COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 28, 2010 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair recognizes Elder Andre Stanton, Senior Pastor of the Revelation Baptist Church of God. He is here today as the guest of Councilwoman Blackwell. I would ask all members and guests to please rise. (Members and guests rise.) ELDER STANTON: Let us pray. Most gracious and honorable God, we thank you for allowing us to see another day that we have never seen before in our lifetime. We thank you for another opportunity to bear witness to your grace and your mercy. We thank you for this occasion, these individuals that you have blessed to be here today, these elected officials. We pray that you would allow them to embrace their differences. Some have different race, creed and other belief and religion, but today they're coming together to be a voice for the people. So we pray that you would give them insight, touch their hearts and their minds, let them know that there is a greater cause, and, that is, to be the best Councilperson that they can be. We pray all these prayers, we ask in the name of the Father. Amen. (Amen.)
The Chair thanks the Pastor for his invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of of the meeting of Thursday, October 21st, 2010. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 21st, 2010 stand as approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 21st, 2010 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leaves of absence, and the
Madam President, on behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite The Chair now recognizes Councilman Rizzo.
Thank you, Madam President. Madam President, I'd like to take this opportunity to acknowledge the group from the Philadelphia Chamber of Commerce, members of the Chamber and their affiliates. They're here in Council today. Could they please stand.
If they would stand, we'd like to recognize you. Welcome. (Applause. )
Madam President, and also I'd like to acknowledge a young man that has expressed interest in Philadelphia politics. He's a Cheyney student and a resident of our city, Rahim Dawkins. He's here visiting with me today. (Applause.)
You're welcome. The Chair recognizes Councilman Jones.
Thank you, Madam President. I'd like to welcome members of the W.B. Saul High School and alumni who are visiting Council today to watch the legislative process in action. (Applause.)
In particular, I'd like to welcome Emilio Garcia, who is the President of the entire Student Government for the School District. (Applause.)
And Mr. Sean Jones, who is President of the Future Farmers of America at Saul. (Applause.)
Thank you, and welcome to all of you. Councilwoman Blackwell, did you want to be recognized?
Absolutely. Thank you, Madam President. We have enjoyed the service of an intern who has been doing all he can to help us with people in need of our office. His name is Abdul Muhammad. We're asking you to recognize Abdul Muhammad, II, his son. He has been selected to travel to Japan in the summer of 2011 with People to People International. So we want to thank him and thank his father for their contribution. (Applause.)
At this time, the Chair recognizes Councilwoman Miller, who will present a resolution proclaiming October 28th, 2010 as "Diabetes Awareness and Glucose Control Day." Would Kathryn Lavriha and those accompanying her please join the I see Councilwoman Miller is being joined by Councilmembers Tasco and Rizzo. The Chair recognizes Councilwoman Miller.
Thank you. Thank you, Madam President. Proclaiming October 28th, 2010 as "Diabetes Awareness and Glucose Control Day." Whereas, diabetes is the sixth leading cause of death in the United States behind heart disease, cancer, stroke, chronic lower respiratory diseases and accidents; and Whereas, the American Diabetic Association estimates that 23.6 million adults and children in the U.S. have diabetes and many more are still undiagnosed; and
Whereas, recognizing the at-risk patient population is a significant concern, concern of epidemic proportions. Nearly half of those who have already been diagnosed with the disease are not reaching their blood glucose target levels; and Whereas, not gaining control of blood glucose levels and not achieving target ALC levels puts these patients at risk for serious complications, including cardiovascular disease, blindness, kidney disease and dialysis, and nerve damage and amputation; and
Whereas, be it resolved that the Philadelphia City Council supports awareness campaigns and public education programs on how to manage and recognize the symptoms of diabetes; and Further resolved, that once an individual is diagnosed, City Council urges them to work with their healthcare provider to gain control of their blood glucose levels, and to manage and prevent complications caused by diabetes. Now, therefore
Be it resolved, by the City Council of Philadelphia, that October 28th, 2010 forevermore be declared "Diabetes Awareness and Glucose Control Day," and that we honor Sanofi-Aventis for their tireless efforts in helping those diagnosed with diabetes lead healthy lives as they manage this disease. Further resolved, that an engrossed copy of this resolution be presented to Sanofi-Aventis as further evidencing the sincere admiration and gratitude of this legislative body. This is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 16th day of September 2010. Signed by Anna C. Verna, President, City Council. Introduced by Donna Reed Miller and co-sponsored by all members of City Council. (Applause.)
Thank you. I'm Kathryn Lavriha with Sanofi-Aventis. I'm a State Government Affairs Manager. We want to thank Councilmember Miller and Tasco and other colleagues for their support of diabetes and glucose control awareness. We're going to be doing a screening across the hall for all City Council members, their employees and other folks that are in the City Council Chambers. We invite you all to attend that event. I want to thank the Councilmember for the proclamation and introduce my team that helped bring that resolution with us today. Chris Jones, Regional Sales Director with Sanofi-Aventis; Andy Boyle, who is our Director of Diabetes Marketing; Anthony Facello, who is our Area Account Manager; and Teresa Oliveria, our Regional Medical is just going to say one or two few words about diabetes. Thank you.
Thank you. Good morning, everybody. I'm Teresa Oliveria. I'm a pharmacist and also a Regional Medical Liaison with Sanofi-Aventis. And just to give you a few quick comments as to why today is so important, to bring this to the level of Philadelphia residents, 11 percent of our residents in Philadelphia have diabetes. That's higher than the average in Pennsylvania, which is currently at eight percent. Our diabetics are diagnosed younger, which means that they have more complications, are at more risk for complications. Our diabetic patients also cost more to treat. One in ten healthcare dollars is currently spent on treating diabetes, and that number is growing immensely. In Philadelphia, both our inpatient and outpatient costs are higher than the average, and that cost is significant, and our Medicaid costs are significantly higher than the rest of the nation. So that's why this proclamation and what we're doing here today is so important, not only nationally but to the City of Philadelphia. So thank you very much. (Applause.)
The Chair now recognizes Councilmembers Clarke, Miller, Sanchez, Blackwell and Goode, who will present a resolution recognizing the X-Offenders for Community Empowerment. Would Wayne Jacobs and those accompanying him please join the Councilmembers at the podium. I see that Councilman Green is also joining the Councilmembers.
Thank you, Madam Chair. Good morning. It gives me a pleasure, great pleasure, to issue this resolution for a couple of reasons. One, because I think these folks are well-deserving, but the other reason is that they're, what we call, unsung heroes, people that are out in the streets every day doing good work and, in particular, individuals that we're talking about today who in some points in their life may have gone astray, to some degree, but realize the error of their way and they have now turned their personal lives around, and they are aggressively ensuring that we continue to have safe communities, aggressively making sure that young people in particular understand the direction that they should take in their lives. So I would like to say it's a a position to do this today. On behalf of City Council of Philadelphia, we offer this resolution recognizing the X-Offenders for Community Empowerment for their positive community activism, services for the ex-offender community and their efforts in reducing gun violence in the City of Philadelphia.
Whereas, the X-Offenders for Community Empowerment was founded in 2000 by Wayne Jacobs and Steven Blackburn to positively affect the lives of formerly convicted persons and the community at large; and
Whereas, it is the mission of the X-Offenders for Community Empowerment (XCE) to empower formerly convicted people to become change agents in mobilizing the community to address issues threatening healthy families and community life; and
Whereas, XCE implements programs for education and the organization's three objectives: One, stop illegal transfer of guns; two, end economic and social practices that unfairly affect formerly convicted people; and, three, protecting the voting rights of the formerly convicted; and Whereas, XCE, through monthly self-help "Pardon Me Clinics," assists formerly convicted people, no longer on probation or parole, to obtain pardons and expungements to help restore their full citizenship rights; and
Whereas, XCE has successfully advocated a number of measures that promote their objectives, including laws requiring the reporting of lost and stolen guns, legislation allowing summary offenses to be placed in the expungement process, and thwarting provisions that would have denied the vote to anyone formerly on probation or parole. Now, therefore, be it
Resolved, by the Council of the City of Philadelphia, that the X-Offenders for Community Empowerment be recognized for their positive community activism, services for the ex-offender community and their efforts in reducing gun violence in the City of Philadelphia. Further resolved, that an engrossed copy of this legislation be presented to Wayne Jacobs and Steve Blackburn evidencing the sincere appreciation of this legislative body for their efforts. Signed and supported by all members of Council. Gentlemen, congratulations and thank you so much. (Applause.)
First I'd like to thank Councilman for recognizing us for this effort. Normally we normally is a group that usually work under the radar. things, a lot of the work we do, we don't be getting a lot of press for, because we're more concerned about doing the work than getting recognition, because the recognition come from the people that we help. And the work that we work on, no one else works on it in this city or in this state in reference to stopping the illegal movement of guns. Councilman Darrell Clarke was the first legislator in this city to introduce that legislation, and that legislation took on a life of its own. Right now the NRA done made it its number one objective not to have that bill passed, because they support crime guns and they support the crime that goes on within this city. And I also support what Councilman Darrell Clarke is getting ready to introduce in terms of closing the loopholes that now exist with the gun owners -- gun dealers being able to -excuse me; where gun owners -- where people who want to own guns can go down a license to carry. And I really think that that is a miscarriage of justice. It only going to increase more crime in the City, and we need to address that issue as well. But also we need to address the issue of helping the formerly convicted people to reintegrate back into this community. Right now we have over 300,000 formerly convicted people living in this city, and 200,000 is no longer on probation and parole, who need a second chance, and this election may be able to help them if the right person get in. No politics? Okay. Can't talk politics. But anyway, I'd like to say that our next campaign that we're going to be working on will be supporting Councilwoman Donna Reed Miller bill to ban the box that now appears on all job applications that automatically discriminate against formerly convicted people, and we want that box off so one-fifth of this population can come out the fact of their criminal background and not because they have a lack of skills. Thank you. (Applause.)
I would like to thank the City Council for recognizing X-Offenders for Community Empowerment and for our work. As Wayne mentioned, we have over 300,000 formerly convicted in this city, and this represents a great talent pool for persons who can return to their communities and make a positive difference. If given the opportunity, the formerly convicted can return to the communities as gainfully employed people to help raise their families and help change some of the conditions in the inner city. So that's our mission, 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 and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 and 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission regarding the following bills: Bill No. 100498, 100546, 100552 and 100656; and I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and portion of the Mantua Urban Renewal Area, designated as Parcel Nos. 277, 278, 279, 280, 281, 282, 283 and 284; and Also an ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the General Fund; and An ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the Water Fund; and An ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the Grants Revenue Fund; and An ordinance approving the first amendment of the redevelopment proposal for the Center City Redevelopment Area, Franklin Town Project, being the area beginning in the vicinity of Spring Garden and Twenty-First Streets; and An ordinance authorizing Mt. Airy USA to install, and the Mt. Airy Business Improvement District to own and maintain, four benches on the east and west footway of Germantown Avenue; and An ordinance authorizing Mike Scotese, owner of Grey Lodge Pub, to construct, own and maintain an open-air sidewalk cafe at 6235 Frankford Avenue; and An ordinance authorizing Rameshchandra Patel, owner and operator of the newsstand located on the northwest corner of Sixteenth Street and Chestnut Street, to construct, use and maintain conduits in, under and across the northwest corner of Sixteenth Street and Chestnut Street; and An ordinance authorizing BIBA Wine Bar, 3131 Walnut Street, Suite 1A, Philadelphia, Pennsylvania, 19104, to legalize various existing encroachments; and An ordinance authorizing Fabio Scarpelli, owner of La Golosa, Inc., to construct, own and maintain an open-air sidewalk cafe at 806 South Sixth Street; CM123, trading as The Wishing Well, to construct, own and maintain an open-air sidewalk cafe at 767 South Ninth Street; and An ordinance authorizing Frank Borda, owner of Francoluigi's Restaurant, to construct, own and maintain an open-air sidewalk cafe at 1549 South Thirteenth Street, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions, and at this time, the Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one bill and two resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing," by revising the requirements for signs that give notice that unauthorized parking is prohibited.
The bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on Legislative Oversight to hold public hearings to investigate how the Risk Management Division of the Finance Department manages its relationships with Third Party Administrators.
The Chair recognizes Councilman Kenney for a motion.
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 indicate by saying aye. (Aye.)
The ayes have it, and the resolution will be referred to the appropriate committee.
And a resolution congratulating William Beck on being formally awarded the Silver Star for his immeasurable contribution to one of the most significant and the first major engagement by the United States Army in the Vietnam War.
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 three bills and one -- no; just the opposite. Three resolutions and one bill, and one of the resolutions is co-sponsored by Councilman Greenlee and Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing BIBA UC Limited Liability Company, doing business as BIBA Wine Bar, 3131 Walnut Street, Suite 1A, Philadelphia, Pennsylvania, 19104, to legalize various existing encroachments.
The bill will be referred to the appropriate committee.
And a resolution honoring and congratulating State Representative Frank Louis Oliver on the occasion of his retirement from the Pennsylvania General Assembly after thirty-six years of service.
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 indicate by saying aye. (Aye.)
And a resolution honoring and congratulating Commonwealth Court Judge Doris Smith-Ribner on receiving the Thaddeus Stevens Award recognizing her work to provide equal educational opportunity to all students in the School District of Philadelphia.
Again, the Chair recognizes Councilwoman Blackwell.
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 approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Mantua Urban Renewal Area.
The Chair again recognizes Councilwoman Blackwell.
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.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I got no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the Water Fund.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the Grants Revenue Fund.
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2010 within the General Fund.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Mike Scotese, owner of Grey Lodge Pub, to construct, own and maintain an open-air sidewalk cafe at 6235 Frankford Avenue.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution honoring the Urban Affairs Coalition and its 41 years of service to the great citizens of Southeastern Pennsylvania.
The Chair recognizes Councilwoman Tasco for a motion.
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 Miller.
Thank you, Madam President. Today I offer one bill and one resolution co-sponsored by Councilman Jones.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing Mt. Airy USA to install, and the Mt. Airy Business Improvement District to own and maintain, four benches on the east and west footway of Germantown Avenue, from Mt. Airy Avenue to East Phil-Ellena Street.
The bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on Public Safety to hold a public hearing to consider and evaluate the issues surfacing around the Philadelphia Police Department and the conduct of its officers.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that this resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. The resolution is adopted and will be referred to the appropriate committee. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I have three resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution recognizing and honoring Asociacion Puertorriquenos en Marcha on the occasion of its 40th Anniversary.
Thank you. 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 naming North Lawrence Street between West Westmoreland Street and West Ontario Street in honor of Guillermo "Bill" Salas, Jr.
Again, the Chair recognizes Councilwoman Sanchez.
Naming North Lawrence Street -- a resolution naming North Lawrence Street between West Westmoreland Street and West Ontario Street in honor of Guillermo "Bill" Salas, Jr.
Okay. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
I hear one person saying aye. Can we try this again, please. All in favor of the adoption of the resolution will indicate by saying aye. (Aye.)
Thank you. That's much better. Those opposed? (No response.)
And a resolution authorizing the Council Committee on Streets and Services to hold a hearing to investigate traffic safety and the needs for additional traffic controls on the North 5th Street Corridor.
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 will be referred to the appropriate committee. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Jones.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions.
The Chair thanks the Councilman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions today.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I have four bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing CM123 Limited Liability Company, trading as The Wishing Well, to construct, own and maintain an open-air sidewalk cafe at 767 South Ninth Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Fabio Scarpelli, owner of La Golosa, Inc., to construct, own and maintain an open-air sidewalk cafe at 806 South Sixth Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing Frank Borda, owner of Francoluigi's Restaurant, to construct, own and maintain an open-air sidewalk cafe at 1549 South Thirteenth Street.
This bill will be referred to the appropriate committee.
And an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," and Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adding special provisions regulating advertising signs in designated Commercial Advertising Districts.
The bill will be referred to the appropriate committee.
And a resolution also naming Broad Street from Spruce Street to Pine Street as "Gamble and Huff Walk."
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.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new Section establishing the Fox Chase Environmental Control District.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will read the title of the first bill, please.
An ordinance approving the first amendment of the redevelopment proposal for the Center City Redevelopment Area, Franklin Town Project, being the area beginning in the vicinity of Spring Garden and Twenty-First Streets.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 10-818 of The Philadelphia Code to provide that no person shall carry a firearm on public streets or public property unless the person is licensed to carry such firearm by a political subdivision of the Commonwealth of Pennsylvania.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Rameshchandra Patel, owner and operator of the newsstand located on the northwest corner of Sixteenth Street and Chestnut Street, to construct, use and maintain conduits in, under and across the northwest corner of Sixteenth and Chestnut Street.
This bill will be referred to the appropriate committee.
And an ordinance renaming and designating Franklintown Park located between North 18th and North 19th Street and between Hamilton Street and Shamokin Street as "Matthias Baldwin Park."
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. 10/28/10 - STATED - 1ST READING The Chair recognizes Councilman Rizzo.
Thank you. I understand that there are no reports from committees today. Therefore, the next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 100654, entitled "An ordinance authorizing the issuance of one or more series of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of the City of Philadelphia."
And Bill No. 100546, entitled "An ordinance repealing 10/28/10 - STATED - 2ND READING Bill No. 090741, entitled 'An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 296, in the area laying northwest of Shawmont Avenue and southwest of Eva Street, by striking from the City Plan and abandoning a portion of a right-of-way for sewers.'"
The Chair agrees. The bills just read will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair now recognizes Councilwoman Tasco for the purpose of calling up the bills to be read on the Second Reading and Final Passage Calendar today.
Thank you, Madam President. Bill Nos. 100541, 100498, 100538, 100554, 100548, 100549, 100612, 100545, 100551, 100636, 100652, 100653 and 100547 are being called up for 10/28/10 - STATED - 2ND READING Second Reading and Final Passage Calendar today. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 100541.
An ordinance authorizing transfers in appropriations for Fiscal Year 2011 within the Grants Revenue Fund from the Director of Finance - Provision for Other Grants Federal Stimulus Funding to certain or all City offices, departments, boards and commissions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100498. 10/28/10 - STATED - 2ND READING
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new Section establishing the Roxborough Environmental Control District.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. (Applause.)
The Chief Clerk will please read the title of Bill No. 100538.
An ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing," by providing that a vehicle may be relocated from the premises of a hospital without 10/28/10 - STATED - 2ND READING first being ticketed.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100554.
An ordinance to amend the Institutional Development District Master Plan of the Aria Health System-Torresdale Campus (formerly Frankford Hospital), located at 10800 Knights Road.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill 10/28/10 - STATED - 2ND READING passes. The Chief Clerk will please read the title of Bill No. 100548.
An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled "City Funds Deposits, Investments, Disbursements," by revising the list of City depositories because of non-compliance with certain provisions of that Chapter.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. 10/28/10 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100549.
An ordinance amending Section 19-201 of The Philadelphia Code, entitled "City Depositories," by amending the process 10/28/10 - STATED - 2ND READING for the selection of City payroll depositories.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 100612.
An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled "City Funds Deposits, Investments, Disbursements," by amending Section 19-201, entitled "City Depositories," by authorizing the City Treasurer to deposit funds in Wells Fargo Bank, National Association.
This bill having been read on two different days, the question now is shall the bill pass finally. 10/28/10 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. 10/28/10 - STATED - 2ND READING 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. 100545.
An ordinance authorizing Francisco Hernandez to construct, own and maintain an enclosed set of stairs attached to 657 East Allegheny Avenue, Philadelphia, Pennsylvania, that will encroach upon the sidewalk of "F" Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100551.
An ordinance 10/28/10 - STATED - 2ND READING authorizing the Veteran Boxers Association to construct, own and maintain a pedestal with a sculpture of Joey Giardello on the traffic median created by the intersection of Passyunk Avenue, Mifflin Street and Thirteenth Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman Jones, how are you voting on this bill, sir?
Aye. The ayes are 17; the nays are zero. A majority of members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 100636.
An ordinance authorizing Thomas and Arlene Leschak, owners of Epicure Cafe, to construct, own and maintain an open-air sidewalk cafe at 10/28/10 - STATED - 2ND READING 3479 Bowman Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 100652.
An ordinance authorizing the Federal Reserve Bank of Philadelphia, located at Ten Independence Mall West, to construct, own and maintain various encroachments in the right-of-way adjacent to the Federal Reserve Bank building on the 6th Street Entry.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill 10/28/10 - STATED - 2ND READING passes. We will now consider Bill No. 100653.
An ordinance authorizing Ashwin Patel, owner and operator of the newsstand located on the southwest corner of Chestnut Street and Tenth Street, to construct, use and maintain conduits in, under and across the southwest corner of Chestnut Street and Tenth Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman 10/28/10 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100547.
An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates 10/28/10 - STATED - 2ND READING and credits for the business privilege tax, by amending the provisions providing a credit for contributions to community development corporations to add certain non-profit intermediaries as eligible recipients of contributions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. This concludes our Calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Madam President and colleagues, today I congratulate Superintendent Arlene Ackerman, the 2010 winner of the Richard R. Green Award, the nation's highest individual award in urban education. The Council of the Great City Schools has awarded her that status, and they did so at their annual conference in Tampa, Florida last week. In voting her the prize, considered the top honor in the country for urban education leadership, the citation noted her reform blueprint, Imagine 2014, her plan to increase resources to the neediest schools through weighted school funding, the renaissance schools' turnaround initiative and the creation of Parent University to increase community engagement. Nine superintendents of big-city school systems competed for the top award for an urban educator, which is to an outstanding school board member and superintendent from 65 of the largest urban school districts in the country. Arlene Ackerman quoted -- this is a quote from the award -- the people who gave her the award, and I quote, "Arlene Ackerman is one of the best big-city school superintendents in the country and is most worthy of the nation's highest individual award in urban education," says Council Executive Director Michael Casserly. "She is smart, dedicated, innovative, effective and completely committed to our urban school children," and they sincerely congratulated her. It is gratifying to know that the rest of the country recognizes the gem that we have here in Philadelphia. Dr. Ackerman's blueprint for education reform, Imagine 2014, is working. For the first time since records have been kept under the federal No Child Left law, half of Philadelphia students met standards on state exams. I look forward to more successful outcomes from Dr. Ackerman and Philadelphia's children under her leadership. And I also want to state that I appreciate the School District's quick support and turnaround of retrofitting the F.S. Edmonds school at Sedgwick and Thouron Avenue last week after we had had an incident of bullying on the school grounds. Vernon Price from the DA's Office and I and the staff, School District staff, toured the school, kind of evaluated what was needed, and in a week's time, they had cut brush back, enhanced the lighting, so it's now a safe place for not only students who attend that school, but residents at the neighborhood who use the school's playground for their children. So I appreciate the work that she has done. I congratulate her on this award. We continue to support her, and District for their very much cooperation with us. Thank you.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I'm going to allow Councilwoman Brown to go before me.
Thank you, Councilman Goode. My topic is the same, Madam President, in that Councilman Jim Kenney often acknowledges how we do not celebrate what is well in our city. Our city is a city of firsts, and today, as Councilwoman Tasco has indicated, another first has happened. She's already stated that, yes, Dr. Ackerman is smart, innovative and I would add to that that she has handled adversity with grace. We are aware of 2014, the blueprint, and the beauty of that strategy is that her goal to funnel more resources to the more needier schools, more resources to the more needier schools, contrary to popular opinion. Another first for the District under her leadership is that records -since records have been kept, our young people are doing better over the last five years. We must acknowledge that that upward climb started under the leadership of Paul Vallas and Chair Lady Sandra Dungee Glenn, who actually should be credited for recruiting Dr. Ackerman. Sandra Dungee Glenn refused to take no from Dr. Ackerman and actually went to San Francisco to have multiple sit-downs with her. Our own President, Barack Obama, gave Dr. Ackerman a shout-out at Masterman for what she has accomplished. So I join Majority Leader Tasco and others in saluting, congratulating and lifting up Philadelphia school's the nation's top urban school leader, another first for Philadelphia. Thank you, Madam President, and thank you, Councilman Goode.
Thank you, Madam President. I have sad news to report. I regret to inform my colleagues and the general public that the Committee of Seventy doesn't care about the working poor. In a city with a 25 percent poverty rate, the issue of fighting poverty is not one of the Committee of Seventy's core objections. In fact, the Committee of Seventy is supporting poverty wages because of its big-business board members. Since 2005, the City has had a local minimum wage standard. Since 2009, this City has also had a minimum benefits to the City government, agencies, certain City contractors and financial aid recipients. This spring this Council decided to codify that policymaking within the Philadelphia Home Rule Charter. It is Ballot Question No. 1 on Election Day, but the Committee of Seventy opposes that ballot question, which is co-sponsored by Councilwoman Sanchez. This proposed Charter change would confirm City Council's power to require certain companies to pay their employees a certain minimum level of pay, to provide their employees with a certain minimum level of benefits. The Charter change allows for the standard to be applied to professional services contracts as well. The new minimum wage and benefits ordinance currently requires certain City-supported employers to pay at least 150 percent of the federal minimum wage to its employees. It also mandates that if the employer provides of its employees, the employer shall provide each full-time employee healthcare benefits. There is an exemption for small businesses with annual gross receipts of less than $1 million. A company may also request a waiver, if necessary. 88 per hour, which means that a person who works 40 hours per week for all 52 weeks of the year should make at least $22,600 for working full time year round. The purpose of this legislation is to assure that as many employees as possible within the City of Philadelphia earn an hourly wage that enables them to live with more dignity and increase economic self-sufficiency. The standard is based on existing local and state job creation tax credit laws. So what's up with the Committee of Seventy? Once again, it didn't do its Seventy says it's concerned about the costs. Whose costs? The Administration can offer a waiver to social service agencies or others that can't afford the standard. And there is already, as I mentioned, an exemption for small businesses. So whose costs? The cost of Seventy's big-business board members that make the decision to oppose livable wages, an unethical decision, because many could be impacted by the Charter change and be forced to pay more livable wages. It is a conflict of interest for them to make that decision. But the same big-business board pays Seventy's President and CEO a quarter of a million dollars. 88 per hour, which means that a person who works 40 hours per week for all 52 weeks in a year should make at least $22,600 working full time all year. But the big-business board of the Committee of and CEO more than ten times that to ride his Jaguar into Philadelphia from the suburbs to protect their big-business greedy interests. As former editor of the Daily News, he should know that his former paper actually endorsed the standard, not once but twice. The Philadelphia Inquirer endorsed the standard today, to their credit. The Committee of Seventy calls their opposition to this ballot question a non-partisan recommendation. What do we already know about the Committee of Seventy's board? We know that it lacks diversity, thanks to Councilwoman Reynolds Brown. It lacks racial diversity. It lacks gender diversity. It lacks diversity with regard to economic class, and I'm willing to bet it even lacks political diversity.
So I urge voters to vote yes on Ballot Question No. 1, fight poverty and tell the rich guys to drive their Jaguars and shut up when it comes to our economic opportunity. Thank you, Madam President. )
Thank you, Madam President. I just want to remind folk about the diabetic screening today and the diabetic education awareness event immediately following -well, it starts at 11:30 in the Caucus Room, and anyone in City Hall is invited to come over and get screened. Thank you.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I certainly agree with all the comments made regarding Dr. Arlene Ackerman, and we do commend her for her going through some issues these days with regard to charter schools, but nonetheless, we are proud of her leadership and of her creative programs. I would also like to note that in addition to the screening that Councilwoman Miller noted, that Abdul Muhammad, father and son, have provided some sandwiches and snacks in 476, if anybody would like to partake in them. Thank you.
Thank you. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I wanted to add to my colleague's, Wilson Goode's, comment and just say that the most disappointing issue related to this is the fact that they did not meet with the bill sponsor. And it's very important as we create independent groups who want to help shape policy that part of it is working together, and we've proven with the Board of Ethics and others that we can work in collaboration to the same goal. So I just for the record wanted to note the fact that they did not call us and they did not meet with us, and we're very disappointed with that. I wanted to take a moment, we distributed a copy of the Sunday article written by Mark Zandi, the Chief Economist of Moody's, regarding our Philadelphia business tax reform and just wanted to add and remind people that for the last two years, we've been working really hard and thanks to the leadership, as I mentioned when I introduced this bill, and the consultation of Econsult on this piece of legislation. I think Zandi's article is as self-explanatory as it can be in terms of what our intentions are, the benefits of this and whatever foreseeable unintended consequences there be, which at this point appear to be none. We continue to work with the Administration on this. We've met with dozens of businesses, small businesses, accountants representing thousands of businesses. We've met with the editorial boards of both the Philadelphia Daily News and the Inquirer, which led the Inquirer editorial board to ask Mr. Zandi to review our proposal in an objective manner and come up with his review of it, and as you could see from his article, he glowingly endorses our out-of-the-box thinking. So to ensure that folks are aware of our work and give folks an update before we go into the public hearing sessions, which we intend to have in November, next Thursday at 1 o'clock we will do a briefing for Council and for its staff after Council so that we can give you the presentation we've given others, the lessons that we've learned in many stakeholders. We continue to meet with those stakeholders who have questions, some which have been answered, I believe so, by Mr. Zandi's objective presentation, but we will continue to meet with them, with the chambers and others as we move this forward, and I want to thank all my colleagues for their help, their support. And we, from the beginning, are willing to meet with anybody else who is concerned about this or has any questions as we try to move forth what we believe to be the best small business and business reform initiative this city has seen in the last few decades. So thank you very much.
You're welcome. The Chair recognizes Councilman Jones.
Thank you, Madam President. to acknowledge things we do right and also things we need to do better, and I want to stand today to thank my colleague Donna Reed Miller for introducing the resolution to look into allegations of police abuse, misconduct and confrontations with the public. It is a courageous stance. It is a difficult -(Applause.)
It is a difficult task to balance the right of police officers, their right to go home to their families in the evening, and the right for every citizen to believe that they should be treated with dignity and respect. And this process that she is undertaking, and I will join in with her, is a delicate effort to assure citizens that the rules for me and you are the same for those who happen to wear blue, and it's an important concept that this body needs to make sure that the public knows exists. you, Madam President.
You're welcome. The Chair recognizes Councilwoman Tasco. (Applause.)
Thank you, Madam President. I'd just like to remind everyone that Tuesday, November the 2nd is Election Day. It is a very important day, and I remind people if they don't vote, they don't count. It's a very important election. We can't tell you how to vote, but we ask them to peruse the candidates who are running, vote for their candidate of their choice, but the important thing is that they vote. The polls are open from 7:00 a.m. until 8:00 p.m. Thank you very much.
Thank you. Councilman Jones, your light is to be recognized?
Thank you. Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, November the 4th, 2010, 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, November 4th. All in favor will say aye. (Aye.)
The ayes have it, and Council will be adjourned until Thursday, November 4th. Thank you. (Stated Meeting adjourned at 11:20 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 October 28, 2010, and that this is a true and correct transcript of same. MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)