COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, November 17, 2011 10:10 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 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 Bishop Mary Floyd Palmer of Samaritan Temple. She is here today as the guest of Councilwoman Blackwell. I would ask all members and guests to please rise. (Members and guests rise.)
I'm excited this morning to be able to give the invocation and was dubiously told to let you all know that I bring you greetings from my father and he wishes his blessings as well, Reverend Dr. Melvin Floyd, and we are happy to be representing and give the prayer for City we bow our heads. Oh God, our help in ages past, our hope for years to come, a shelter from the stormy blast and our eternal home. God, our creator, Jesus, our Redeemer, the Holy Ghost, our keeper, we are grateful to be alive today to even come into this place. Now we ask, God, that you will touch each Councilmember, each elected official and those that are assisting them in their daily duties. We ask that you will pour into them wisdom as they make decisions that will impact not only decisionry, but the spirit of this great city. We thank you for them and for what they plan to bring, but, more importantly, we thank you for allowing them to be able to serve. Now we ask that the proceedings today will be done decently and in order, and at the end of the day, we'll be able thank you, God, in this festive season of holiday cheer. Touch each one, and we will be able to give you the glory, the honor and the praise. And it's in your name, Jesus, we do pray. Amen. (Amen.)
The Chair thanks the Bishop for her invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, November 3rd, 2011. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, November the 3rd be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, November 3rd, 2011 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 Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, a leave of absence is requested by Councilwoman Maria Quinones-Sanchez.
The Chair thanks the Councilwoman. Leave will be granted. The Chair recognizes Councilman
Madam President, on behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. The Chair now recognizes Councilwoman Miller, who will present a resolution proclaiming November 2011 as American Diabetes Month. Would Ms. Renee Cozart and those accompanying her please join the Councilwoman at the podium. I see that Councilwoman Miller is being accompanied by Councilwoman Councilwoman Miller.
Thank you. Thank you, Madam President. Proclaiming November 2011 as "American Diabetes Month." The City Council of Philadelphia designates the month of November 2011 as "American Diabetes Month" in Philadelphia and reminds Philadelphians that there are steps that they can take to reduce the risk of becoming diabetic. Whereas, the number of individuals with diabetes continues to rise, making the disease a serious and expensive health problem in Philadelphia; and Whereas, studies show many cases of diabetes can be delayed or prevented if people adopt some basic healthy behaviors; and Whereas, we want every risk factors, the impacts on their health and how the disease can be managed; and Whereas, diabetes is a chronic disease that occurs when a person's pancreas does not produce or stops producing insulin (Type diabetic), or is not producing enough insulin and/or the body cannot use it (Type diabetes); and Whereas, although the causes of diabetes are not certain, genetics and life-style factors such as obesity and a lack of physical activity are related to its development; and Whereas, diabetes affects 24 million people in the United States, including nearly 800,000 in Pennsylvania; and Whereas, new federal data shows a 90 percent increase in the number of diabetic cases reported nationally over the past decade; and
Whereas, key contributor to rising health care costs. According to a recent report by the American Diabetes Association, diabetes cost $174 billion nationally in 2007 in direct costs and productivity losses, up from $132 billion the previous year; and Whereas, the Pennsylvania Diabetes Action Partnership, convened by the Pennsylvania Department of Health, focuses on increasing the quality of life for individuals with diabetes and preventing its onset by working through a partnership of more than 300 organizations and individuals across the state to implement the objectives of the statewide Pennsylvania Diabetes Action Plan; and Therefore, in order to work toward achieving this goal here in Philadelphia, we do hereby declare the month of November as "American Diabetes Month" and remind Philadelphians that there are steps that they can take to becoming diabetic; and
Be it resolved, by the City Council of Philadelphia, that the month of November 2011 be declared "American Diabetes Month" in Philadelphia; and Further resolved, that an engrossed copy of this resolution be presented to the American Diabetic Association as further evidencing the sincere admiration and gratitude of this legislative body. Thank you. (Applause.)
We're so grateful to this body for understanding and recognizing the emotional, physical and financial toll of diabetes. We appreciate your support and your continued leadership in helping us find ways for cures and for prevention. Thank you so much. (Applause.)
Council will be at ease. (Council at ease.) (Audience members yelling.) (Pause.)
At this time, the Chair recognizes Councilwoman Tasco, who will present a resolution -(Audience members yelling.)
Just a moment, please. (Audience members yelling.)
Excuse me, please. Excuse me. Please. (Audience members yelling.) (Pause.)
Madam President, I'd like -(Audience members yelling.)
Just moment, please. (Audience members yelling.)
Councilwoman Miller, I know you have to leave. (Audience members yelling.)
I'd like to be excused to attend important business, and I'll be voting aye on all bills and resolutions.
Thank you. Leave will be granted. (Audience members yelling.) (Pause.)
We're back into business. The Chair recognizes Councilwoman Tasco, who will present a resolution naming the 2000 block of East Tulpehocken Street as Reverend Joseph C. Jayne Aiken, Bishop Pastor Kevin Aiken and Pastor Carlton Aiken, Sr. and those accompanying them please join the Councilwoman at the podium. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. This morning we're here to honor the Upper Room Baptist Church, which is in the 9th District, and I have a great affinity and love for that church. It's where I made my first announcement when I ran for Council back in 1987, with Bishop Joseph Aiken being a strong supporter and a friend and a great leader in the West Oak Lane area, but his power and love and work extended throughout the City and these United States. So I am here this morning presenting this resolution naming the 2000 block of East Tulpehocken Street as "Joseph C. Aiken, Sr. " Whereas, born on July 11th, 1936 in Wilberforce, Ohio, where his father attended college, Bishop Joseph C. Aiken, Sr. was the son of the late Reverend George D. Aiken and Lessie E. S. , and currently served as State Director of Home Ministries for the Pennsylvania Baptist State Convention; and Whereas, Bishop Aiken was recipient of numerous awards and acknowledgments from several entities, including the key to the City of Chester, Martin Luther King Major Drum Award, as well as citations from former Governor Ed Rendell, various Philadelphia Mayors and City Council; and Whereas, Bishop Aiken had a heart for the people of Philadelphia and poured out his life trying to help others, and he was a man with endless contacts who helped call -- who people called because they knew he could make it happen. Whether it was dealing with property, purchasing a car or just advice, he would find a way to help those could not do it himself, he knew someone who could. And in addition to his love for the people, he also had a love for barbecue, known notably for his delicious ribs, and, finally, he had a real zest for life, a love for the people that was felt by all who knew him; and Whereas, a short time ago, Bishop Aiken's health declined, but in illness, his fighting spirit emerged and he continued to defy the odds and move forward, attending church regularly and celebrating 46 years of ministry and the 36th anniversary of the Upper Room Missionary Baptist Church on June 12th, 2011, exactly 36 years from the day the church was organized, and after a job well done, Bishop Joseph Aiken, Sr. ) sister (Marian Garfield), brother (Gilbert), sisters-in-law (Deborah Aiken, Linda Spencer, Catherine Chase, Mary McCants) -- I'm sorry; (Linda Spencer, Agnes Tyndall), brothers-in-law (Robert A. , Adgar M. Hill, Donald Hill) aunts (Catherine Chase and Mary McCants), five God daughters (Sabriya Jubilee, Naya McCrae, Kimberly Clinkscale, Marieke Neal and Leah Finklea), and a host of grandchildren and great-grandchildren. Resolved, by the Council of the City of Philadelphia, that we hereby honor Bishop Joseph C. Aiken, Sr. by naming the 2000 block of East Tulpehocken Street as "Joseph C. Aiken, Sr. " Further resolved, that an engrossed copy of this resolution be the Aiken family as evidence of the sincere sentiment of this legislative body. This was introduced by Marian Tasco, his friend and someone who loved to hear him sing and spent many times in his church, and supported by all members of City Council. Thank you so much. )
I thank God, first of all, for this day. I thank God for President Verna, to Councilmembers and especially Bishop's friend, Councilwoman Tasco, and her office staff. This is a blessed day for all of us and for our family, and one of the things that I do want to say that Bishop spent -- many times he was here. When I heard the prayer going forward, I remember many times during different Administrations that he came down and he offered prayer for City Council. And so I just thank of his service that he has shared along with the City of Philadelphia. And with that being said, I just want to thank God for his life. I want to thank God because of the person that he was, a father, a friend and pastor who loved the people of God and was committed to the service of God. And we have come today, all of us here, to say thank you for this indelible tribute recognizing his contributions to the City of Philadelphia, state and abroad, but, most importantly, his work in the West Oak Lane area and how he changed the dynamics of Ogontz Avenue. And one of the things that I wanted to say, because I know that time is of the essence, that what he did on that corner when we first came here, you would find him standing on the corner and, of course, the building was a pornographic theatre that we changed for a house of God, and the marquee was there on the corner and he would look up, and he'd look up, and he'd look up until somebody would say, What are you looking at? And, of course, that was his time to share the word of God with them and to let them know that we were in the area to make a change. And so I thank God for him doing that. And, of course, there are many things that I could say, but you heard the resolution and all the things that was said about Bishop, and so what I'm going to do now is, I'm going to have our son, Pastor Kevin M. Aiken, to come and have words from the Heart of Worship Baptist Church and also our son, who is now the Pastor of Upper Room Missionary Baptist Church, Pastor Carlton Aiken. And I also want to, before they come, introduce some of Bishop's colleagues that are here and friends and well-wishers, and I thank God for them, and I would be remiss not to even mention them, because they're here because of that he has done and what he has shared with the Philadelphia area. I have Reverend Fuller, who is his long-time friend, and cousin, Cousin Joe. And we have his friend, Duckie Birts, who is here, and we have Steve Pena, who has come to share. We have Dr. Campbell, his long-time friend for 50 years or more, and we also have Pastor Paul from Piney Grove and we have some of his members here, Brother Rollie that is here. And we have Deacon -- one of the laymen from the Pennsylvania Baptist State, and we also have -- I don't want to miss anybody. We have our son. He's going to talk. And then my son here. And I have our daughter, Karen. And we have some members from Upper Room. And I have my one and only son-in-law who is here. And see, we wear the shirts. I'm going to stand here. I memorialized Bishop on Sunday and we all had shirts. -- so he's still here with us in spirit as well as you can see his face. So those of you who may not have known him, this is Bishop. All right? And so we have Sister Jessie here, and this is one of our missionaries that's here, Sister Annie. And we have his pastor's aide back here, Sister Doris. And I think -- and, most importantly, his brother, excuse me, right here. His sister is here, Marian. She's here. And our daughter, Gail, she's here. And my niece here and my God daughter. And I think -- I don't want to miss anybody. I said my daughter. And I pray I got everybody, because I don't want anybody to say I didn't forget them. Did I forget anybody? Help me. All right.
Thank you so much. And, again, Marian Tasco, I love you. Thank you so much, and I thank City Council, because they didn't have to do that, but they saw something as well and But, most importantly, God said yes. And so I thank you. I thank you. President Verna, thank you.
And now our sons are going to speak, Pastor Kevin and then Pastor Carlton.
To the Council at-large, to members that are here, to our family, one thing I have to say, and I will make it brief, I'm reminded of an iconic individual by the name of Constantine, who in 325 they had a Council called the Nicene Council, and there at that Council because of his stance being a christian, he brought together the church and the state, and that unified it and that called that Christendom. my father by way of a street, who is bringing together this Council, the church and the state that he is still doing the work of the church. I want to thank City Council as well as Marian Tasco, who is doing a great job in the area, and to our family. My father would say that if I can help somebody as I passed, then my living should not be in vain. I want to say that my father's life is not in vain, for I am a recipient of a third-generation pastor, a legacy that is left to impact the community of bringing together the church and the state. I say thank you today. (Applause.)
First, just thanking God. Also thanking all Councilpersons, Marian Tasco, to all of those that are witnessing this day. I'm emotionally filled with understanding that I have the task of carrying out my Room Missionary Baptist Church as the pastor and one that he has done so well. Big shoes to fill, but I just have to say thank you to God for allowing this opportunity for me to carry out the legacy, but also thank you to my family, thank you to Upper Room Missionary Baptist Church family, who supported him through all of the 36 years and beyond. And I just bless God for again for this opportunity to say thank you and to stand before you and to uphold that corner, not only that corner but going beyond those walls, going beyond that corner and impacting the City of Philadelphia in such a positive way where we can help somebody along the way. Thank you. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
The 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, I am pleased to advise you that on November 14, 2011, I signed all of the bills that were passed by Council at its session on November 3, 2011, and that on November 14, 2011, I signed the remaining bills that were passed by Council at its session on October 27, 2011; and I am transmitting herewith for the introduction and consideration of your honorable body two resolutions reappointing current members to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion; namely, Matthew Schure and Bernie Prazenica; and members to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion; namely, John Smithson and Jeffrey B. Goldstone; and I am transmitting an ordinance repealing Title 14 of The Philadelphia Code, entitled "Zoning and Planning," and replacing it with a new Title 14 of The Philadelphia Code, entitled "Zoning and Planning"; and Also an ordinance authorizing the Procurement Commissioner and the Free Library of Philadelphia, on behalf of the City, to enter into a sublease agreement for the leasing of personal computers and associated equipment; and An ordinance amending the ordinance approved July 12, 1968, as last amended July 1, 2004, relating to pension benefits for employees working on behalf of the Philadelphia Gas Works by revising the Philadelphia Gas Works Pension Plan; the Commissioner of Public Property to acquire certain land located generally along the east bank of the Schuylkill River between Sears Street and South 34th Street; and An ordinance authorizing the Commissioner of Public Property to acquire certain properties on the 1300-block of South Capitol Street, and on the 2000-block of Reed Street, and to enter into a multi-year redevelopment agreement with the Redevelopment Authority; and An ordinance authorizing the Commissioner of Public Property to accept title to all that lot or certain piece of ground with the buildings and improvements, if any, thereon erected located the 4810 North 7th Street; and An ordinance authorizing real estate transactions necessary to permit the City of Philadelphia to acquire by the Philadelphia International Airport; and An ordinance amending Title 14 of The Philadelphia Code, Subcode "A" (The Philadelphia Administrative Code) to make certain technical amendments to further provide for penalties and to transfer the current schedule of fees relating to zoning matters from the Zoning Code to the Administrative Code and to revise such schedule; and An ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," to expand the scope of "Plan '10 "and "DC Plan" to cover additional employees pursuant to an arbitration decision, and to make technical amendments, 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
Thank you. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have to leave. I have Council business, a few businesses that I have to take care of today. Therefore, I would like to be requested as voting aye on all bills and resolutions.
And I would like the record to reflect that earlier when we had visitors here and couldn't be heard, Councilwoman Miller had asked for a leave of absence and she also wanted to be recorded as voting aye on all bills and resolutions. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
Thank you, Madam Chair. I offer four bills, three on my behalf and one on behalf of Councilwoman Reynolds Brown and myself.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by amending Section 9-1004, entitled "Contractors," by requiring that certain information be reported to the Department of Licenses and Inspections for certain construction projects.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," by further providing with respect to valet parking permit fees; and by authorizing the establishment of hotel loading zones and providing for penalties for illegally parking in such zones.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 12-2900 of The Philadelphia Code, entitled "Contractor Parking," by renaming said Chapter "Special Purpose Parking"; and by providing for parking permits for specified purposes in addition to contractor parking.
This bill will be referred to the appropriate committee.
And an ordinance amending Subcode "A" (The Philadelphia Administrative Code) of Title 4 of The Philadelphia Code by providing for the manner of payment of building permit fees when a solar electric and photovoltaic system is installed.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I have three bills for the Administration, five bills for you and one resolution, and two bills for Councilwoman Sanchez.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending the ordinance approved July 12, 1968, as last amended July 1, 2004, relating to pension benefits for employees working on behalf of the Philadelphia Gas Works.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to accept title to all that lot or certain piece of ground with the buildings and improvements, if any, thereon erected located at 4810 North 7th Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Procurement Commissioner and the Free Library of Philadelphia to enter into a sublease agreement for the leasing of personal computers and associated equipment.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 9-1300 of The Philadelphia Code, entitled "Home Inspection Business," by changing the title to "Inspection Businesses."
The bill will be referred to the appropriate committee.
And an ordinance adding Sections 9-1005, entitled "Fire Suppression System Contractors," and 9-1006, entitled "Electrical Contractors," to Chapter 9-1000 of The Philadelphia Code, entitled "Trades."
This bill will also be referred to the appropriate committee.
And an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by further providing with respect to conditional zoning approvals.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," to expand the scope of "Plan '10" and "DC Plan" to cover additional employees.
The bill will be referred to the appropriate committee.
And an ordinance authorizing real estate transactions necessary to permit the City of Philadelphia to acquire property needed for use by the Philadelphia International Airport.
This bill will also be referred to the appropriate committee.
An ordinance authorizing the Commissioner of Public Property to acquire certain properties on the 1300-block of South Capitol Street, and on the 2000-block of Reed Street, and to enter into a multi-year redevelopment agreement with the Redevelopment Authority.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to acquire certain land located generally along the east bank of the Schuylkill River between Sears Street and South 34th Street.
This bill will be referred to the appropriate committee.
And 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 with the buildings and improvements thereon, situate in the Thirty-Sixth Ward of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Green.
Thank you, Madam President. I offer one bill and one resolution on behalf of Councilwoman Sanchez.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing Margaret Vann, owner of Rainbow Learning Center, 750 East Erie Avenue, to construct, own and maintain an encroachment of a fenced in play area located at 750 East Erie Avenue.
The bill will be referred to the appropriate committee.
And 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 with the buildings and improvements thereon, situate in the Seventh, Eighteenth and Nineteenth Wards of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Jones.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution appointing John Smithson to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution reappointing Bernie Prazenica to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion.
This resolution will also be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution reappointing Matthew Schure to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution appointing Jeffrey B. Goldstone to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Brown.
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 Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by further providing conditions under which an employee or any designated beneficiary may be disqualified from receiving any retirement or other benefit or payment.
The bill will be referred to the appropriate committee.
And a resolution supporting House Bills 1876 and 1990 which seek to strengthen the Commonwealth of Pennsylvania's abuse reporting law by requiring those who are aware of sexual offenses and abuse to report it to law enforcement.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution honoring and congratulating The Kimmel Center for the Performing Arts on its Tenth Anniversary.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer five bills and two resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance repealing an ordinance (Bill No. 110083), entitled "An ordinance amending Section 14-1607 of The Philadelphia Code, entitled 'Special District Controls for the Center City Commercial Area,' and Section 14-1605 of The Philadelphia Code, entitled 'Regulated Uses,' by adding to all Sections special provisions relating to the area bounded by Chestnut Street, 12th Street, 13th Street, and Sansom Street."
The bill will be referred to the appropriate committee.
And an ordinance authorizing The Bruce Lloyd Trust, Andrew M. Ullman, Trustee and Sandra Schwalb, owners of the property located at 200 Market Street, to legalize, own and maintain an existing raised platform encroachment.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 4 of The Philadelphia Code, Subcode "A," The Philadelphia Administrative Code, to make certain technical amendments, to further provide for penalties, and to transfer the current schedule of fees relating to zoning matters from the Zoning Code to the Administrative Code.
This bill will also be referred to the appropriate committee.
And an ordinance amending Title 9 of The Philadelphia Code, "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 an ordinance repealing Title 14 of The Philadelphia Code, entitled "Zoning and Planning," and replacing it with a new Title 14 of The Philadelphia Code, entitled "Zoning and Planning."
This bill will also be referred to the appropriate committee.
And 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 with the buildings and improvements thereon, situate in the Fifth Ward of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution authorizing the Philadelphia City Planning Commission to take such action as may be necessary to effectuate the removal of deed restrictions with regard to the property located at 1001 through 29 South Broad Street, 1223 through 45 Washington Avenue, 1301 through 33 Washington Avenue and 1300 through 42 Carpenter Street, also known as Broad Street and Washington Avenue.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman O'Neill.
Thank you. The Chief Clerk will please read the title.
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, by allowing for the construction of a building addition to be used for emergency and outpatient services.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 16-200 of The Philadelphia Code, entitled "Sales, Leases, and Other Grants of City-Owned Buildings and Facilities," to require that notice of the pending transfer of City-owned lands and lands owned by certain quasi-public agencies be posted on such lands prior to their transfer.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Alan Krawitz, owner and operator of Say Cheese truck, located on the east side of West Norris Street between North 12th Street and North 13th Street.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilman Kenney -- is he in the room? The Chair recognizes - Greenlee, are you going to report committee for Councilwoman Krajewski?
I was not given that, Madam President. I have my own Law and Government, but I don't have Councilwoman Krajewski's.
All right. The Chair recognizes Councilman Clarke for a report from the Committee on Appropriations.
Thank you, Madam President. Madam President, the Committee on Appropriations reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President Council of the City of Philadelphia, the Committee on Appropriations, to which was referred Bill No. 110782, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2011 within the General Fund from certain or all City offices, departments, boards and commissions"; and Also Bill No. 110783, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2011 within the Water Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Madam President, I move that the rules of Council be suspended so as to permit of Bill Nos. 110782 and 110783. (Duly seconded.)
It has been moved and 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. The Chair recognizes Councilman Kenney for a report on the Committee on Rules.
Thank you, Madam President. The Committee on Rules reports favorably six bills out of
Thank you. The Chief Clerk will please read the report.
The Committee on Rules, to which was referred Bill No. 110662, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Chapter 14-1631, entitled 'Lower and Central Germantown Special District Controls,' to further define the Prohibited Uses"; and Bill No. 110672, entitled "An ordinance repealing an ordinance (Bill No. 110185), entitled 'An ordinance amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Richmond Street, Cumberland Street, Beach Street, and Schirra Drive"; and Bill No. 110717, entitled "An 14 of The Philadelphia Code, relating to 'Zoning and Planning,' by amending Chapter 14-400, entitled 'Commercial Entertainment District,' by amending certain provisions of Section 14-406 concerning structures permitted in setback, Section 14-408 concerning parking requirements and parking lots, and Section 14-409 concerning off-street loading"; and Bill No. 110718, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 146 and 271 by relocating the northwesterly and southeasterly curblines of North Delaware Avenue, from Frankford Avenue to Marlborough Street"; and Bill No. 110719, 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 the southeasterly side of North Delaware Avenue, the centerline of former Shackamaxon Street, the Pierhead Line of the Delaware River and a line approximately parallel to the centerline of former Shackamaxon Street"; and Bill No. 110756, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' by adding a new Chapter, entitled 'Agents and Sheriff's Sales,' specifying conditions under which any person may assist or act on behalf of another person in connection with the recovery of surplus funds due the owner upon completion of a Sheriff's sale of such owner's property; all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Madam President. I move that 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. 110672. (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, with the exception of Bill No. 110672. 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. 110672 will First Reading Calendar for our next session of Council. The Chair recognizes Councilman Greenlee for a report from the Committee on Law and Government.
Thank you, Madam President. The Committee on Law and Government reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Law and Government, to which was referred Bill No. 110057, entitled "An ordinance amending Title 17 of The Philadelphia Code, entitled 'Contracts and Procurement,' to provide that certain City contractors must offer the same benefits to the life partners of their employees as are offered to the spouses of married employees"; and Bill No. 110757, entitled "An 12-2800 of The Philadelphia Code, entitled 'Administrative Adjudication of Parking Violations,' by providing that additional fees and costs shall be imposed for failure to answer a parking ticket only when a notice of violation, issued with respect to such ticket, has not been answered within a specified period of time, increasing certain penalties and costs, revising the time period required to answer a parking ticket and making certain technical changes, all under certain terms and conditions," 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 Greenlee.
Thank you, Madam President. I move that the suspended so as to permit first reading this day of Bill Nos. 110057 and 110757. (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 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. The next order of business is the consideration of the Calendar. I 11/17/11-STATED-1ST READING/BILLS ON 2ND READING note that the bills just reported from committee with suspension of rules have been deemed to have had a first reading. These bills will be placed on the Second Reading and Final Passage Calendar for our next session of Council. As there are no additional bills on the First Reading, the Chair recognizes Councilwoman Tasco for the purpose of calling up bills and resolutions on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. The following resolutions and bills are being called up from the Second Reading and Final Passage Calendars today: Nos. 110799, 110800, 110801, 110802, 110803, 110804, 110805, 110806, 110807, 110808, 110518-A, 110631, 110659, 110666, 110667, 110668, 110661, 110341, 110670 and 110517. All other bills and resolutions are being held.
Thank you. Before considering these bills and resolutions, we will consider public comment as follows: Your public comment must concern matters on the Second Reading and Final Passage Calendar for possible action at today's Council session. All speakers must sign up in order to testify. If you have not already signed up for today's session, please do so now by giving your name to the Sergeant-At-Arms at the table to my left. You will be called in the order in which your name appears on the sign-up sheet. You will have up to three minutes to speak. I would ask the Chief Clerk at this time to please read the name of our first speaker.
Richard Thom, commenting on 110563. (Witness approached podium.)
Good morning. Welcome. COUNCILMAN DiCICCO: Madam President, point of order. That bill is being held.
It is being held. Do you want to testify today or when it comes up?
I would like to have an opportunity to testify at a later hearing.
All right. Richard Thom, Chair of the Developments Committee, Old City Civic Association. Representing the Association, we are in opposition to Bill 110563, as we have been for the last 30 years opposed to non-accessory outdoor advertising in and around the historic district. The sign will be within visibility of many of the historic sites in Old City and, therefore, we are in full opposition. More importantly, we consider this bill to be an affront to the four-year process of creating the new Zoning Code. This bill attempts to spot rezone a portion of the former Callowhill Industrial District allowing an oversized 10,000 square foot building wrap. This bill was not introduced with our advanced knowledge. We were not aware it was coming into Council. We have since opposed it, along with other organizations citywide. We feel, though, that this process is one that is not the intent of Council. Council, in creating the new Zoning Code Commission, asked for a transparent and open zoning process. What has gone on here is a bill specifically oriented at one building owner, one developer and to his private benefit. This is not how the Zoning Code Commission wanted this process to happen in the future. We need an open zoning review and control process, not one created by individual ordinance by this Council. Thank you.
Andrea Lemoins, commenting on 110341. (Witness approached podium.)
Good morning. My name is Andrea Lemoins. I'm the Co-Coordinator of the Restaurant Opportunities Center of Philadelphia. We are a non-profit focused on creating a more sustainable and just restaurant industry. I am here today in support of Councilman Kenney's gratuities tip protection bill, Bill No. 110341. This bill will make it illegal for a business to pass credit card usage fees onto their employees by taking it out of their tips. What many employers are doing is the same thing as if I walked by a table, picked up the tip left for a server and use it to pay for my dinner. It's wage theft, plain and simple. This bill has the potential to change the lives of tens of thousands of Philadelphians working low-wage jobs in the service industry. From restaurant servers to taxi drivers to spa workers, this bill could greatly increase their take-home pay. In the last few weeks, more and more restaurant workers have approached our organization saying that this type of wage theft happens to them at their place of employment. We now know that this issue is much more widespread than we previously had thought. I had the pleasure of speaking to three servers who work at two of the top restaurants in Philadelphia. They each stated that they lose about $30 to $50 a week in credit card fees and especially they fear the American Express credit card, which has the highest credit card fee of all, and that this credit card is used by 70 percent of their customers. This is money they could use to go towards student loans or pay for health insurance. According to the National Restaurant Association, the food service industry is the fastest growing private-sector industry in the country. The overall economic impact of the restaurant industry is expected to be over 1.7 trillion, with a T, dollars in 2011, and the industry is expected to employ 12.8 million people in 2011 and expect to employ an additional 3.1 million more people in the next decade. Do not doubt that the food industry is a dominating economic force in our country and in our city. However, with all of this money in power, most food service jobs are low-wage jobs with little or no benefits. The average server in Philadelphia makes only 14,000 a year, even though our state has a credit law, has a tip credit law, which requires an employer to ensure that workers are paid at or within 50 cents of minimum wage if they do not receive adequate amount in tips. Most restaurant workers have never heard of this law and have never been paid the difference. According to a recent summary compiled by the Bureau of Labor Statistics, the food preparation and food service jobs represent half of the lowest paid jobs in our country. With all this said, wage theft is one of the biggest problems faced by restaurant workers nationwide. Currently, about half of the restaurants practicing this type of wage theft in Philadelphia belong to one of the most powerful restauranteurs in our city. What workers are worried about is this: If the most powerful restaurateur in Philadelphia can steal their wages and get away with it, what's to stop this practice from becoming more widespread? We are aware that this bill will not impact the majority of restaurant owners in our city. If anything, it will create a fair playing field for those who respect their workers and their right to fair pay. About a month ago, Councilman Goode said this: We should not have to choose between being pro worker and being pro business. It's a false choice. I agree and hope that City Councilmembers agree today, too. Thank you.
Mary Tracy, commenting on 110563. (Witness approached podium.)
-- Council President and members of Council. I'm here to comment on the bill that would allow a billboard, huge wall wrap, on Callowhill. Since we only have three minutes, I have -- and I hope with your permission, Council President, I would like to just distribute a new study that's come out just in the last few weeks showing that homes and other real estate properties that are located within 500 feet of billboards sell for over $30,000 less, approximately $30,859, and that the homes that are in and the real estate properties within the same census tract, for every billboard that's there, the homes are worth a thousand dollars less. So I think if we want to think about ways to make our City more prosperous and to help those people who live in neighborhoods where there's so much great development going on, we really need to think about adding billboards to the mix. Also in this packet you will find a letter from the United States Department of Interior, Cynthia MacLeod, basically pointing out that the very place where this district will be will have tremendous negative impact on several important national landmark properties, and she strongly encourages this Council not to pass this bill. And, finally, despite the laws that we have since 1988 protecting this corridor through the Parkway bill and 1991 laws that made it much stricter on billboards, this bill also violates the Highway Beautification Act, and with that violation comes a penalty of 10 percent loss of our federal highway funds. I know that other cities that are now grappling with having to compliance with this law have a lot more expense trying to get these signs down and litigating, and I know this particular property owner after ten years of litigation trying to get around our own current laws, that we're really saddling taxpayers with a long, drawn-out history of more litigation. So I strongly urge you to think very carefully before passage of this bill. And I also -- I know we've been having a lot of problems with the Internet communications with a lot of our taxpayers and citizens in Philadelphia, and so I just brought one copy of all the letters that have been sent in the last several days. There's about 300-and-some letters in here from citizens in Philadelphia. I know you haven't heard from that yet -- from these folks yet because of this problem, and we're trying to rectify it, but please know that when given the choice, citizens choose beauty over blight, and going forward, wrapping our buildings with advertising wall wraps only benefits the property owner. Thank you very much.
Thank you. Thank you very much. Stephanie Kindt, commenting on 110563. (Witness approached podium.)
With Council's permission, can I defer my three minutes to Mary Tracy?
With Council's permission, can I defer my three minutes to Mary Tracy?
I think the rule is three minutes for each speaker. Mary has had her three minutes. So I would ask you, Stephanie, if you want to be recognized, please proceed.
Lorna Lawson, commenting on 110563. (Witness approached podium.)
I'd like to introduce myself as a long-time resident of the City and a business owner and an activist with Society Hill Civic Association, largely in zoning and historic preservation issues. I have been involved long term with enhancing -efforts to enhance the visitor experience in Philadelphia in the historic district, and I hope members of Council realize that for all the people coming in over the bridge entering the historic district, this is going to be their greeting if you pass this bill. I also have been active as a representative of Society Hill Civic Association in the effort to craft the new Zoning Code, and we've been very actively involved in that, and the timing of this bill just preempts and undermines that effort in a really upsetting way, because the community immediately around is somewhat undefined and within a few weeks, we will have a code. We still won't have all the signage part of the code, but within the year, it should be resolved. And I think in deference to other people who have made investment in this area, that they deserve the opportunity to have representation through the new process of review, and I hope you'll support that by voting against this bill.