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Minutes

Stated Meeting, November 30, 2006

Philadelphia City CouncilNov 30, 2006

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

Those opposed? (No response.)

Council President Verna

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

Council President Verna

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

Chief Clerk

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.

Council President Verna

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.)

Council President Verna

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.)

Council President Verna

Those opposed? 11/30/06 - STATED - 1ST READING (No response.)

Council President Verna

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.

Chief Clerk

Bill No. 060292-A, an ordinance amending Section 14-1611 of The Philadelphia Code, entitled "Benjamin Franklin Parkway Controls."

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The 11/30/06 - STATED - 1ST READING Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees. 11/30/06 - STATED - 1ST READING

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060826, an ordinance approving the third amendment of the redevelopment proposal for the American Street Industrial Corridor Urban Renewal Area.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060827, an ordinance approving the thirty-fifth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060763, an ordinance authorizing the paving of Croskey Street, under certain terms and conditions.

Council President Verna

The Chair agrees. 11/30/06 - STATED - 1ST READING

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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."

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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."

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

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

Councilwoman Blackwell

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.

Council President Verna

Thank you very much.

Councilwoman Blackwell

You're welcome.

Council President Verna

The Chief Clerk will please read the title of Bill No. 060345-AA.

Chief Clerk

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

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

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.)

Council President Verna

Can you briefly tell us what the amendment is, Councilman?

Councilman O'Neill

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.

Council President Verna

Thank you very much. I know that you introduced the amendment. Did you make a motion?

Councilman O'Neill

Yes. I move the adoption of the amendment. Thank you. (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will say aye. 11/30/06 - STATED - 2ND READING (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. 060113 on .

Chief Clerk

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.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Campbell.

Councilwoman Campbell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. 11/30/06 - STATED - 2ND READING

Chief Clerk

Councilwoman Krajewski voting aye. Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilman Savage.

Councilman Savage

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 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 .

Chief Clerk

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.

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

Councilwoman Campbell. 11/30/06 - STATED - 2ND READING

Councilwoman Campbell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

No.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski voting aye. Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No. 11/30/06 - STATED - 2ND READING

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilman Savage.

Councilman Savage

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

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.)

Council President Verna

Are part of the majority? The Chair recognizes Councilwoman Blackwell.

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.)

Council President Verna

You're welcome. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I move that Council stand adjourned until Thursday, December the 7th, 2006, 10:00 a.m. (Duly seconded.)

Council President Verna

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.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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.)