COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, November 5, 2009 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Father Augustus Puleo of Our Lady of Mount Carmel Church. He is here today as the guest of Councilman Kelly. I would ask all members and guests to please rise. (Members and guests rise.)
In the name of the Father and of the Son and of the Holy Spirit. Almighty God and Father, we ask you to send down the Holy Spirit upon us today. We will be guided by the Holy Spirit in our prayers, in our work, in passing legislation, the point to the common good of all people. May we take to heart in our thoughts and our discussions the plight of the weak, the voiceless, the inborn, the widows, the homeless, the undocumented, the uneducated, people with such vices as drug abuse and alcoholism. May we also ask the Blessed Virgin Mary to continue to care for our children, our grandchildren, our great grandchildren, the children in our schools, in the neighborhoods so that they too can live in a city that's a safe haven for them, that they will have optimism, education, shelter, but, most of all, a wonderful future. They too, in their own way, have to be convinced that their lives are just as important as the lives of any other person and that the future depends on them. They are our present and our future, but they too will help all of us build up this wonderful city, the City of Philadelphia, as we build up the kingdom of God on earth. In the name of the Father and the Son and the Holy Spirit. (Amen.)
Thank you, Father. The Chair thanks Father Puleo for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, October 29th, 2009, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 29th, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that meeting of Thursday, October 29th, 2009 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 leave of absence, and at this time, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, a leave of absence is requested for Councilmember Greenlee.
Thank you. Leave is granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the Councilman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining 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 you to come again. The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages 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, I am pleased to advise you 4, 2009, I signed all of the bills that were passed by Council at its session on October 29, 2009, except Bill No. 090660; and I am transmitting for the consideration of your honorable body an ordinance authorizing Korean Community Development Services Center to own and maintain various sidewalk encroachments; and An ordinance authorizing the People's Emergency center to construct, own and maintain various sidewalk encroachments, 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.
The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
The Chief Clerk will please read the title of the resolution.
A resolution recognizing Kahn and Company Real Estate on the occasion of celebrating their 100th Anniversary.
The Chair recognizes Councilman Kenney for a motion on the resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing Brandywine Cira Post Office to construct, own and maintain various encroachments at 2970 Market Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the People's Emergency Center to construct, own and maintain one bench and one parking sign on the north and south footway of Lancaster Avenue, between 40th and 41st Street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title.
An ordinance authorizing the Korean Community Development Services Center to construct, own and maintain three benches near the northeast corner of West Tabor Road.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one resolution.
Thank you. The Chief Clerk will please read the title.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground situate in the 59th Ward of the City of Philadelphia.
Again, the Chair recognizes Councilwoman Miller.
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 Sanchez.
Thank you, Madam President. I have one resolution on behalf of the Administration.
Thank you. The Chief Clerk will please read the title.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground situate in the 19th Ward of the City of Philadelphia.
Thank you. I move for the adoption. (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 motion carries. The Chair recognizes Councilman Green.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution resolving that the City of Philadelphia shall be deemed to have satisfied the local governing body review requirement for its application for a Recovery Act Byrne Grant.
This bill was co-sponsored by Councilmembers Clarke and Jones, and I move for its adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Committee on Labor and Civil Service to employ and fix the compensation of experts to assist the Committee with its inquiries and recommendations in conjunction with the hearings and investigations being conducted by the Committee.
Thank you, Madam President. I move for the adoption. (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 Jones.
Thank you, Madam President. I have one bill and one resolution co-sponsored by Councilwomen Blackwell, Tasco, Sanchez and Brown.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 9-203 of The Philadelphia Code, entitled "Street Vendors," by permitting street vending on designated streets and making certain technical changes.
The bill will be referred to the appropriate committee.
And a resolution congratulating Harrisburg Mayor-Elect, Linda Thompson and York Mayor-Elect, Kim Bracey on their historic elections as the first African-American as mayors of those cities.
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 Goode.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
The Chair thanks the Councilwoman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, at this time I have one bill, but I anticipate getting another bill before we conclude today's session.
The Chief Clerk will please read the title of the bill.
An ordinance amending Section 17-109 of The Philadelphia Code, entitled "Local Bidding Preferences," by increasing the local bidding preference percentage, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
A resolution urging the Nutter Administration to reinstitute mechanical leaf collection service in the City of Philadelphia.
Madam President, I move for the adoption of the this resolution.
Excuse me. I'm sorry. I didn't see your light on.
Thank you, Madam President. I am in favor of the concept here. I do not think City Council should be redoing its budget decisions. We voted for this. We made tough decisions. People are going to have to bag their own leaves. I would be supportive of an ordinance that would identify funds to go to mechanical leaf collection that we can put in the Streets Department or other places, but I don't think that we should have a policy of encouraging the Administration to change budget decisions we agreed on without providing the funding for that decision through a transfer ordinance. So I urge my colleagues to vote no on this resolution.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I don't usually speak on resolutions, but in this particular instance, I feel the need to because of the nature of service delivery and what we as Councilpeople are all about. I think consistently throughout a budget year based on the need to be responsive to issues that come before us as Councilmembers, it has been a history whereas we have come up with recommendations, suggestions, sometimes even transfer ordinances that do impact the budget. While I understand this particular resolution may not identify a specific funding mechanism, I think it is a resolution. I understand that there is a problem, although I don't have that many trees. I think I have one tree on my block, so that's not necessarily a problem for me personally, but I understand, having conversations with other members, that this is a challenge throughout certain parts of the City. Thank you.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I think proper and adequate notification is an issue in how leaves are being collected now. When I got the memo, I was a little bit shocked to learn that folk couldn't use plastic bags, had to go out and buy degradable bags. And I think if people knew that -- I don't remember discussing the specifics about tree collection when we were having budget discussions earlier this year. So I think it was just a shock to everyone, and if we do proper notification, education of our citizens, then that makes the difference. In this instance, there was no notification that I'm aware of. Thank you.
Thank you. The Chair recognizes Councilman O'Neill.
Yes, Madam President. There has been leaf collection for as long as there's been snow removal, is my understanding in this city, and in many cases, it's just as important a safety issue and a service issue. This is something that I don't think has been very well thought out, except that it's going to save money. And in terms of the budget question, while I'm sensitive to it, we have a $4 billion budget. You can't vote no on a budget because of one thing that's 400,000 or a hundred thousand may not be right, but it doesn't mean you can't express yourself at some time later. Thank you.
Thank you. Councilman Rizzo, would you move your motion, please.
I think that the Administration needs to look at this, and that was the purpose, and I thank my colleagues that supported this and understand why it's so important that these leaves be picked up and not create hazards. And I think that the process needs to be looked at very carefully, because I believe that we're probably going to spend almost as much money as they're allegedly saving because of the fact that special trucks are going to be needed to pick up these leaves, et cetera. This is a dangerous situation, Madam President. A woman called me and told me about the fact that in Northwest Philadelphia she parked her vehicle with two children in it on a pile of leaves, not thinking about the ramification, and as she was sitting there making adjustments to the car seats, the leaves below the vehicle started to smolder, and she was very fortunate that she realized that and moved her vehicle. So this is a dangerous situation. This winter when we have snow, those leaves will be plowed away, if there is any plowing, and we're going to either have to pay now or pay later. We just cannot leave this debris that will clog our inlets and make our city a very unsafe place to walk and to drive. So, again, I thank my colleagues for their support.
Excuse me. I would wait to adopt this. There are several Councilmembers that would like to be recognized. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: I'm a little bit taken aback today about the importance of picking up leaves for the citizens of this city. I mean, I think we have a budget crisis going on. We have some issues. I think we may be the only municipality that I'm aware of that ever picked up leaves mechanically. People live in the suburbs where there's nothing but trees and grass, and they go out with a rake, they put their leaves in a pile and bag it. Maybe this is a good way of encouraging people to also sweep their sidewalks, as they have not been doing for a very long time, and gather up the hand bills and all the other stuff that we've been trying to eliminate but for whatever reason some people think it's unconstitutional. I just think we have a lot more important issues to be dealing with than being concerned with sweeping one's sidewalk. Thank you.
Thank you. The Chair recognizes Councilman Kenney.
I don't know, Madam President. Maybe it's because Frank DiCicco and I come from South Philly. I've had a tree on my sidewalk for 20 years. I have a shovel and a broom and a bag, and that's how my leaves get picked up. So, I mean, I know this must be the big issue of the day, but I don't understand why we're having a debate about it. Thanks.
You're welcome. The Chair recognizes Councilwoman Tasco.
Thank you. I mean, I agree with Donna, it depends on where you live, if you live where we live, with all the trees that we have and a large number of senior citizens who don't have the ability to get out and rake the leaves. Leaves are very dangerous when they're wet, and when you come out of your house, you can slip. So I do it myself because the guy that I tried to hire to do leaves disappeared. So I have to do the leaves, but it's very important to us who live in an area where we have a lot of trees and a lot of leaves and a lot of senior citizens, and they too, many of them, are on fixed income, don't have the ability to pay for the bags and all of that. I too -- when Councilman Rizzo asked me to co-sponsor, I thought about the budget issues, and I'm very mindful of that, but we put it in to keep the issue on the table as we deliberate going forward. We didn't want it to get lost. So we hope that our members will be sensitive to those of us who represent individuals in neighborhoods that do have problems with tree leaves. Thank you.
Thank you. The Chair recognizes Councilman Jones.
I feel compelled to say something because I am a co-sponsor. I didn't want us to go to this level of debate about it, but for the people of Wynnefield, Overbrook, Carroll Park, Overbrook Farms, East Falls, Allegheny West and Paradise, this is an important issue, and I move from -a million years ago I was a South Philly boy, and I understand about scrubbing sidewalks, but in Wynnefield, we rake leaves and we do that, but our graying community, my senior citizens can't get out there and do that. And so when these leaf blowers come and pick up the leaves, it is a welcomed relief. Those leaves wind up getting snow impacted and become concrete, cement, and we wind up paying for it in the long run in our waterways. So I move for the -- I support my colleague. I co-sponsor it, and hope all members of Council will do so as well. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Kelly.
Thank you, Madam President. I come from the Upper Northeast, of course, and we are inundated with leaves up there. We have more trees probably than any section in the City, and anything that's going to help clean up our streets and make it more safe for people, we much appreciate it. I want to thank the Councilman for sponsoring this bill, and I think that the Administration is just going to have to look around and see what other cost-saving measures they can do to grant this resolution. Thank you.
You're welcome. The Chair recognizes Councilman Green.
Madam President, governing is choosing between competing ideas for good with limited resources. And I am not against leaf collection. I am in favor of it. However, I think if we are going to ask for a new service to be provided that is not in the budget, we should say what it is that we are willing to give up for that service to take place. So, once again, I urge my colleagues to vote no.
Thank you. The Chair recognizes Councilwoman Tasco.
Next to driveways in my district, the next issue is trees. We have a driveway issue and we have a tree issue. They are important things to the people in the 9th Councilmanic District. Thank you.
Thank you. The Chair recognizes Councilman Jones.
I think Councilman Green is right. For every time we ask for a service, we should be willing to cut something. I'm willing to cut the Phillies parade right now in order for leaves to be picked up. Thank you, Madam President. (Laughter.)
If I thought there was going to be a Phillies parade, I might not have introduced this resolution. But, again, I thank everyone for their support that did support this and speak on it. I move for the adoption of this resolution, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
Councilman Green is voting no. Councilman DiCicco is voting no. Therefore, the resolution is adopted. The next order of business is reports from committees, and the Chair recognizes Councilman Kenney for a report from the Committee on Rules.
The Committee on Rules reports seven bills with favorable recommendations.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 080130, entitled, "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Chapter 14-300, entitled 'Commercial Districts,' by adopting a new Section, 'Transit-Oriented Development District'"; and Bill No. 090071, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Chapter 14-1600, entitled 'Miscellaneous,' by adopting a new Section, entitled 'Overbrook Farms Transit-Oriented Center Special District Controls'"; and Bill No. 090578, entitled "An ordinance amending Section 14-1637 of The Philadelphia Code, entitled 'City Avenue Regional Center and City Avenue Village Center Special District Controls,' including by making changes relating to minimum spacing and buffer areas"; and Bill No. 090582, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Eighth Street, Filbert Street, Ninth Street and Market Street"; and 090584, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 12th Street, Catharine Street, Fawn Street, and Clymer Street"; and Bill No. 090585, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 12th Street, Spruce Street, Camac Street and Manning Street"; and Bill No. 090667, entitled "An ordinance amending Chapter 14-1600 of The Philadelphia Code, entitled 'Miscellaneous,' by repealing Section 14-1626, entitled 'Demolition Moratorium in Old City,' and Section 14-1628, entitled 'Demolition Moratorium in Queen Village,' and enacting a new Section 14-1626, entitled 'Demolition Moratorium Districts,'" respectfully reports it has same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Kenney.
I move the rules of Council be suspended to permit first reading this day of the bills just reported from committee, with the exception of Bill No. 090667. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 090667 will be placed on our First Reading Calendar for our next session of Council. The Chair 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 13 bills out with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Streets and Services, to which was referred Bill No. 090573, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 42 by placing on the City Plan a right-of-way for drainage purposes 33rd Street to 32nd Street northeast of South Street"; and Bill No. 090574, entitled "An ordinance amending Section 2 of an ordinance, Bill No. 070504, approved July 3, 2007, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 197 by striking from the City Plan and vacating the legally open portions of Casper Street from Tioga Street to Russell Street"; and Bill No. 090575, entitled, "An ordinance authorizing the vacating of Edom Street from Arendell Avenue to Linden Avenue"; and Bill No. 090589, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 118 by striking from the City Plan the southerly twenty-foot-wide portion of Diamond Street from Tenth Street to Alder Street"; and Bill No. 090668, entitled "An of lines and grades on a portion of City Plan No. 271 by placing on the City Plan a cut-back area at the northwest corner of Second Street and Germantown Avenue"; and Bill No. 090691, entitled "An ordinance amending Section 9-605 of The Philadelphia Code, entitled 'Towing,' and Section 12-2405, entitled 'Removal or Immobilization of Parked Vehicles; Notice,' to prohibit the towing of vehicles identified as reported stolen unless an attempt has been made by the Police to give the vehicle owner an opportunity to recover the vehicle"; and Bill No. 090702, entitled "An ordinance granting permission to the Trustees of the University of Pennsylvania, University of Pennsylvania Health System, 3624 Market Street, for the installation of information signs and planters on the public sidewalk located on the 3400 block of Civic Center Boulevard"; and Bill No. 090703, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers' Markets,' by adding as a permissible location the west side of Wadsworth Avenue between Bayard Street and Pickering Street"; and Bill No. 090709, entitled "An ordinance authorizing Frank and Ritamarie Olivieri, owners of the property Pat's King of Steaks, 901 through 03 Wharton Street, to legalize various existing sidewalk encroachments"; and Bill No. 090710, entitled "An ordinance authorizing John Kile to construct, own and maintain an open-air sidewalk cafe at 2448 East Huntingdon Street"; and Bill No. 090711, entitled "An ordinance authorizing Mick Hally to construct, own and maintain an open-air sidewalk cafe at 1148 through 1150 South 11th Street"; and 090712, entitled "An ordinance amending Section 9-211 of The Philadelphia Code, entitled 'Boxes for the Distribution of News and Printed Material,' by amending certain specifications for publishers' boxes, increasing licensing fees, amending permissible locations and increasing fines"; and Bill No. 090714, entitled "An ordinance amending Section 9-605 of The Philadelphia Code, entitled 'Towing,' and Chapter 12-2400 of The Philadelphia Code, entitled 'Towing and Immobilizing of Parked or Abandoned Vehicles,' by reducing the amount towing companies can charge owners of recovered stolen or illegally used vehicles," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of all the bills that have been read into the record, with the exception of Bill No. 090691. (Duly seconded.)
Thank you. 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 those in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 090691 will First Reading Calendar for our next session of Council. The Chair now recognizes Councilman Goode for a report from the Committee on Commerce and Economic Development.
Thank you, Madam President. The Committee on Commerce and Economic Development reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Commerce and Economic Development, to which was referred Bill No. 090671, entitled "An ordinance amending Section 17-109 of The Philadelphia Code, entitled 'Local Bidding Preferences,' by providing for a local bidding preference for contracts funded by certain federal stimulus moneys"; and 090672, entitled "An ordinance amending Section 17-1600 of The Philadelphia Code, entitled 'Economic Opportunity Plans,' by providing that Economic Opportunity Plans be included on all development projects or contracts bid pursuant to federal stimulus funds allocated to the City of Philadelphia pursuant to the American Recovery and Reinvestment Act," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I move the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee, with the exception of Bill No. 090671. (Duly seconded.)
Thank you. 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 those in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 090671 will be placed on our First Reading Calendar for our next session of Council. Council will now proceed under a special order of business, a resolution re-calling Bill No. 090660. The Chair at this time recognizes Councilman Clarke.
Thank you, President. Madam President, I offer one resolution, and because this resolution was not circulated yesterday, I move that the rules of Council be suspended to permit consideration of the resolution at this time. (Duly seconded.)
I do believe that the resolution was circulated in the Caucus Room.
Thank you. It has been moved and seconded that the rules of Council be suspended to permit consideration of Councilman Clarke's resolution at this time. All in favor will signify by saying aye. (Aye.)
The ayes have it, and, again, I would ask the Chief Clerk to please read the title of resolution. (Pause.) (Discussion off the record.)
All right. The Chief Clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 090660, entitled "An ordinance amending Section 9-1103 of The Philadelphia Code, entitled 'Unlawful Employment Practices,' and enacting a new Chapter 9-3200, entitled 'Entitlement to Leave Due to Domestic or Sexual Violence,' to provide that certain employees may take unpaid leave from work to address domestic or sexual violence," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I'm offering this resolution on behalf of Councilman Bill Greenlee. Unfortunately, the level of intrigue that has built up over the last ten minutes does not match the level of controversy associated with this particular amendment. Actually, this is a technical amendment for the record. With that, I move for the adoption of the resolution. (Duly seconded.)
All in favor please indicate by saying aye. (Aye.)
The ayes have it and the resolution has been adopted. The Chief Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am returning herewith, as requested by your resolution adopted November 5, 2009, Bill No. 090660, entitled "An ordinance amending Section 9-1103 of The Philadelphia Code, entitled 'Unlawful Employment Practices,' and enacting a new Chapter 9-3200, entitled 'Entitlement to Leave Due to Domestic or Sexual Violence,'" for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
The Chair recognizes Councilman Clarke for a motion that Council reconsider the vote by which Bill No. 090660 was passed.
All in favor please signify by saying aye. (Aye.)
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 090660 was passed has been reconsidered. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I offer an amendment to Bill No. 090660. A copy of the amendment has been circulated to members of all Council. I move for the adoption of the amendment. (Duly seconded.)
It has been moved and properly seconded that the amendment to Bill No. 090660 be adopted. All in favor will please 11/5/09 - STATED - 1ST READING indicate by saying aye. (Aye.)
The ayes have it and Bill No. 090660 has been amended. This bill will be placed on the Second Reading and Final Passage Calendar for our next session of Council. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with a suspension of rules have been deemed to have had a first reading. The bills will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes the Chief Clerk to please read Bill No. 090568.
An ordinance amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by 11/5/09 - STATED - 2ND READING amending Subcode "PM" by requiring the periodic inspection of the exterior walls and appurtenances of certain buildings.
Thank you. This bill 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 on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Bill No. 090390 is being called up for Second Reading and Final Passage Calendar today. Bill No. 090581 is being called up for an amendment. All other bills are being held.
Thank you. I would ask the Chief Clerk to please read the title of Bill No. 090390.
An ordinance amending Chapter 16-400 of The 11/5/09 - STATED - 2ND READING Philadelphia Code, entitled "Vacant and Surplus Properties," by amending Section 16-404, entitled "The Vacant Property Review Committee."
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 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090581.
An ordinance amending Chapter 9-400 of The Philadelphia Code, entitled "Carriers," by adding a new Section 9-410, entitled "Pedicabs," to provide for the licensing and regulation of businesses operating Pedicabs for hire.
Thank you, Madam President. The amendment has been circulated, and I move that the bill be amended. 11/5/09 - STATED - 2ND READING (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, at this time I would like to introduce the ordinance.
An ordinance amending Section 17-109 of The Philadelphia Code, entitled "Local Bidding Preferences," by amending the process by which local bidding preferences are awarded, under certain terms and conditions.
The bill will be referred to the appropriate committee. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilman Green.
Thank you, Madam President. I just want to commend the Philadelphia Phillies for what they're doing -- for getting into the in a row. It hasn't happened since 1975 and '76, and I think that was the Reds. We should all be very proud of our team even though we're disappointed in the result. I'd also like to thank the Transport Workers Union and Willie Brown for recognizing that it would have been very bad for the City of Philadelphia to have had a transit strike during the World Series, and I thank them for holding it off, and I urge SEPTA and the union to resolve this as quickly as possible. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Jones.
Thank you, Madam President. June 22nd, 2009 two of Washington, DC's metro rails crashed, leaving nine people dead. Yesterday at approximately 7:00 a.m. SEPTA's R-5 train shortly after leaving the Overbrook Station. I live five blocks from that location and could see black clouds of smoke coming from there. In the face of some very difficult negotiations, I witnessed transportation workers and management work very professionally together to resolve a potentially catastrophe of the size we have never seen. I would like to commend Deputy Mayor Everett Gillison, Deputy Managing Director Mary Tierney from the Office of Emergency Management for the actions they took to divert that catastrophe. It was amazing to see over 500 commuters evacuated safely and in an orderly manner and then just watch the School District provide buses to get them out of harm's way. Everyone should be commended for a total team effort. The incident in Washington, DC was an unfortunate tragedy, and I am grateful that yesterday was not a repeat of that catastrophe. accidental based on probably some 1964-year built trains, and it says that we need to modernize our fleet, but I am glad that when all eyes were watching the drama between SEPTA and its union, that despite any of that, they handled this situation professionally. We often point out in this Council and in the media what goes wrong. We also need to point out when we get it right, and we need to commend the operators of that train for doing their jobs in a professional manner. Thank you, Madam President.
You're welcome. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. Over $400 billion are distributed annually to states and cities for the provision of services. The primary source, Madam President, for this the determination on that distribution is the census. On Tuesday, November 10th, Mayor Nutter and you, Madam President, serving as the Honorary Chair and members of this Council are invited to join Mayor Nutter Tuesday, the 10th at 11:30 a.m. for the kickoff of Philly Counts in the Mayor's Reception Room. Each one of us is being invited to serve on this Honorary Committee, as it will be important that we do all we can to ensure that every single citizen is counted in the upcoming 2010 census. I thank you, Madam President. We invite all members of Council to join you and the Mayor, again, on Tuesday, November 10th, 11:30 a.m. in the Mayor's Reception Room.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'd just like to thank all of the individuals who came out to vote on Election Day in spite of the obstacles that they woke up to that Tuesday morning. Many people exercised their right to vote and paid their civic dues on Tuesday. We have a lot of work to do to educate people about the importance of the DA's race and the Controller's race and certainly about the judicial races. The turnout was low. It might have been better had we not had the strike, but to those who came out, we appreciate it and I wanted to thank them. Thank you.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. We again, as we try to do, have the Prescription bus table in the hallway today. We also certainly thank those who have sent their condolences for the late Lester Brown, and as soon as Council is over, we will be leaving to attend his services. But we remind those who are able to this afternoon, we certainly invite you to have a little lunch if you're free, anywhere o'clock, o'clock at City Committee. And, again, we say thank you for your well wishes and prayers for his family during this time of sorrow. Thank you.
Thank you. The Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, November 19th, 2009, 10:00 a.m. (Duly seconded.)
Thank you. It has been moved and seconded that Council stand adjourned until Thursday, November 19th, 2009 at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:15 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 5, 2009, 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.)