COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 16, 2010 10:25 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 COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
Good morning, everyone. 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 Pastor Emanor Thertulien of New Covenant Christian Church. He is here today as the guest of Councilwoman Miller. At this time, I would ask all members and guests to please rise. (Members and guests rise.)
Heavenly Father, we thank you this morning for such a great privilege you give me to be here, God, to lift you up, to thank you, God, for everything you have done in our lives. Thank you for waking up this morning. Thank you, God, for the gift of you, God, for everybody here at this time. God, we thank you for their presence. God bless them, God. Father, as they meet here, God, to decide for our society, God, for our city, we ask you please to bless all the Councilmembers here. Have them, God, in every decision they are voting today, God, on, so that our decision, God, will be, oh God, taken, God, chosen by you, God, for our lives, for our people, God. We thank you, God, for everything. We pray you today, God, for the City of Philadelphia, God, the City of Brotherly Love. Bless our city, God. Bless everybody, God. And stop the shooting in the City, God. May your love, God, be in our hearts, God, for each other. We pray you, Father God, to be with our Mayor, God, and give each of us, God, each of the members, God, wisdom that they need, God, to take decision for our lives, God. bless your name, God. And as we are approaching, God, the holiday season, we pray you for their family members, God, to be with them and provide financial -- have them good in their financial needs, God, so that, God, they can have a good season, God, good holiday season, God. And bless the new year, God. We need your protection for the new year, God. Give us safety, God, in the City, God. Give us blessing, God. Protect us, Father God, so that we all have a good year, God, protect and guided by you, God. We thank you, God, for everything. Thank you, God. Give them a blessed day, good day today, God, and be, God, in every decision, God. Right now they got all the bills, God, they're going to vote on today, God, and may those bills, God, be our guide, choosing by you, God, for our lives. Once again, God, we bless you. you, God. We praise your name and we pray you in Jesus' name. Amen. (Amen.)
The Chair thanks the Pastor for his invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, December 9th, 2010, and the Chair recognizes Councilwoman Tasco. Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, December the 9th, 2010 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, December 9th, 2010 stand approved. favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. Councilman DiCicco, did you want to be recognized? COUNCILMAN DiCICCO: Should I do it now? Thank you, Madam President. I just would like to announce for those who are here today to testify on Bill No. 100552-A, better known as the 4th and Race hotel bill, that if they haven't already been told, I will be introducing an amendment to the bill today that will remove the digital sign from that project. And I know there are a number of people who were here last week, and looking at e-mails and other correspondence I've had this week, there not even live in the neighborhood who are concerned about this because of the sign. By amending the bill today, the bill will not move forward until January 27th of next year, at the earliest. If they still wish to testify, obviously that's their decision, but the bill as it relates to the signage is being amended. The signs will not be part of that project as it stands today. So I know we had about 30 or some odd folks, I'm being told, that wanted to testify on the bill. I'm making that announcement early. And I know that Mr. Shiavo, who is the President of OCCA, I believe will come up as the first witness of that group and read off the names of the folks who would have been here to testify. Thank you, Madam President.
Thank you. The next order of business is requests for leave of absence, and the
Thank you, Madam President. On behalf of the majority, a leave of absence is requested for Councilman Kenney.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there is no request 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. We certainly invite you to come again. time, the Chair recognizes Councilman DiCicco, who will present a resolution honoring Luca Sena. Would Mr. Sena and those accompanying him please join the Councilman at the podium. And I see that Councilman DiCicco is being accompanied by Councilman Greenlee. Councilman DiCicco. COUNCILMAN DiCICCO: Good morning. Thank you, Madam President. I have a resolution today honoring and recognizing Luca Sena, The Penn's View Hotel and Panorama Restaurant on the occasion of their 20th Anniversary. Whereas, Luca Sena emigrated to the United States with his father when he was 19 years old and within two short years they were able to earn enough money to bring the rest of the family over from Italy; and Whereas, the family opened their first restaurant, La Famiglia, in 1976, winning accolades for the fine Italian dining that they provided; and Whereas, Luca Sena felt that the City was missing a little European flair, he opened The Penn's View Hotel and Panorama Restaurant in 1990 to offer great food in a casual environment. As Luca likes to say, "The kind of place that you would find if you got lost in a little town in Italy"; and
And whereas, almost immediately after opening Panorama, Luca Sena contacted the Winekeeper Company of Santa Barbara to build a wine tap system for his new restaurant that would enable him to serve wine by the glass while still maintaining the open bottle in perfect condition; and Whereas, Luca Sena had a new wine keeper custom built by a local refrigeration company to his exact specifications that can hold 120 bottles of wine under ideal conditions even when opened; and Whereas, Panorama's wine keeper has been recognized by the Guinness Book of World Records as the largest wine keeper in the world; and COUNCILMAN DiCICCO: I've been up to 100 bottles of the 120 so far. I got 20 more to go. Whereas, Luca Sena after 20 years still personally oversees all aspects of both the hotel and restaurant and is especially involved in every aspect of the kitchen, although refuses to chop onions. Now, therefore, be it resolved, by the Council of the City of Philadelphia, honors and recognizes The Penn's View Hotel and Panorama Restaurant on their 20th Anniversary. Further resolved, that an engrossed copy of this resolution be presented to Mr. Luca Sena as recognition of the appreciation of this legislative body. This is a true and correct copy resolution, adopted by the Council of the City of Philadelphia on the 21st day of October 2010. Signed by Council President Verna, introduced by myself and Councilman Kenney. Congratulations, Mr. Sena. (Applause.) COUNCILMAN DiCICCO: And if I can just add a little comment. The restaurant/hotel is in my district and I've come to know Mr. Sena and his family over the last 15 years that I've been serving in Council. Not only is it a great eatery and a fine hotel, Mr. Sena has always had the opportunity when the opportunity presented itself to open his doors up to the community. Old City Civic Association and other groups who needed assistance, needed a place to meet, Luca always opened his doors and provided some of the best food you could ever have in the City of Philadelphia. So not only is he a great businessperson, he's also a great partner community, which makes not only Old City a better place but the City of Philadelphia, and I want to personally thank you for your contributions, Mr. Sena. (Applause.)
Thank you, President of City Council. Thank you, ladies and gentlemen of City Council. And thank you, my sister and my brother, who came from Italy for the holidays, and they're here today with me.
And I would like to thank my wife, my son Carlo and thank you to the City of Philadelphia, because this is a great place to do business, regardless of what some people think. We have the biggest wine system in the world, and thank you. I thank you for that. Thank you again. Happy holidays. (Applause.)
I would like to invite Mr. Sena's sister and brother-in-law to please approach. (Council at ease.)
The Chair now recognizes Councilman Jones, who will present a citation honoring Mr. King. Would Mr. King and those accompanying him please join the Councilman at the podium.
All too often if you look in the media, as they depict urban youth, what you see is the negative. You see the suspect running, the defendant rising and our kids, our youth, our future, sinking. Under Chapter 18 verse 23, Abraham was arguing about the City of Sodom and Gomorrah and he was trying to compel God to understand would you destroy the righteous with the wicked. And at first, God said to Abraham, Then show me 50 righteous And Abraham compelled and argued it down. And he said, Well, then show me 20 righteous people, and eventually that argument went down to one. Show me one righteous man and I will spare Sodom and Gomorrah. Well, no matter what the media says today, I bring before this body one righteous man, and hopefully at the end of the day, the story won't go like it did in Sodom and Gomorrah for Philadelphia. Honoring and recognizing Iziah King. And that's a strong name. The Council of the City of Philadelphia is pleased and proud to honor and recognize Iziah King for his achievements and for his dedication in encouraging youth in his community. Whereas, Iziah King was born January 16th, 1992 in Philadelphia, Pennsylvania. He was educated in the Philadelphia public school systems, attending Cook-Wissahickon Elementary an honor student, William Leverington Middle School where he earned second honors, and graduated from Dobbins High School where he was "All Public" in baseball; and Whereas, Iziah earned four scholarships while attending Dobbins High School and achieved many other scholastic endeavors; and Whereas, Iziah spends lots of his time mentoring young men and women where he grew up in Abbotsford Homes, playing sports, encouraging them to set goals like he did. He is an example of achievement to all of us and, most importantly, to his peers. Iziah attends the Art Institute of Philadelphia and the Culinary Arts Program. And, by the way, we are exchanging recipes. He is currently working in the kitchen at the Franklin Institute. Therefore, by virtue of this citation, the City Council of the City of and recognize Iziah King for his achievements and for his dedication to encouraging other youth in his community. We wish him well in all future endeavors and extend the sincere gratitude and respect, admiration of this legislative body, and we say to him congratulations. Signed by myself and Council President Anna Verna. One good man. (Applause.)
First, I just want to thank my mom for all the love and support through the years, and Mr. Brinkley for recognizing me for my accomplishment to the community and school, and Chairman Jones and City Hall for this citation. Thank you. (Applause.)
The Chair now recognizes Councilwoman Sanchez, who will present a citation recognizing the Frankford Chargers. (Applause.)
Would the Frankford Chargers please join the Councilwoman at the podium.
As these fine young men walk up to the podium to get their recognition, I want to make note and thank Mayor Nutter, who was very instrumental this year in helping all of our groups be able to compete at Pop Warner, particularly Tumar Alexander, who I know is very supportive of what we do. The Frankford Chargers are not just a football team. They are a family. They are when boys learn to become men, where they have an opportunity to work as mentors, and given today's times and the challenges we face in the community, I salute them, because they are the positive, the potential and the great things that are going on in the neighborhoods throughout the City but, in particular, to Frankford. I want to thank the coach, Muhammad Rasheed, and Billy Gambrel, who runs a first-class facility in Frankford, and if you haven't had an opportunity to go up there, you should. It is tremendous and speaks to how the public sector and the private sector in this case when we get together, we can change lives in neighborhoods. So with that, recognizing and honoring the Frankford Chargers on winning the Pop Warner Football 160-pound Regional Championship and advancing to the National Semi-Final Game. Whereas, the Frankford Chargers compete in the Pop Warner Football League 160-pound Division; and Whereas, the Frankford Chargers completed their 2010 season with a record of 15 wins and two losses; and Whereas, the Frankford Chargers earned an entry into the Pop Warner National Championship Tournament in Orlando, Florida; and Whereas, led by head coach Rasheed Muhammad, quarterback Timothy and running back Malik, the Chargers progressed through the tournament and advanced to the semi-finals; Whereas, because of their tremendous success, the Frankford Chargers is now ranked as the number four Pop Warner team in the nation. Resolved, that the City of Philadelphia hereby congratulates and honors the Frankford Chargers and their head coach Rasheed on this incredible achievement. We honor you and your impressive accomplishments on the football field, but also for the fine shaping these young men. We wish you much success in defending this championship next season. You have made the City proud, and we are proud that you serve as ambassadors to the City. Further resolved, that an engrossed copy of this resolution will be presented in City Council. Thank you very much. (Applause.)
I am Lorenz Compton speaking on behalf of the Frankford Chargers. We all know that we didn't win the Super Bowl. That was one of our goals, but our main goal was to go down Florida and act with responsibility and a great attitude and respect. So we wanted to present Mayor Nutter with this plaque of appreciation, for a token of appreciation, this plaque. (Applause.)
I want to thank everyone here and I want to thank the to thank the City Council people and all the people that's involved with helping this organization out, and if it wasn't for the people in Philadelphia that helped us go to where we're going and where we're getting at today, it was great that the City of Philadelphia noticed what these young people know to do and to behave themselves and to do better in their future. I want to give many thanks to all the Philadelphians and the Mayor and the City Council again and all the work that Coach Muhammad and the team has done, which was a great job to make it fourth in the whole country. It means that there was a lot of work done, a lot of discipline done and a lot of behavior that made things possible, and I'm really hopeful that they will continue to do this and continue to accomplish things as they did in the football throughout their whole life with their education and they grow older and do all the things necessary that it takes to be a good young man. I'm very thankful again to say I received the American Flag the other day from one of the Chargers from 1967. He said he learned so much with the Frankford Chargers, how to discipline himself, how to work hard and do right, and he's a nurse in the Army, been there for years. He's about 53 years old now. It made me feel great, all the hard work that's going into this organization to make things happen for these young people. It's a great honor to be around them to see things happening. And I'm trying to see everything else. I'm getting old now. I'm 74 years old, and I want to see a lot more. Thank you very much.
Again, congratulations. Council will be at ease. (Council at ease.)
The Chair now recognizes Councilman Clarke, who will present a citation recognizing the North Philadelphia Blackhawks. (Applause.)
Will the members of that team please join the Councilmembers at the podium. And I note that Councilman Clarke is being accompanied by Councilmembers Goode, Greenlee, Rizzo and Green, also Councilwoman Brown. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, it is an honor to see the young men from Frankford. It's a good thing to see those young people doing good things and being recognized for the good things as opposed to some of the negatives that a people do in the community. And I was glad to see that Frankford -- actually close to my district, not necessarily in my district, but it's close enough for me to claim them today, if Councilwoman Sanchez will allow me to do that. But today I have the pleasure of recognizing an organization and a team that is in the 5th Councilmanic District, but before I do that, I just want to recognize Brother Reggie Mtumishi. Most of you probably don't know him. Unfortunately, he is no longer here on this earth with us, but I remember years, years ago, Brother Reggie pulled together this group and this league over at 11th and Cecil B. Moore with an extremely shoestring budget, pulled together this organization and did really great work and was always one that stayed in the background, which is why a lot of people don't talk about his name, but he was really the guiding force behind pulling together, and I know he is in a better place watching this with a smile on his face, this particular honor. So today, Madam President, it gives us great pleasure to recognize and honor the North Philadelphia Blackhawks for winning the National Pop Warner Football Championship. (Applause.)
Whereas, the North Philadelphia Blackhawks of Philadelphia's Liberty Youth Athletic Association are made up of 25 players from the ages of 10 to 12 years old and seven volunteer coaches; and
Whereas, the team had an undefeated season, competed in and won their league and regional championships to advance to the championship round, ultimately won two qualifying games before reaching the championship; and
Whereas, on Saturday, December 11th, 2010, the 120-pound North Philadelphia Blackhawks competed in the National Pop Warner Football Championship held at Walt Disney World Resort in Orlando, Florida. Not bad.
Whereas, in that championship game, the Blackhawks bested the Sweetwater Hawks in a hard-fought game nationally televised on ESPN, thereby becoming National Pop Warner Football Champions; and
Whereas, the Blackhawks were led by head coach Derrick Williams and count among the team stars quarterback Fred Tydings, running backs Qashah Carter, Aamir Brown, Craig Jones and Tyliek Raynor, and linebacker Brian "Hit Stick" Harvey; and
Whereas, in achieving their success, the Blackhawks displayed sportsmanship, character and remarkable athletic ability throughout the entire season. Now therefore
Be it resolved, that the North Philadelphia Blackhawks be recognized and honored for winning the National Pop Warner Football Championship. I got to say it again. (Applause.)
Further resolved, that an engrossed copy of this resolution be presented to the North Philadelphia Blackhawks as a sincere appreciation for their achievement by the City Council of Philadelphia. Signed and supported by all members of Council. (Applause.)
At this time, we would like to ask Coach Williams to come and say a few words. (Applause.) COACH WILLIAMS: First, I want to thank Mayor Nutter. Like I said in every interview, every piece I did, we really wouldn't have been able to go down there and do it without him and the local businesses of the City, Philadelphia Eagles, Mitchell & Ness, CBS. I want to thank City Council for inviting us, City Council for presenting us with this citation. It's a great accomplishment for our league, our program, our kids to see that hard work does really pay off. I mean, it just is what it is, like a citation from the City of Philadelphia for the North Philly Blackhawks. I just want to say thanks, y'all. (Applause.)
Good morning. My name is Erica Richardson and I'm currently the Vice-President of the Blackhawks Athletic Club. On behalf of the Blackhawks Athletic Club football and cheer, we thank all of you from the bottom of our hearts, also from my President, current President, Jeff Days, who couldn't be here because we had so many days off for Disney, everybody just today, all the coaches and staff, all of our parents. We have wonderful parents. Our parents are here. Stand up, parents. (Applause.)
Great parents, coaching staff of Blackhawks, cheerleaders. We had a fantastic season. These guys are national champions. We'll never forget it. Thank you. (Applause.)
The next order of business is communications. I'm sorry. The noise level is much, much too high. If you're having conversation, please do so in the corridor. Thank you. The Chair requests that the Sergeant-At-Arms deliver the messages the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 and 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendations of the City Planning Commission regarding the following bills: Bill Nos. 100776, 100777, 100778, 100779, 100782, 100784, 100785, 100786, 100788, 100789, 100790, 100791, 100792, 100793 and 100842; and I am pleased to advise you that on December 15, 2010, I signed all of the bills that were passed by Council at its session on December 2, 2010; and I am pleased to advise you that on December 15, 2010, I signed the following bills that were passed by Council at its session on December 9, 2010: Bill Nos. 100712, 100713, 100714, 100773-A, 100774 and 100775; and the consideration of your honorable body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, designated as Parcel Nos. 103 and 104 and also sometimes identified by house addresses and street addresses for Parcel No. 103 as 1626 through 36 Federal Street and for Parcel No. 104 as 1218 through 28 South Seventeenth Street; and Also an ordinance amending Section 2 of an ordinance (Bill No. 040505) approved June 21, 2004, entitled "An ordinance authorizing the striking from City Plan Nos. 270 and 258 of Sanger Street from Tacony Street to the westerly Pierhead Line of the Delaware River," by extending the period for compliance with the terms and conditions stated therein; and 2 of an ordinance (Bill No. 080641) approved November 19, 2008, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 128 by striking from the City Plan and vacating Eighteenth Street from Cambria Street to Indiana Avenue," by extending the period for compliance with the terms and conditions stated therein; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 157 by striking from the City Plan and vacating the legally open portions of American Street from Sedgley Avenue southeastwardly to its terminus, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. Does the Chief Clerk have any other communications in his possession?
Thank you. The next order of business, therefore, will be the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one resolution that is co-sponsored by every member of Council.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution recognizing Vivian T. Miller for a career of service to the citizens of Philadelphia in her roles as Community Organizer, Ward Leader and Philadelphia Clerk of Quarter Sessions.
Thank you. This resolution will be placed on our next session of Council for consideration. 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 Krajewski.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance (Bill No. 040505) approved June 21, 2004, entitled "An ordinance authorizing the striking from City Plan Nos. 270 and 258 of Sanger Street from Tacony Street to the westerly Pierhead Line of the Delaware River," by extending the period for compliance with the terms and conditions stated therein.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, designated as Parcel Nos. 103 and 104 and also sometimes identified by house addresses and street addresses for Parcel No. 103 as 1626 through 36 Federal Street and for Parcel No. 104 as 1218 through 28 South Seventeenth Street.
This resolution be will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one resolution and one bill.
The Chief Clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance (Bill No. 080641) approved November 19, 2008, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 128 by striking from the City Plan and vacating Eighteenth Street from Cambria Street to Indiana Avenue," by extending the period for compliance with the terms and conditions stated therein.
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 Seventeenth Ward of the City of Philadelphia.
This resolution will be placed on our Calendar for our next session of Council. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I have two bills and two resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Second Street, Rising Sun Avenue, Cayuga Street, Front Street, and Hunting Park Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 157 by striking from the City Plan and vacating the legally open portions of American Street from Sedgley Avenue southeastwardly to its terminus.
This bill will also be referred to the appropriate committee.
And a resolution authorizing Council's Committee on Housing, Neighborhood Development and the Homeless to hold hearings on the consequences of mass foreclosure in the Kensington and Port Richmond neighborhoods of rental properties owned by Landvest Limited Liability Partnership and related companies associated with Robert N. Coyle, Sr.
The resolution will be placed on our Calendar for our next session of Council to be considered.
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, Nineteenth and Thirty-Seventh Wards of the City of Philadelphia.
Thank you. This resolution will also be referred to our Calendar for our next session of Council. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Jones.
Thank you, Madam President. I have one bill co-sponsored by Councilwoman Miller and Councilman Clarke.
Thank you. The Chief Clerk will please read the title.
An ordinance amending Chapter 21-1200 of The Philadelphia Code, entitled "Police Advisory Board," by providing additional requirements for issuing annual reports and responding to complaints, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions this morning.
Thank you. Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. No bills or resolutions today.
Thank you. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke. Is he in the room? (No response.)
Thank you. The Chair recognizes Councilman Rizzo.
Thank of business is reports from committees. The Chair recognizes Councilman Green for a report from the Committee on Labor and Civil Service.
Thank you, Madam President. The Committee on Labor and Civil Service reports one bill with a favorable recommendation.
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 Labor and Civil Service, to which was referred Bill No. 100780, entitled "An ordinance amending Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' by expanding the scope of 'Plan '10' and 'DC Plan' to cover additional employees, including Fire employees; by revising the definition of 'Fire employee'; and by making technical changes; all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. Bill No. 100780 will be placed on the First Reading Calendar for our next session of Council. The Chair now recognizes Councilwoman Miller for a report from the Committee on Public Safety.
Thank you, Madam President. The Committee on Public Safety reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Public Safety, to which was referred Bill 100722, entitled "An ordinance amending Chapter 10-818 of The Philadelphia Code to provide that no person shall carry a firearm on public streets or public property unless the person is licensed to carry such firearm by a political subdivision of the Commonwealth of Pennsylvania, regardless of whether the person possesses a license issued in another state, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. Bill No. 100722 will be placed on our First Reading Calendar for our next session of Council. The Chair now recognizes Councilman Jones for a report from the Joint Committees on Transportation and Public Utilities and the Environment.
Thank you, Madam President. The Joint Committees on and the Environment issues a report pursuant to Resolution No. 100515.
Thank you. The Chief Clerk will please read the report.
The Joint Committees on Transportation and Public Utilities and the Environment, to which was referred Resolution No. 100515, entitled "A resolution authorizing City Council's Joint Committees on Transportation and Public Utilities and the Environment to hold hearings on the economic and environmental impacts that hydraulic drilling of Marcellus Shale will have on Philadelphia and the surrounding region," respectfully reports that the Joint Committees held the hearings authorized by Resolution No. 100515 on September 28, 2010 and that the Joint Committees issued to the Council the attached final report on the matters 12/16/10 - STATED - 2ND READING discussed at the hearing.
Thank you. The next order of business is the consideration of the Calendar. As there are no bills on the First Reading Calendar, the Chair recognizes Councilwoman Tasco for a motion concerning the bills on the Second Reading and Final Passage Calendar.
Madam President, I move that the bills on the First Reading be -- motion approved.
I think, Marian, we have to move for the rules of Council to be suspended.
I move that the rules of Council be suspended so as to have the reading on the First Calendar. (Duly seconded.)
Marian, we're going to use a Consent Agenda. 12/16/10 - STATED - 2ND READING
Yes. It's kind of confusing here. I move that the rules of Council be suspended to permit the use of a Consent Agenda for the following bills on the Second Reading and Final Passage Calendar. These bills are 100861, 100862, 100863, 100865, 100866, 100867, 100868, 100799, 100800, 100801, 090588-A -- I'm sorry, Madam President. It's a little confusing here for a moment until we get this together. I move that the rules of Council be suspended to permit the use of a Consent Agenda to consider the following bills on the Second Reading and Final Passage Calendar: Bills 100777, 100778, 100779, 100785, 100786, 100788, 100789, 100790, 100791, 100792, 100793, 100753, 100784, 100557, 100751, 100781, 100794, 100842, 100550, 100749, 100724, 100776, 100756, 100787 and 100843. (Duly seconded.)
Thank 12/16/10 - STATED - 2ND READING you. It has been moved and seconded that the rules of Council be suspended to permit the use of a Consent Agenda to consider the bills just read by Councilwoman Tasco. All in favor will indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and we will consider the Consent Agenda shortly. The Chair again recognizes Councilwoman Tasco for the purpose of calling the bills up on the regular Second Reading and Final Passage Calendar.
In addition to the bills being considered for the Consent Agenda, the following bills and resolutions are being called up for Second Reading and Final Passage Calendar today: 100861, 100862, 100863, 100865, 100866, 100867, 100868, 100799, 100800, 100801, 090588-A, 100489-A and 100656. Bill No. 100552-A is being called up for amendment. All other bills and resolutions are being held.
Thank you. Before considering these bills and resolutions, we will consider public comment on those matters listed on the Second Reading and Final Passage portion of the Calendar for possible action at today's session of Council. Before our first speaker comes forward, let me note that at last week's session, a resolution was adopted to amend Council's rules to provide for a public comment period. Under the newly amended rules, the public comment procedure will operate as follows: For each Council session, there will be a sign-up sheet to determine the order in which we receive public comment, although no one will be denied the opportunity to provide public comment because they have not previously signed up. Public comment is listed to Philadelphia residents and taxpayers. So when it is your turn to speak, please state your name and where you live. Also, if you are not a Philadelphia resident, please state that you are a Philadelphia taxpayer. You will then have up to three minutes to provide public comment on bills and resolutions listed on the Calendar for possible action at today's session. Again, I want to thank all of you for your cooperation and patience as we continue to implement this new procedure. I would ask the Chief Clerk to please read the name of our first speaker.
Good morning, Mr. Shiavo. Please identify yourself for the record.
My name is Joe Shiavo. I live at 155 North 3rd Street in Philadelphia and I am a City of Philadelphia taxpayer. Thank you, Madam President and members of Council. And I'm responding to those amendments that Councilman DiCicco has forwarded regarding Bill 100552, and if I may pass through the Clerk, I have a letter that was previously submitted to Councilman DiCicco and it itemizes the requests of particular amendments; that is, particular amendments that the Old City Civic Association Development Committee had requested be made to this bill. And, in fact, one of our requests was that there be no approvals for signage in this bill and that there be no removal of signage regulations in this bill. So we feel that these amendments forwarded today achieved two of those goals that we forwarded previously. The remaining goal, in summary, would be that this bill would include no approvals for the 35,000 square foot ground floor commercial space of this particular proposal. There are no specific objections to the approvals for the hotel and all of its uses, and there are no objections to the liquor license that's anticipated for that hotel. There are also no objections to the approvals included in this bill for the 4th Street residential component of this proposal, but there are serious concerns on the part of community members regarding the ground floor commercial space because of its size and the uses that are described in the bill today, such as restaurants, entertainment, public assembly, all with the assumption of a liquor license associated with the entirety of that space. So I ask that you please take into consideration the letter, if I may pass it through the Clerk to Councilmembers. And the point of distributing this letter to you is so that you're clear we are not daisychaining our objections one to the next to protract this process. We have made our concerns clear previously, and we feel that these amendments address some of those concerns and we have one principal concern remaining. May I?
Thank you very much. The Chief Clerk will -- thank you, sir.
I would like to, on behalf of those who have registered to speak on this bill, read the names of those who have registered to speak. Some of these residents may not be present today because of the amendments forwarded by Councilman DiCicco. Their concerns were addressed or they felt that their comments would best be made at the next hearing of this bill. And those residents who have registered that I am aware of -- and there may be others, but those I'm aware of are Janet Kalter, Joe O'Donnell, Suellen Weiner, Bette Woolsey, John Woolsey, Francesca DiCosmo, Dick Tucker, Diane Stevens-Tucker, Bob Caruso, Brian Fritz, Robert Jaffe, Lynell Wilcha, Neil McLaughlin, Jim Curry, Vamsidhar Vurimindi, Richard Thom, Michael Barmash, Don Todd, Ted Watson, Les Smith, Jerry Fischer and David Bajohr. Some of them may be here today and wish to speak, but on behalf of the others, I just wish Council to know that it is not that they failed to appear, but they wish to instead give testimony on the 27th when the bill may next be considered.
Do we have anyone here to testify on Bill No. 100552? Please approach the witness table.
Good morning. My name is Ronald Patterson. I am an attorney and I represent the owner and proposed developer of the property that would benefit from this bill, and my name is on the witness list. I'd like to say that we are in agreement with the removal of the language that would extract the proposed digital display sign from this building. One of the conditions that we had discussed with Councilman DiCicco in discussing this particular item was that it would not be able to be seen by certain angles. By his arduous efforts and pressing us to prove that, we are unable to prove that at this time, so we, of course, would agree that that not be placed in the bill, and we thank him for his mediation efforts. As to the other items in the bill, we have a private agreement that we've drafted that we believe addresses all of the remaining and other concerns that we have offered to the Old City Civic Association, and in the event that they do not sign that, we hope that somebody else would sign that so it becomes part of the record. And as a matter of fact, the Councilman has also offered to even enter into that agreement with us. So I thank you for your time.
Thank you. I understand that we're going to have to read all of the names of people who have called to testify on Bill 100552, the list of those that called in to say that they wanted to make comment. So I would ask the Chief Clerk to very quickly go down the list.
Good morning. My name is Janet Kalter. I live at 155 North 3rd Street and I'm here to speak to you today about Bill 100552. I won't go over all of the things that Joe Shiavo covered about the things that we support on the bill, but I will go back to the concern that we have about the bill, the 35,000 square feet of commercial space, since we have not yet been informed about how it will be used. We have seen some possible proposals, and they caused great concern. Although Mr. Ambrosi informed us at our public meeting of November 22nd that this location is a great site and he only builds projects on great sites, he often complains that he must make a huge effort to create a critical mass to bring people to the hotel at this location and that being across the street from the granite wall of the U.S. Mint is a major hindrance to creating a successful commercial endeavor. But let's compare this to the hotel on the other side of that same Mint. The Holiday Inn at 4th and Arch, just one block south of Mr. Ambrosi's site, has one of the most successful occupancy rates in the City of Philadelphia. It's catty-corner to the firehouse, flanked by two religious institutions and next to a graveyard. The Holiday Inn must have an amazing secret to success. Maybe that secret is that it's in an exciting neighborhood, Old City. By the way, it does have a restaurant, a very modest restaurant, without entertainment. It is my belief that Mr. Ambrosi is being unimaginative in his efforts to find an appropriate use for his commercial space. Not only is his planned use as a restaurant/entertainment venue strongly opposed by our community, I believe it will definitely fail to provide him with the critical mass he hopes for. I ask him to think outside the big box, expand on our successful businesses, fashion, home furnishings, arts, culture and personal care. Don't give us more of what is already overexpanded, restaurants and entertainment venues. Councilmembers, please remove this use approval for the 35,000 square feet commercial space from this bill. Thank you.
I'm a resident of Philadelphia and I live at 113 North Bread Street. I'm a representative of the National of Old City, a community of 152 residences, 333 residents, with four on the way. In view of the amendment today, we would like to withhold our remarks until the 27th. Thank you, Madam.
Mr. Copeland is here. Please approach the microphone.
Madam President, Councilmembers, my name is Graham Copeland. I live at 103 Conway Avenue, Narberth, Pennsylvania. I am a taxpayer in the City of Philadelphia. I'm the Executive Director of Old City District. We are a 12-year-old special services district and municipal authority. We have a Board of Directors, 19 members, comprised of Old City residents and a diverse mix of local businesspeople, with a stake in the well-being of Old City. OCD's Board recently passed a resolution in support of the 401 Race Street redevelopment project proposed by ARC Properties. The reasons are, we feel that this is good for the local economy and also good for the neighborhood. This project represents an investment in our community with the improvement of an underutilized asset in an excellent gateway location. From an urban design perspective, it's a great example of adaptive reuse and transforming an old industrial facility, which many say is an eyesore and some even say it's a blight, into an exciting new, mixed-use facility that will be aesthetically pleasing and serve the local community, specifically supporting the vital travel and tourism industry. The economic benefits to the neighborhood of the City will be significant. The spin-off benefits to local businesses will be huge. Business and tourist travel consists of visitors with typically high disposable incomes to spend on lodging, shopping and dining, and giving much-needed boost to the local businesses, many of which have been struggling in the current economy. This project also creates much-needed jobs, temporary jobs in construction and permanent jobs in the hospitality industry. We're confident that working together with Councilman DiCicco and City Council, ARC Properties, Old City District and Old City Civic Association, we all can balance the interests of improving the neighborhood, operating a successful business operation and being a good corporate neighbor, and together move this important project forward to fruition. Thank you.
Good morning, Councilmembers. My name is Lynell Wilcha. I'm a resident and property owner at 305 Cherry Street in Philadelphia. I have something that I need the Clerk to distribute, if you can come and get this box right now. Our community's objection to the proposed uses for the 35,000 square foot ground floor commercial space of this proposed project in no part constitutes an objection to the hotel proposed for the site. It is the use approvals for the ground floor commercial space included in Bill 100552 that are critically concerning for the residents of Old City. This is because they're impactful approvals granted by this bill, all prior to evidence of a plan for you or our community to review. Perhaps different from descriptions of this project you have heard, the 35,000 square foot ground floor commercial space included in the project proposal would have absolutely no business connection with the hotel operation or the hotel operator. The tenant occupying the ground floor space is a separate tenant and entirely independent from the hotel operation. The bill affords the developer use approvals for the restaurant, light entertainment, public assembly of guests and all assumptions of a liquor license for the entire 35,000 square foot floor area. However, you and our residents have not seen the plan for this area because there is no plan to date, and there are many unanswered questions. The restaurant operator that the developer last identified as a potential tenant for the ground floor space is So'fa Entertainment. The brochures that I have had the Clerk pick up are going to be distributed to Councilmembers. You'll have 17 copies. It is my opinion that So'fa Entertainment appears to be a nightclub operator, and perhaps upon your review of the brochure, you will agree. Given the information, it seems entirely reasonable that area residents are concerned about what exactly Mr. Ambrosi intends for this enormous space. If his consideration for So'fa Entertainment as the principal operation any indication, it's likely to be something that most of us would identify as a nightclub. Should this bill pass by Council as written and this project fail, even more importantly, our residents are concerned about who or what will take over the space in the future. So, Councilmembers, please do not leave these blank-check approvals for the 35,000 square foot space in Bill 100552. Amend this bill to delete Clause 9(a)(3). Speaking on behalf of Old City residents, it would be the responsible thing to do. Thank you.
Good morning. Richard Thom. My address is 47 Highgate Lane, Blue Bell, Pennsylvania. However, I have a business at 212 Race Street and I'm a taxpayer in the City of Philadelphia. In 1990, I wrote the current zoning control legislation called the Old City Residential Special District Controls. These controls provided us and the Old City community with protections from uses that we felt would be detrimental to the residents, businesses and property owners in the Old City area. This bill seeks to lift those protections, protections enacted by this full Council in 1990, specifically on one parcel of ground. I urge Council to reject this effort at spot rezoning. Thank you.
My name is David Bajohr. I live at 209 North 4th Street. I'm a Philadelphia taxpayer. I am also the President of Old City Place Condo Association located on the corner of 4th and Race Street, the building closest to the closest proximity and most affected by this development. We are 40 units and over 60 residents, and I'm here today to testify that Old City Place Condo Association has voted to oppose this Bill 100552 in its current form for the following reasons: The ambiguity of the proposed entertainment space comprising up to 35,000 square feet makes it hard to understand the true usage nature of this space and the impact on our building. Secondly, security. We are concerned by the lack of a governance plan presented regarding the security enforcement of this entertainment section. When looking to attract a critical mass, there should be a plan in place to govern that mass, and we are -this is something we have not seen to this point. Thirdly, parking. This project will eliminate public parking spots in and around our building and give less parking options to our residents. We'd like to see a plan in place that may open up or give more parking to the local neighborhood. We are encouraged, however, by the changes in this morning's ordinance with the LCD billboard sign, which we were initially worried would face one-half of our building. To be clear, we as a building are not against the development at this site. In fact, we welcome it. The hotel portion is an upgrade from the abandoned building that sits there now. However, these key points or lack of definition of them leave us to be more worried about this project than welcoming of it. Given the current economic climate, we too desire development in Old City, but the right development and not at the expense of our community. We hope that City Council will keep this in mind, as we are the building, the community most affected by this project. Thank you.
My name is Norma Van Dyke. I defer any testimony on this bill until it comes back as amended.
He's here. And why don't you call the next individual who would like to comment.
Good morning, sir. Please identify yourself for the record.
Good morning. I'm Austin Kelley. I live at 4514 Osage Avenue in Philadelphia. I want to urge the Council to act as soon as possible on hydro-fracking in the Delaware River Basin. We very much need to have the opportunity to have serious public comment here before they begin enacting procedures that will endanger our water supply. The public health of millions and millions of us depends on this. We need time in order to prepare. Their deadline for closing comment is in mid-March, and we need to be able to be sure that we will have public comment here in Philadelphia, where millions and millions depend on the drinking water from the Delaware River, and that we have time to be educated and mobilize so that the various constituencies who all drink the water that comes from this river will have the opportunity to comment. This is critically important. The health of our children and our grandchildren, the communities of all of us very, very much depends on this. In order to really effectively respond, we are going to need a lot more information than we currently have. There's going to need to be a comprehensive impact study that will look at all the implications of fracking in the Delaware River Basin. This we don't have. We don't even yet know the chemicals that are used in fracking due to the notorious Halliburton Loophole to the Energy Act of 2006. So for these reasons and many, many others, Philadelphia City Council can and should follow the powerful lead of New York and Pittsburgh, two municipalities which stand to reap all the negative effects, the poisoning and environmental degradation of this fracking but very, very few of the benefits. We need to speak up. We need to act in the interests of all of the people that will be affected. And I seriously do hope that the Council will act strongly on this in January, if not now, because time is of the essence. Thank you.
Thank you, Mr. Kelley. Ms. Bloom, would you please approach the microphone.
Thank you for this opportunity. I'm Iris Marie Bloom. I live at 4808 Windsor Avenue in West Philadelphia, and I would like to testify in favor of the resolution to adopt the report and recommendations based on the September 28th hearing on high-volume hydraulic fracturing for natural gas in the shale. I'd like to commend Philadelphia City Council and particularly Councilman Jones and Councilwoman Blondell Reynolds Brown and my own Councilwoman, Jannie Blackwell, for their wisdom and leadership on this issue. I urge the full Council to pass this resolution without delay for three reasons. One, we cannot afford the human health costs and destructive long-term environmental costs we already know will result from this new risky, high-volume shale gas drilling. We know this because the science is already showing this type of gas drilling degrades water quality even when there are no acute contamination incidents. But there are acute contamination incidents all over the country already and in the State of Pennsylvania, and the number grows daily. Two, it's an issue of social justice. It is mostly relatively poor rural people who are suffering the worst impacts, winding up drinking benzene and toluene, witnessing toxic suds in their local creeks, watching fish die and, in some cases, watching their children vomit after drinking their own tap water. This has happened in Pennsylvania. We have a moral obligation to protect our neighbors rather than sacrifice them. But it's also poor urban residents who must face the rising costs passed on to them and to us in Philadelphia in the form of reduced water quality and trace amounts of toxic substances in our drinking water when we do know that trace amounts of carcinogens, endocrine disruptors, mutagens and neurotoxins in our water and air have a cumulative impact. In worst-case scenarios, it's always people onsite at the workplace and emergency responders who are hurt and killed, but everyone knows there's no adequate emergency planning whatsoever for the inevitable spills, explosions, fires and blowouts caused by this industry. Three, the increase in global warming being caused by this type of gas drilling right now -- right now and especially in the next two years, while there is absolutely no EPA regulation of their greenhouse gas emissions -- will contribute to sea level rise, which is already impacting the wetlands in the Delaware River estuary. This may seem abstract, but it's actually happening right now. These wetlands are our kidneys, and the forests that are being destroyed upstream for gas drilling are our lungs. Why would we want to destroy our kidneys and our lungs? In the longer term, through a chain of events, including massive water withdrawals for gas drilling, using water 80 percent of which is never returned to our watershed, combined with sea level rise and the increased drought from global warming, Philadelphia is at risk from the salt line reaching our water intakes, and in that case, poor people would also suffer the most. So thank you for your wisdom. Please pass this bill without delay. Thank you for this opportunity.
Denna Ballinger. MR. McCLURE: I'm obviously not Denna Ballinger. My name is Rich McClure and I will be here testifying or presenting testimony on behalf of Building Owners and Managers Association. Good morning, Councilmembers. I appreciate the opportunity to be here. Again, I'm here on behalf of Building Owners and Managers Association. Our members and tenants who occupy our buildings represent probably the largest -- collectively represent the largest taxpayers in the City, here speaking with regards to Bill No. 100756, which calls for the imposition of a super minimum wage, not just on the direct beneficiary of City funds, but carries to the tenants of various buildings and projects throughout the City. This bill comes with many unintended consequences, which we believe have not been fully vetted, and respectfully ask that the bill be held. While laudable in its goal to raise those out of poverty, the adverse impacts are great in number. In particular concern is that the bill will dilute the impact of the City's already limited economic development toolkit. It will stymie development activity throughout the City by specifically placing a wage requirement that's not in effect in surrounding states and jurisdictions. I think a great example of that might be some of the development activity that's being proposed for East Market Street. You're talking about a significant redevelopment of an area that is in need of it and will probably require public assistance in order for that project to happen. Can you imagine telling tenants of the Gallery or other projects along there that they have to pay the super minimum wage? I think those tenants would be dissuaded to renew leases or relocate out of the City or out of that project. It negates -- this bill also negates incentives in place for the City's green initiatives. Buildings which commit to installation of green roofs and expect to enjoy tax benefits that are already in place will have potentially the unintended consequence of having the super minimum wage be imposed on tenants which already occupy that building. That's an untenable situation for a building owner to be in. From the business community's perspective, the amendments contained in Bill 100756 are an impediment to attracting and retaining jobs in this great city of ours. The amendments do not create incentives to grow, but rather reasons to leave the City or never locate in the City in the first place. While other municipalities not quite comparable to Philadelphia may have implemented similar legislation, they are not already burdened with the highest set of taxes in the country, whether those taxes be business privilege tax, real estate tax, use and occupancy, wage tax, high rise inspection fees and the numerous other commercial real estate-specific fees. We applaud the effort of Councilman Goode to attempt to find ways to raise the City's poor and destitute. We applaud the effort to hold any grant funds or loan recipients accountable for how those funds are spent. That being said, we cannot support the bill, however well-intentioned, due to the likely unintended consequences of reducing our ability to attract and retain quality tenants in the City.