COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 4, 2010 10:10 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
Good morning. I note that the hour has come and that quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair recognizes Reverend John M. Teagle, Interim Pastor of Mt. Sinai Tabernacle Baptist Church. He is here today as the guest of Councilman Clarke. I would ask all members and guests to please rise.) (All members and guests rise.)
Our Father and our God, thou who knowest all about us, know more about us than we know about ourselves, we come invoking thy presence here today that thou wouldest not only cover us with thy spirit, but give us understanding. We come praying for this awesome body, the President of this Council and the Councilmembers and their staff, that thou wouldest bless them as they go forward in this great work, and that what is done here today may be of such that thou can put thy stamp of approval upon it and bless us as we go forward on our way. Keep us and we shall be kept. Save us and we shall be saved. We ask it all in the name of the father and of the son and of the holy ghost, we pray. Amen. (Amen.)
The Chair thanks Reverend Teagle for his very inspiring invocation. Thank you so much. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, February 25th, 2010. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 25th, 2010 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, February 25th, 2010 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Madam President, the republicans have no requests for leave of absence.
Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of Council, I welcome you to our Council session. We appreciate your taking the time to join us as we affairs of our city. We certainly invite you to come again. We have many distinguished visitors with us today, including elected officials, heads of departments, boards and commissions and many representatives from the Administration. Please know that we appreciate you being with us today. We want to extend a warm welcome and to offer our thanks for all the good work that you do, and we all say thank you. Thank you very much. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am transmitting herewith your honorable body a resolution providing for the approval by the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2011 through 2015; and An ordinance to adopt a Fiscal 2011 Capital Budget; and An ordinance to adopt a Capital Program for the six Fiscal Years 2011 through 2016 inclusive; and An ordinance adopting the Operating Budget for Fiscal Year 2011; and An ordinance amending Title 19 of The Philadelphia Code, entitled "Finance, Taxes and Collections," by adding a new Chapter 19-3600, entitled "Sugar-Sweetened Beverage Tax"; and An ordinance amending Section 19-1801 of The Philadelphia Code, entitled "Authorization of Tax," to further authorize the Board of Education of Philadelphia to impose a tax on real estate within the City of Philadelphia; and An ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax," to further authorize the Board of Education of the School District of Philadelphia to impose a tax on the use or occupancy of real estate within the School District of Philadelphia; and An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by providing for a sanitation services fee; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to extend the term of a sublease agreement between the Philadelphia Municipal Authority as landlord and The City of Philadelphia as tenant for mailroom 1628 JFK Boulevard; and An ordinance authorizing the City Treasurer, on behalf of the City, to enter into an agreement with Wachovia Bank for the provision of payroll banking services to the City; and An ordinance amending Chapter 19-3500 of The Philadelphia Code, entitled "General Acute Care Hospital Assessment," by clarifying its applicability to High Volume Medicaid Hospitals, by revising due dates, by making changes to conform amendments to State law, and making technical changes, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in his possession.
I've been informed that a special guest has joined us. I'd like us all to recognize Mayor John Street. (Applause.)
The next order of business is the introduction of bills and resolutions, and at this time, the Chair recognizes Councilman Kenney.
Thank you, Madam President. With your co-sponsorship, I offer one resolution.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution urging PIDC to rename the Philadelphia Navy Yard as the Honorable John P. Murtha Navy Yard.
The Chair recognizes Councilman Kenney for a motion.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer one resolution.
Thank you. The Chief Clerk will please read the title.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I offer six bills and one resolution on behalf of the Administration. I offer eight bills on behalf of City Council and two resolutions. I have one bill and one resolution, and I'm offering one resolution on your behalf.
Thank you. The Chief Clerk will begin to read the first six bills, please.
An ordinance to adopt a Capital Program for the six Fiscal Years 2011 through 2016 inclusive.
The bill will be referred to the appropriate committee.
This bill will be referred to the appropriate committee.
And an ordinance adopting the Operating Budget for Fiscal Year 2011.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 19 of The Philadelphia Code, entitled "Finance, Taxes and Collections," by adding a new Chapter 19-3600, entitled "Sugar-Sweetened Beverage Tax."
This bill will also be referred to the appropriate committee.
And an ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax," to further the authorize the Board of Education of the School District of Philadelphia -
The bill will be referred to the appropriate committee.
And an ordinance amending Section 19-1801 of The Philadelphia Code, entitled "Authorization of Tax," to further authorize the Board of Education of the School District of Philadelphia to impose a tax on real estate within the City.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the City Treasurer, on behalf of the City, to enter into an agreement with Wachovia Bank for the provision of payroll banking services to the City.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 20-1000 of The Philadelphia Code, entitled "Political Contributions and Expenditures," by providing that expenditures incurred in the printing or distribution of sample ballots shall not be considered a contribution for purposes of the contribution limits of that Chapter.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 20-1000 of The Philadelphia Code, entitled "Political Contributions and Expenditures," by permitting a candidate for elective office to establish a litigation fund to receive contributions and make expenditures for the defense of certain proceedings relating to the candidate's campaign.
This bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of a proposed amendment of The Philadelphia Home Rule Charter set forth in a Resolution approved by Council relating to restrictions on the political activities of City officers and employees.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 20 of The Philadelphia Code, entitled "Officers and Employees," by revising the penalties for violation of various ethics and ethics-related provisions.
The bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to The Philadelphia Home Rule Charter to provide for the creation of an Office of Inspector General, to provide for the powers and duties of such Office.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 20-1000 of The Philadelphia Code, entitled "Political Contributions and Expenditures," by authorizing the creation of inauguration and transition committees and providing separate limitations on contributions to such committees.
This bill will be referred to the appropriate committee.
And an ordinance amending Chapter 20-600 of The Philadelphia Code, entitled "Standards of Conduct and Ethics," by establishing standards of conduct regarding the political activities of City officers and employees.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 20 of The Philadelphia Code, entitled "Officers and Employees," by adding a new Chapter requiring the registration of lobbyists and their principals.
The bill will be referred to the appropriate committee.
And a resolution providing for the submission to the qualified electors of the City of Philadelphia of an amendment to The Philadelphia Home Rule Charter to provide for the creation of an Office of Inspector General.
This resolution will be referred to the appropriate committee.
And a resolution proposing an amendment to The Philadelphia Home Rule Charter relating to restrictions on the political activities of City officers and employees.
This resolution will also be referred to the appropriate committee.
And a resolution providing for the approval by the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2011 through 2015.
This resolution 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.
The Chair recognizes Councilwoman Tasco for a motion on the resolution.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying, for nominal consideration, fee simple title to the parcel measuring approximately 58,402 square feet which is located at 5326 Pulaski Avenue.
The bill will be referred to the appropriate committee.
And a resolution proclaiming March 8, 2010 as "International Women's Day."
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions.
Thank you very much. The Chair recognizes Councilman Jones.
Thank you, Madam President. Today, no bills or resolutions.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions this morning.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill.
An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by providing for a sanitation services fee, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have five bills, two co-sponsored by Councilman Goode.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to extend the term of the sublease agreement between the Philadelphia Municipal Authority as landlord and The City of Philadelphia as tenant for mailroom operations space at 1628 JFK Boulevard.
The bill will be referred to the appropriate committee.
And an ordinance to amend the Institutional Development District Master Plan of Temple University, by allowing for the construction of additions to Pearson and McGonigle Halls.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 17-1600 of The Philadelphia Code entitled Economic Opportunity Plans by modifying the monetary threshold triggering the requirement of an economic opportunity plan on city funded projects or contracts.
This bill will be referred to the appropriate committee.
And an ordinance amending Chapter 17-1600 of The Philadelphia Code entitled Economic Opportunity Plans by establishing minimum standards of "best and good faith efforts" to be employed in the development and implementation of Economic Opportunity Plans.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-3500 of The Philadelphia Code, "General Acute Care Hospital Assessment," by clarifying its applicability to High Volume Medicaid Hospitals.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman
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 Greenlee for a report from the Committee on Law and Government.
Thank you, Madam President. The Committee on Law and Government reports one bill and one resolution with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia, the Committee on Law and Government, to which was referred Bill No. 090519, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter confirming Council's power to enact ordinances that require City contractors and recipients of City financial assistance to submit and comply with economic opportunity plans addressing the participation of disadvantaged business enterprises and workforce diversity, and that provides remedies for violations"; and Resolution No. 090529, entitled "A resolution proposing an amendment to the Philadelphia Home Rule Charter enact ordinances that require City contractors and recipients of City financial assistance to submit and comply with economic opportunity plans addressing the participation of disadvantaged business enterprises and workforce diversity, and that provides remedies for violations," respectfully reports it has considered and amended the same and returns the attached bill and resolution to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 090519. (Duly seconded.)
It has been moved and properly seconded that be suspended so as to permit first reading this day of the bill just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. Resolution No. 090529 will be placed on our Second Reading and Final Passage Calendar for next week. The Chair recognizes Councilman Goode for a report from the Committee on Commerce and Economic Development.
Thank you, Madam President. The Committee on Commerce and Economic Development reports one bill with a favorable recommendation.
The Committee on Commerce and Economic Development, to which was referred Bill No. 100009, entitled "An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax, rates and credits for the business privilege tax, by amending the credit for contributions to community development corporations to allow a business that terminated a contribution agreement to remain eligible for future tax credits under the provision that permits two businesses to apply jointly for the tax credit, 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. The Chair recognizes Councilman Goode.
Thank you, the rules of Council be suspended so as to permit first reading this day of Bill No. 100009. (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 bill just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The next order of business is consideration of the Calendar. I note that the bills just reported from committee with the suspension of rules have been deemed to have had a first 3/4/10 - STATED - 2ND READING reading. There are no other bills on the First Reading Calendar. Therefore, the Chair recognizes Councilwoman Tasco for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Bill Nos. 100003, 100014, 090833, 100005, 100006, 090878, 090879, 100001, 100002 and 100063 are being called up for Second Reading and Final Passage Calendar today. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 100003.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Marsden Street, Friendship Street, Keystone Street and Tyson Avenue. 3/4/10 - STATED - 2ND READING
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 100014.
An ordinance amending Section 14-1638, entitled "Central Delaware Riverfront Overlay District," by establishing no height limit and by making technical changes.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.