29, 2006, I signed all of the bills that were passed by Council at its session on November 16, 2006, except Bill No. 060582-A and I am herewith returning to you as disapproved Bill No. 060582-A; and I am transmitting herewith for the introduction and consideration of your honorable body a resolution appointing a member to the Board of Directors of the Hospitals and Higher Education Facilities Authority of Philadelphia; namely, Shelley Simms Reed, term to expire January 1, 2010; and A resolution appointing a member to the Board of Directors of the Philadelphia Municipal Authority; namely, Leonard Cid, term to expire January 1, 2008; and An ordinance authorizing the paving of St. Thomas Drive, under certain terms and conditions; and directing the revision of lines and grades on a portion of City Plan No. 58 by striking from the City Plan and abandoning a right-of-way for drainage purposes of former Noble Street and former Darien Street; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 11-S, 42, 43, 97, 269 and 308 by placing on the City Plan South Street from its current terminus northwest of the northwesterly Pierhead and Bulkhead Line of the Schuylkill River; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 359 by placing on the City Plan St. Thomas Drive; and An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Community Development Fund for certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase from the School District of Philadelphia, for nominal consideration, certain tracts of land with buildings and improvements thereon, known as 4000 to 4010 Germantown Avenue; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by condemnation for the purpose of a public right-of-way for a new bridge crossing the Schuylkill River through South Street.
Thank you. The messages will be printed in the Journal. Does the Chief Clerk have any other messages in her possession?
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I appreciate your indulgence at this moment, because I have a piece of business that I need to take care of. As you know, myself, Councilmember O'Neill and Councilman Greenlee now are graduates of St. Joe's Prep, and over the last few years, St. Joe's Prep has established itself as a pretty dominant sports school in sports such as football and basketball, especially in football, and because of that, the two gentlemen sitting behind me, Joe Meade and Dave Forde, have taken an awful lot of guff from me as to the fact that they are graduates of LaSalle Prep. And LaSalle over the years has not done very well against St. Joe's Prep in football, and I do remind them from time to time, but the tables have been turned. On Friday night, LaSalle beat the Prep in the Catholic League Championship, and I thought it would be only appropriate that I hold up the sign for posterity and give them the credit that they're due and remember that sports turns around pretty quickly from time to time. So thank you, Madam President.
The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of their introduction. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one bill and three resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 20 of The Philadelphia Code, entitled "Officers and Employees," by providing a civil service preference for the children of police officers and firefighters who were killed or who died in the line of duty, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution urging the Pennsylvania Legislature to repeal the provision of House Bill 446 that allows gaming facilities to serve free alcoholic beverages to their patrons.
Thank you, Madam President. Just quickly, I do say that House Bill 446 has a number of very important and beneficial elements to it, including our ability to regulate take-out beer delicatessens and also changing the 30 percent requirement for food in small taverns for Sunday sales, but this provision allowing unlimited free alcohol is, I think, a little insane. We're looking at the possibility of having two facilities in Philadelphia, neither of which will have hotel rooms. So what we are basically setting up is a situation where we're urging people to come and gamble, we're going to supply them with liquor so they gamble probably more than they should, and then we're going to allow them to get back in their cars and drive home. To me, that's a recipe for disaster for our neighborhoods. And with that, I would move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of the next resolution.
A resolution recognizing and honoring Philadelphia's Community Behavioral Health organization on the occasion of their 10th anniversary.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. Councilwoman Campbell, your light is on. Did you want to be recognized?
I would ask the Chief Clerk to then read the title of the last resolution, please.
A resolution honoring renowned disc jockey Pierre Robert for his 25th anniversary with WMMR 93.3 as an energetic, outrageous and celebrated personality at one of America's oldest and most influential rock stations.
I move 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 introduce two bills and two resolutions on your behalf and one resolution on my behalf.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 11-S, 42, 43, 97, 269, 308 by placing on the City Plan South Street from its current terminus northwest of the northwesterly Pierhead and Bulkhead Line of the Schuylkill River.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by condemnation or purchase in lieu of its condemnation rights, for a new bridge crossing the Schuylkill River through South Street.
This bill will be referred to the appropriate committee.
And a resolution appointing Leonard Cid to the Board of Directors of the Philadelphia Municipal Authority.
This resolution will be referred to the appropriate committee.
And a resolution appointing Shelley Simms Reed to the Board of Directors of the Hospitals and Higher Education Facilities Authority of Philadelphia.
This resolution will also be referred to the appropriate committee.
And a resolution calling on the Joint Committees on Finance and Education to hold hearings on the high incidence of truancy among students in the School District of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
The resolution will be referred to the Committee on Finance and Education, and at this time, the Chair welcomes and recognizes Councilman Greenlee.
Thank you very much, Madam President. On behalf of Councilwoman Krajewski, I offer four bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2006 within the General Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2006 within the Water Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2006 within the Aviation Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Community Development Fund for certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.
This bill will also be referred to the appropriate committee, and the Chair recognizes Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution honoring the contributions of Dr. Jacqueline Swift to the Philadelphia Music World.
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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase from the School District of Philadelphia, for nominal consideration, a certain tract of land with buildings and improvements thereon, known as 4000 to 4010 Germantown Avenue.
This bill will be referred to the appropriate committee. Again, the Chair also welcomes Councilman Savage and recognizes him.
Thank you, Madam President. I have no bills and no resolutions today.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two bills and three resolutions.
Thank you. The Chief Clerk will please read the first bill.
An ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," by adding certain definitions and by amending Section 12-800, entitled "Bicycle Regulations and Penalties," prohibiting pedalcycles that seat more than two passengers from roadways, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 58.
This bill will be referred to the appropriate committee.
And a resolution commending Recycle Bank as the 2006 Waste News' Corporate Environmental Award winner and encouraging the Department of Streets to maintain and expand the company's services in the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution calling on the Pennsylvania Society to cease holding its annual event in New York City and relocate the event to the State of Pennsylvania on a rotating basis between various geographic areas.
Again, the Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 23rd and 31st Wards of the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Sorry, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair welcomes and acknowledges Councilwoman Campbell. Do you have any bills or resolutions today?
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 38th Ward of the City of Philadelphia.
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 Councilman O'Neill.
Madam President, I offer three bills and one resolution signed by all Councilmembers, for which I will be asking for a suspension of the rules.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing and directing the placing upon City Plan No. 350 of a certain 50-foot-wide and a certain 60-foot-wide right-of-way for water main purposes.
The bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 359 by placing on the City Plan St. Thomas Drive.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of St. Thomas Drive, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution in favor of honoring The Firefighter and Paramedic Interest Arbitration Award.
Madam President, this resolution in favor of honoring The Firefighter and Paramedic Interest Arbitration Award was circulated this morning. Again, I thank each one of my colleagues for co-sponsoring it, and I move to suspend the rules so that the resolution can be considered today.
The ayes have it and the motion carries. Councilman O'Neill.
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled "Use of an Automated Red Light Enforcement System to Prevent Red Light Violations," by authorizing the installation of red light enforcement systems at the intersection of Mascher Street at Roosevelt Boulevard.
The bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Girard Avenue, Pennsylvania Avenue, 32nd Street and a Railroad right-of-way.
This bill will be referred to the appropriate committee.
And an ordinance granting permission to Muhammad Shaukat, owner and operator of the newsstand located on the southeast corner of Broad Street and Montgomery Avenue.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-200, entitled "Residential Districts," by adopting a new Section 14-217, entitled "Industrial Transformation District," under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution recognizing, honoring and celebrating Ryan Howard for being named National League Most Valuable Player and his many accomplishments in his young career and to the City of Philadelphia.
Madam President, I move for the adoption of this 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 next order of business is reports from committees, and the Chair recognizes Councilman Clarke for a report from the Committee on Rules.
Thank you, President, the Committee on Rules reports nine 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 on Rules, to which was referred Bill No. 060292-A, entitled "An ordinance amending Section 14-1611 of The Philadelphia Code, entitled 'Benjamin Franklin Parkway Controls,' by providing for additional height controls in the vicinity of Benjamin Franklin Parkway"; and Bill No. 060637, entitled "An ordinance amending Chapter 14-1400 of The Philadelphia Code, entitled 'Parking and Loading Facilities'"; and Bill No. 060731, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning of land located within an area bounded by Canal Street, Laurel Street, Delaware Avenue and Lewellen Street"; and Bill No. 060740, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Tacony Creek, Adams Avenue and Bingham Street; and Bill No. 060743, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Master Street and American Street; and Bill No. 060762, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land bounded by Tomlinson Road and Roosevelt Boulevard; and Bill No. 060797, an ordinance to amend the Philadelphia Zoning Maps by of certain areas of land located within an area bounded by Thompson Street and Juniata Street; and Bill No. 060826, an ordinance providing for the third amendment of the redevelopment proposal for the American Street Industrial Corridor Urban Renewal Area; and Bill No. 060827, an ordinance approving the thirty-fifth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area, respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I move that the rules of Council be suspended so as to permit first reading this day of 060292-A, 060637, 060731, 060740, 060762, 060797, 060826 and 060827. (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 read and reported from committee, with the exception of Bill No. 060743. All in favor will please say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 060743 will be placed on our First Reading Calendar for our next session of Council. The Chair again recognizes report from the Committee on Public Property and Public Works.
Thank you, Madam President. Madam President, the Committee on Public Property and Public Works reports three 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 on Public Property and Public Works, to which was referred Bill No. 060799, entitled "An ordinance authorizing the extension of the extended trial program authorized by Bill No. 051096, under which advance approval is given to the Philadelphia Facilities Management Corporation"; and Bill No. 060801, entitled "An ordinance authorizing the Commissioner of and deliver to the Philadelphia Authority for Industrial Development a deed bounded by Ruth Street on the northwest, Clearfield Street on the northeast, Emerald Street on the southeast and Orleans Street on the southwest"; and Bill No. 060858, entitled "An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 1015 to 1021 Mount Vernon Street in the City of Philadelphia," 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 Clarke.
Madam President, I move that the rules of Council be suspended so as to permit of Bill Nos. 060799, 060801 and 060858. (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 out from committee. All in favor will 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 DiCicco for a report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports 14 bills out
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Streets and Services, to which was referred Bill No. 060741, entitled "An ordinance granting permission to Atul Amin and A&J Newsstand Corporation, owner and operator of the newsstand located on the southeast corner of 9th and Market Street"; and Bill No. 060742, entitled "An ordinance granting permission to Manu Patel, owner and operator of the newsstand located on the northeast corner of 7th and Market Street"; and Bill No. 060759, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 312 by striking from the City Plan and vacating the southeasterly 20-foot portion of Arendell Avenue"; and Bill No. 060760, entitled "An ordinance authorizing the Water Commissioner, on behalf of the City of Philadelphia, to enter into an agreement with the owners of 228 East Mount Airy Avenue, under certain terms and conditions"; and Bill No. 060761, entitled "An ordinance amending Chapter 12-900 of The Philadelphia Code, entitled 'Parking Regulations and Penalties,' by adding a new Section 12-918, entitled 'Parking for Car Sharing Organizations'"; and Bill No. 060763, entitled "An ordinance authorizing the paving of Croskey Street"; and Bill No. 060764, entitled "An ordinance granting permission to Shailesh Tilvawala, owner and operator of the newsstand located at the southwest corner of 15th and JFK Boulevard"; and Bill No. 060798, entitled "An ordinance amending Chapter 12-3000 of The Code, entitled 'Use of an Automated Red Light Enforcement System to Prevent Red Light Violations,' by authorizing the installation of red light enforcement systems at the intersection of Welsh Road at Roosevelt Boulevard, the intersection of Rhawn Street at Roosevelt Boulevard and the intersection of Levick Street at Roosevelt Boulevard"; and Bill No. 060800, entitled "An ordinance amending Section 9-205 of The Philadelphia Code, entitled 'Sidewalk Sales,' by prohibiting sidewalk sales on portions of Stokley Street and Hunting Park Avenue"; and Bill No. 060830, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 46-S within an area bounded by 26th Street and the Schuylkill Expressway"; and Bill No. 060802, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code by authorizing the enforcement systems at the intersection of Southampton Road at Roosevelt Boulevard"; and Bill No. 060831, entitled "An ordinance authorizing the paving of Palermo Drive, Colli Drive, Milano Drive, San Vincenzo Drive, Napoli Way, Pietro Way, Messina Way, Hartranft Street, Calabria Way, Foggia Drive, Salerno Way, Roma Drive, Genoa Drive and Trieste Way"; and Bill No. 060835, entitled "An ordinance granting permission to Nirlesh Desai, owner and operator of the newsstand located at the southeast corner of 16th Street and JF Kennedy Boulevard"; and Bill No. 060859, entitled "An ordinance authorizing John Rocco to construct, operate and maintain underground electrical and phone conduit feeds for a newsstand located at the northwest corner of 20th and Market Streets," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading today of the 14 bills that have just been read into the record. (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 indicate by saying aye. (Aye.)
Those opposed? 11/30/06 - STATED - 1ST READING (No response.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The next order of business will be the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 060292-A, an ordinance amending Section 14-1611 of The Philadelphia Code, entitled "Benjamin Franklin Parkway Controls."
And Bill No. 060637, an ordinance amending Chapter 14-1400 of The Philadelphia Code, entitled "Parking and Loading Facilities," by exempting mechanical access parking garages from certain requirements.
The 11/30/06 - STATED - 1ST READING Chair agrees.
And Bill No. 060731, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Canal Street and Lewellen Street.
And Bill No. 060740, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located by the Tacony Creek and Bingham Street.
And Bill No. 060762, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of an area bounded by Tomlinson Road and Roosevelt Boulevard.
The Chair agrees. 11/30/06 - STATED - 1ST READING
And Bill No. 060797, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land bounded by Thompson Street and Juniata Street.
And Bill No. 060826, an ordinance approving the third amendment of the redevelopment proposal for the American Street Industrial Corridor Urban Renewal Area.
And Bill No. 060827, an ordinance approving the thirty-fifth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area.
And Bill No. 060799, an ordinance authorizing the 11/30/06 - STATED - 1ST READING extension of the extended trial program authorized by Bill No. 051096, under which advance approval is given to the Philadelphia Facilities Management Corporation.
And Bill No. 060801, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed bounded by Ruth Street, Clearfield Street, Emerald Street and Orleans Street.
And Bill No. 060858, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a lead located at 1015-1021 Mount Vernon Street. 11/30/06 - STATED - 1ST READING
And Bill No. 060741, an ordinance granting permission to Atul Amin and A&J Newsstand Corporation, owner and operator of the newsstand located at the southeast corner of 9th and Market Streets.
And Bill No. 060742, an ordinance granting permission to Manu Patel, owner and operator of the newsstand located at the northeast corner of 7th and Market Streets.
And Bill No. 060759, an ordinance authorizing and directing the revision of lines and grades on portion of City Plan No. 312 by striking from the City Plan and vacating the southeasterly 20-foot portion of Arendell Avenue. 11/30/06 - STATED - 1ST READING
And Bill No. 060760, an ordinance authorizing the Water Commissioner, on behalf of the City, to enter into an agreement with the owners of 228 East Mount Airy Avenue, under certain terms and conditions.
And Bill No. 060761, an ordinance amending Chapter 12-900 of The Philadelphia Code, entitled "Parking Regulations and Penalties," by adding a new section, entitled "Parking for Car Sharing Organizations."
And Bill No. 060763, an ordinance authorizing the paving of Croskey Street, under certain terms and conditions.
The Chair agrees. 11/30/06 - STATED - 1ST READING
Bill No. 060764, an ordinance granting permission to Shailesh Tilvawala, owner and operator of the newsstand located on the southwest corner of 15th and JFK Boulevard.
And Bill No. 060798, an ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled "Use of an Automated Red Light Enforcement System to Prevent Red Light Violations."
And Bill No. 060800, an ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting sidewalk sales on portions of Stokley Street and Hunting Park Avenue.
And Bill No. 11/30/06 - STATED - 1ST READING 060802, an ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled "Use of an Automated Red Light Enforcement System to Prevent Red Light Violations."
And Bill No. 060830, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 46-S within the area bounded by 26th Street and Penrose Avenue.
And Bill No. 060831, an ordinance authorizing the paving of Palermo Drive, Colli Drive, Milano Drive, San Vincenzo Drive, Napoli Way, Pietro Way, Messina Way, Hartranft Street, Calabria Way, Foggia Drive, Salerno Way, Roma Drive, Genoa Drive and Trieste Way, under certain terms and conditions. 11/30/06 - STATED - 1ST READING
And Bill No. 060835, an ordinance granting permission to Nirlesh Desai, owner and operator of the newsstand located at the southeast corner of 16th and JFK Boulevard.
And Bill No. 060859, an ordinance authorizing John Rocco to construct, operate and maintain underground electrical and phone conduit feeds for a newsstand located at the northwest corner of 20th and Market Streets.
The Chair agrees. That concludes the bills on our First Reading Calendar for today. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today. 11/30/06 - STATED - 2ND READING
Thank you, Madam President. On , Bill No. 060345-AA will be amended. On , Bill No. 060113 is being called up for second reading and final passage, as is on Bill No. 060583. All other bills are being held.
The Chief Clerk will please read the title of Bill No. 060345-AA.
An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service Businesses," to add new provisions to prohibit the sale, from certain retail establishments, of "blunts," "loosies," cigarette papers, cigars and other items that may be otherwise legal but are commonly used as drug paraphernalia, under certain terms and conditions. 11/30/06 - STATED - 2ND READING
Yes, Madam President. I wish to introduce an amendment to Bill 060345-AA. The text of the proposed amendment has been circulated to all members of Council, and I move to adopt the amendment. (Duly seconded.)
Can you briefly tell us what the amendment is, Councilman?
I will try. This is a bill which attempts to prohibit the sale of flavored blunts, small cigars, cheap cigars that are sold in a lot of retail outlets and stop and go's, as we heard at the public hearing. And the purpose of it is, most of them are sold loose by themselves and taken out of the pack and they're used to cut open and insert marijuana and use for other drug-related purposes, and I'm trying to -- and there's been several 11/30/06 - STATED - 2ND READING amendments. The difficult part of this is trying to narrow the bill enough that it hits its intended target without hurting legitimate sales and use of cigars. So this is another attempt to sort of further refine the bill. More information has come in since the hearing, since meetings with the Chamber of Commerce and others, and hopefully it's near the end of adding A's to the bill number.
Thank you very much. I know that you introduced the amendment. Did you make a motion?
Yes. I move the adoption of the amendment. Thank you. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. 11/30/06 - STATED - 2ND READING (Aye.)
The ayes have it and the motion carries. The Chief Clerk will please read the title of Bill No. 060113 on .
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development, for nominal consideration, a deed conveying fee simple title to a certain tract of City-owned land with buildings and improvements thereon, located 5928 to 30 Germantown Avenue in the City of Philadelphia, for further conveyance at fair market value.
Thank you. This bill having been read on two different days, the question now is shall the bill pass finally. 11/30/06 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A 11/30/06 - STATED - 2ND READING majority of all members having voted in the affirmative, the bill passes. The last bill to be called for consideration is Bill No. 060583, which is on .
An ordinance amending Chapter 10-600 of The Philadelphia Code, entitled "Public Places - Prohibited Conduct," by prohibiting smoking in public places and in the workplace, and providing for penalties, all under certain terms and conditions.
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 15; the nays are two. A majority of members having voted in the affirmative, this bill passes. That concludes our Calendar for today. Are there speeches on the part of the minority? (No response.)
Are part of the majority? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I rise today to talk about housing reorganization, as we do every week. This week we are alarmed to hear that Vacant Property Review Committee that this Council created in 1976 is being disbanded and done away with. So we hope that the Administration will hear us carefully. Everybody got very angry when we had some eight hearings to talk about this, and we're prepared to start hearings again if they think that Council will stand for having neighbors who want side yards, who want individual properties -- it is our way to try to give people in neighborhoods the ability to get, at nominal fee or at cost if they are business people, the ability to get properties to improve the quality of life in our neighborhoods. again, Vacant Property Review Committee is very important to us. This Council created it to carve out some place in RDA where our communities and residents have the opportunity to get property, to get side yards, to get lots, to create gardens, to do building in a small way, as well as those who use it for a bigger way. And, again, we ask that the Administration hear us. We're serious about it. We can start hearings all over again if this is what is required. If we've had eight, we can have eight more, but this Council will not stand for taking away the rights of individual people in neighborhoods, and we will not accept the fact that -and we had a commitment. We had a commitment from everybody in the Administration that the Vacant Property Review Committee would not be affected and would not be done away with, and we hear that this is what is happening. And, again, we rise to say so many people who work in the City, who live in the City, who have given 35, 36, 38 years to the City have had their jobs taken away, and it's been unfair, the whole process that pits union leader against union leader, worker against worker, that creates a system where people bump down and take jobs from others they've worked with over the years. It's an unfair system. We protest about it every week. We've reached the end of our rope. If you bother VPRC, you have the rest of us to deal with. Thank you, Madam President. (Applause.)
You're welcome. The Chair recognizes Councilwoman Tasco.
Madam President, I move that Council stand adjourned until Thursday, December the 7th, 2006, 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, December 7th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:50 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on November 30, 2006, 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.)