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Minutes

Stated Meeting, December 7, 2006

Philadelphia City CouncilDec 7, 2006

People mentioned

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Organizations mentioned

Council President Verna

Council will now proceed under a special order of business to the recommendation of Bill No. 060582-A. This bill was passed by the Council at its November 16, 2006 session, and it was returned disapproved by the Mayor on November 30, 2006, session of Council. At this time, the Chair recognizes Councilwoman Brown.

Councilwoman Reynolds-Brown

Thank you, Madam President. I make a motion to be heard on Bill No. 060582-A. (Motion seconded.)

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Reynolds-Brown

Thank you, Madam President. Madam President, there are many who would agree that the Commonwealth and certainly our city still has a long way to go when it comes to providing both affordable and quality child care 12/7/06 STATED - RECONSIDERATION OF 060582-A for constituency quite frankly that cannot vote -- children. And this bill, in essence, is designed to eliminate additional barriers and thereby create more opportunities for children in our city, but more specifically, for providers who want to have affordable child care for little people in our city. The proposed ordinance amends the Philadelphia Zoning Code to permit day care in commercial districts where it is not currently permitted. So in essence, the bill is designed to broaden the options of locations that providers have when they want to think about where they want to have child care. Under the ordinance, day care for 12 children or less will be permitted in C-1 commercial districts. And day care centers will be permitted in the office/commercial district and in the neighborhood shopping center districts, which currently they cannot 12/7/06 STATED - RECONSIDERATION OF 060582-A do. As a result, day care in some form will be permitted in all commercial districts except for the 10th and the 6th Councilmatic districts. In the C-1 district, the number of children is limited to 12. Frequently, this zoning classification exists in buildings at the end of a row of residences. The limitation accommodates the needs of parents in those communities for child care and avoids overly intensive uses of these properties. It should be noted further that in a C-1 classification day care, like commercial uses, only the first floor of the building is permitted. There are also two non-substantive changes to the ordinance -- a definition of day care; and, secondly, a clarification that day care is permitted as an accessory use to churches and places of worship. 12/7/06 STATED - RECONSIDERATION OF 060582-A Day care's currently allowed as accessory to churches and places of worship. The proposed ordinance would only state this so specifically. I might add that you can go to Harriet Dicter at the State or to Allison Acevedo or the Christine (indiscernible) at PCCY or any of the professionals at the (indiscernible), which is a professional organization in the business of being a voice for child care providers. And all of them will tell that you this is another small incremental step to making a difference to those who want to provide child care to little people. And, finally, I should note that this bill in every way mirrors a bill that was passed unanimously in 2001 where, again, District 6 and District 10 were exempted for reasons that I can't understand and accept. Those are my remarks for asking for support, Madam President, and I now 12/7/06 STATED - RECONSIDERATION OF 060582-A move that Council reconsider Bill No. 060582-A, which was approved by Council City Council on November 16, 2006. (Motion seconded.)

Council President Verna

All in favor, let it be known by saying aye. Those opposed? Nay? The motion carries. Council will now reconsider the vote by which Bill No. 060582-A was passed. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by adding a definition and providing for day care in certain commercial districts and as an accessory to churches and places of worship, all under certain terms and conditions.

Council President Verna

This bill, having been read on two different 12/7/06 STATED - RECONSIDERATION OF 060582-A two days, was duly approved by City Council on November 16, 2006, and was returned to Council by the Mayor as disapproved on the November 30, 2006 session of Council. The question is, shall Bill No. 060582-A pass notwithstanding the Mayor's disapproval? Please note that a vote of aye is a vote to override the Mayor's veto. I will repeat: A vote of aye is to override the Mayor's veto, and a vote of no is to sustain the Mayor's veto. A vote of no is to sustain the Mayor's veto. I would ask the Chief Clerk to please call the roll.

Chief Clerk

Councilwoman Blackwell?

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Campbell?

Councilwoman Campbell

Aye.

Chief Clerk

Councilman Clarke 12/7/06 STATED - RECONSIDERATION OF 060582-A is voting aye. 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.

Chief Clerk

Councilwoman Krajewski?

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller?

Councilwoman Miller

Aye.

Chief Clerk

Councilman Ramos?

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown?

Councilwoman Reynolds-Brown

12/7/06 STATED - RECONSIDERATION OF 060582-A 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 16, the nays are zero. Two-thirds of the majority of members having voted in the affirmative, the Mayor's veto is overridden. * * * 12/7/06 STATED - FIRST-READING CALENDER

Council President Verna

The next order of business will be the consideration of the calendar. I would ask the Chief Clerk to please read the bills on the first-reading calendar.

Chief Clerk

Bill No. 060743, an ordinance amending the Philadelphia Zoning Maps by changing the zoning designation of certain areas of land located within an area bounded by Master Street, Second Street, Thompson Street, and American Street.

Council President Verna

The Chair agrees.

Chief Clerk

Bill 060005, an ordinance amending Section 4-09 of the Restated General Water and Waste Water Revenue Bond Ordinance of 1989.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060504, an ordinance removing a portion of the property in the 41st Ward of the 12/7/06 STATED - FIRST-READING CALENDER City from the Philadelphia Keystone Opportunity Zone.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060766, an ordinance amending Chapter 19-1500 of the Philadelphia Code entitled "Wage and Net-Profits Tax."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060833, an ordinance authorizing transfers in appropriations for Fiscal Year 2007 from the Grants Revenue Fund to the General Fund certain or all City offices, departments, boards, and commissions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060851, an ordinance authorizing transfers in appropriations for Fiscal Year 2006 from the Grants Revenue Fund Provisions for Other Grants to the 12/7/06 STATED - FIRST-READING CALENDER Housing Trust Fund.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060886, an ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the General Fund to certain or all City offices, departments, boards, and commissions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060887, an ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Aviation Fund to certain or all City offices, departments, boards, and commissions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060888, an ordinance authorizing transfers in appropriations for Fiscal Year 2006 within the Water Fund to certain or all City offices, 12/7/06 STATED - FIRST-READING CALENDER departments, boards, and commissions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060889, an ordinance authorizing transfers in appropriation for Fiscal Year 2007 within the Community Development Fund to certain or all City offices, departments, boards and commissions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060581, an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Home Rule Charter creating a Youth Commission.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060682, an ordinance providing for the submission to the qualified electors of City of Philadelphia to provide for the 12/7/06 STATED - FIRST-READING CALENDER composition of a City Planning Commission.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060684, an ordinance providing for the submission to the qualified electors of the City of Philadelphia to empower the City Planning Commission to extend a time period within which it must provide recommendations to Council on pending legislation affecting zoning.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060699, an ordinance providing for the submission to the qualified electors of the City of Philadelphia for the creation, appointment, powers, and duties of an independent Philadelphia Zoning Code Commission.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 12/7/06 STATED - FIRST-READING CALENDER 060854,an ordinance amending Chapter 17-1400 of the Philadelphia Code entitled "Noncompetitive Bid Contract Financial Assistance.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060890, an ordinance amending Chapter 12-3000 of the Philadelphia Code by authorizing the installation of red light enforcement systems at the intersection of Mascher Street and Roosevelt Boulevard.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 060891, an ordinance granting permission to Muhammad Shaukat, owner and operator of the newsstand located on the southeast corner of Broad and Montgomery Avenue for the purposes of supplying electrical service and telephone service.

Council President Verna

The 12/7/06 STATED - FIRST-READING CALENDER Chair agrees.

Chief Clerk

And Bill No. 060636, an ordinance amending Section 9-605 of the Philadelphia Code entitled "Towing" to provide that owners of vehicles which have been stolen or which have been illegally used without the owner's permission shall not be required to pay the towing, storage, and recovery charges after their vehicle has been towed.

Council President Verna

The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I received another technical memo yesterday from the Law Department for Bill No. 060855. I move that the rules of Council be suspended so as to permit amendment to that bill at this time. (Motion seconded.)

Council President Verna

All in favor of the motion will signify aye. 12/7/06 STATED - FIRST-READING CALENDER Those opposed? The ayes have it, and the Chair recognizes Councilman Goode.

Councilman Goode

Thank youk, Madam President. I'd like to offer an amendment to Bill No. 060855. A copy of the amendment has been circulated to all members of Council I move the adoption of the amendment.

Council President Verna

All in favor of the motion will signify by saying aye. Those opposed? The ayes have it, and Bill No. 060855 is amended. This bill will be placed on our second-reading and final-passage calendar for or next session Council. That concludes our first-reading calendar. * * * 12/7/06 STATED - SECOND-READING CALENDAR

Council President Verna

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.

Councilwoman Blackwell

Thank you, Madam President. Today, our calendar starts on at the bottom. We will hear Bill No. 060637. All the other bills that are listed will be heard on : Bill No. 060731, 740, 762, 797, and 826. On , Bill No.'s 060827, 799, 801, 858. On , Bill No.'s 060741, 742, 759, 760, 761. On , Bill No.'s 060763, 764, 798, 800, 802. And finally, on , Bill No.'s 060830, 831, 835 and 859. All other bills are being held.

Council President Verna

Thank you. 12/7/06 STATED - SECOND-READING CALENDAR I would ask the Chief Clerk to please read the title of Bill No. 060637.

Chief Clerk

An ordinance amending Chapter 14-1400 of the Philadelphia Code entitled "Parking in Loading Facilities" by exempting mechanical-access parking garages from certain requirements.

Council President Verna

This bill having been read on two different days, the question now is: Shall the bill pass finally? The clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell?

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Campbell?

Councilwoman Campbell

Aye.

Chief Clerk

Councilman Clarke is voting aye. Councilman DiCicco? 12/7/06 STATED - SECOND-READING CALENDAR

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.

Chief Clerk

Councilwoman Krajewski?

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller?

Councilwoman Miller

Aye.

Chief Clerk

Councilman Ramos?

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown?

Councilwoman Reynolds-Brown

Aye.

Chief Clerk

Councilman Rizzo? 12/7/06 STATED - SECOND-READING CALENDAR

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 16, nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 060731.

Chief Clerk

An ordinance amending Philadelphia Zoning Maps by changing zoning designation of certain areas of land located within an area bounded by Canal Street and Lewellen Street.

Council President Verna

This bill having been read on two different days, the question is: Shall the bill 12/7/06 STATED - SECOND-READING CALENDAR pass finally?

Chief Clerk

Councilwoman Blackwell?

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Campbell?

Councilwoman Campbell

Aye.

Chief Clerk

Councilman Clarke is voting aye. 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.

Chief Clerk

Councilwoman Krajewski?

Councilwoman Krajewski

Aye. 12/7/06 STATED - SECOND-READING CALENDAR

Chief Clerk

Councilwoman Miller?

Councilwoman Miller

Aye.

Chief Clerk

Councilman Ramos?

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown?

Councilwoman Reynolds-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 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. 12/7/06 STATED - SECOND-READING CALENDAR Councilwoman Miller, your light is on; did you want to be recognized?

Councilwoman Miller

Yes, yes. Thank you, Madam President. Madam President, I need to be excused to attend Council business and would like to be recorded as voting aye on all bills.

Council President Verna

Thank you. Thank you very much. We will now consider Bill No. 060740.

Chief Clerk

An ordinance amending Philadelphia Zoning Maps by changing zoning designations of certain areas of land within an area bounded by Tacony Creek, Rising Sun, Adams Avenue, West Hill Creek Drive, Hill Creek Circle, South Hill Creek Drive, Adams Avenue, and Bingham Street.

Council President Verna

This bill having been read on two different days, the question is: Shall the bill pass finally? 12/7/06 STATED - SECOND-READING CALENDAR The clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell?

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Campbell?

Councilwoman Campbell

Aye.

Chief Clerk

Councilman Clarke is voting aye. 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.

Chief Clerk

Councilwoman Krajewski? 12/7/06 STATED - SECOND-READING CALENDAR

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller is voting aye. Councilman Ramos?

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown?

Councilwoman Reynolds-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 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. 12/7/06 STATED - SECOND-READING CALENDAR The next bill to be called for consideration is Bill No. 060762.

Chief Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of the area of the City generally bounded by Tomlinson Road and Roosevelt Boulevard.

Council President Verna

This bill having been read on two different days, the question is: Shall the bill pass finally? The clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell?

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Campbell?

Councilwoman Campbell

Aye.

Chief Clerk

Councilman Clarke is voting aye. Councilman DiCicco?

Councilman Dicicco

Aye.

Chief Clerk

Councilman Goode? 12/7/06 STATED - SECOND-READING CALENDAR

Councilman Goode

Aye.

Chief Clerk

Councilman Greenlee?

Councilman Greenlee

Aye.

Chief Clerk

Councilman Kelly?

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney?

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski?

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller is voting aye. Councilman Ramos?

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown?

Councilwoman Reynolds-Brown

Aye.

Chief Clerk

Councilman Rizzo?