COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 5, 2008 10:00 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 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 PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Kevin Johnson. He is the Pastor of the Bright Hope Baptist Church. He is here today as the guest of Councilwoman Brown. I would ask all members and guests to please rise. (Members and guests rise.)
Thank you, President Verna and to Councilwoman Brown and also my good member, Councilwoman Tasco. Shall we pray. Creator, we pause this morning to give you thanks for this day and for this opportunity to continue to serve you of our beloved city, Philadelphia. We pray this morning for the leadership of our city. We pray for our Mayor, Michael Nutter. We pray for the City Council. We pray for our citizens of Philadelphia. We pray for families who are struggling to make ends meet, living from paycheck to paycheck. We pray today for those who are trying to find healthcare for their children. We pray for seniors who are needlessly trying to find a way to take care of their expenses as it relates to healthcare, but we also come today realizing that there is a great opportunity of hope. Some have even called it a bright hope. We ask now that you seize this moment that you have given us and this historic nature of where we find ourselves today in this place we call America. We ask that you help us to mature and to become everything that our and mothers have called us to be. For I hear the words of Langston Hughes saying, "I too sing America. Bless Philadelphia, bless Pennsylvania and bless the United States of America." Amen. (Amen.)
The Chair thanks Reverend Johnson for his inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, May 22, 2008, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 22nd stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 22, 2008 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of May 22nd is approved. The next order of business is requests for leave of absence, and the Chair again recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, a leave of absence is requested for Councilmember James Kenney.
Thank you. Leave will be granted. The Chair recognizes Councilman
Madam President, there are no requests for leave of absence from the republicans.
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. At this time, the Chair recognizes Councilwoman Brown, who will present a resolution urging the United States Postal Service to adopt and recognize Wilt Chamberlain on a commemorative postage stamp. Will Mrs. Selina Gross, sister of Wilt Chamberlain, and those the Councilwoman at the podium. I see that Councilman Greenlee and Councilman Jones are being joined by Councilwoman Brown. Please approach the podium. Come up to the podium, please. You can stand directly behind the Councilwoman, please. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. To all of us who have had a chance to be in the ring, but to most of us like me who have enjoyed basketball outside of the ring, in the stands, in the bleachers, it is my enormous pleasure to celebrate and lift up one of Philadelphia's own heroes who made a difference for our city. Urging the United States Postal Service and Citizens' Stamp Advisory to adopt and recognize Philadelphia legend commemorative United States postage stamp. Whereas, Wilton Norman "Wilt" Chamberlain was born August 21, 1936 in Philadelphia, marking the beginning of a historic athletic career in track and field and basketball while attending Overbrook High School; and Whereas, after an outstanding career at Overbrook receiving numerous track and field medals, winning the public basketball championship on several occasions, and becoming one of the all-time leading scorers in high school basketball, he then matriculated to University of Kansas to continue his athletic pursuits; and
Whereas, at Kansas he became a member of Kappa Alpha Psi Fraternity, led them to a Big Seven championship, was elected Most Outstanding Player for the Final Four and First Team All-American at the age of 21 years old. He had already been featured Time, Life and Newsweek before he turned a professional; and Whereas, "Wilt the Stilt" was an American professional National Basketball Association, NBA, basketball player from 1959 to 1973 for the San Francisco Warriors, the Philadelphia 76ers and the Los Angeles Lakers and the Harlem Globetrotters; and Whereas, Chamberlain holds numerous official NBA all time records as the only player to average more than 40 and 50 points in a season or score 100 points in a single NBA game; and
Whereas, winning seven scoring titles, nine field goal percentage titles, 11 field goal percentage titles, two NBA titles, four regular season Most Valuable Player awards, one NBA finals MVP award and being selected to 13 All-Star Games and ten all NBA first and second teams; and Whereas, Wilt Chamberlain is widely considered one of the greatest and the history of the NBA whose credentials match or exceed other sports legends with their own stamps; and Whereas, it is the intent that from this resolution, Philadelphia will have undoubtedly acknowledged the achievements and contributions of Wilt Chamberlain. Now therefore, let it be
Resolved by the City Council of Philadelphia, that we hereby urge the United States Postal Service and Citizens' Stamp Advisory to adopt and recognize our Philadelphia legend, Wilt Chamberlain, on a commemorative United States postage stamp. Further resolved, that an engrossed copy of this resolution be presented to the family of Wilt Chamberlain and Mr. Donald Hunt as evidence of the sincere sentiments of this legislative body. a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 17th of April 2008. Introduced by Councilmembers Reynolds Brown, Greenlee and Curtis Jones and sponsored by all of the members of the Philadelphia City Council. Congratulations to the Wilt Chamberlain family. (Applause.)
Good morning. It gives me great pleasure to be here to accept this citation on behalf of the City of Philadelphia. I'm sure if my brother was here, he would be very proud that you have took the time to notice his achievements. Thank you and God bless you all. Thank you. (Applause.)
I would really be remiss if I did not recognize someone who is in the crowd before us today, someone we all know and we know of all the wonderful work that he does, and that is Mr. Sonny Hill. Sonny.
Thank you, everyone. This is a very honored day and we should be doing more things like this. We should be recognizing our past. We should be recognizing our history. And if we did that, we would have a better situation in the society that we live in today. If you know anything about me, you know it's about making a difference. And if we continue to do things along this line, our young people who are growing up will recognize their past, they'll recognize the history and they'll recognize the fact that the "Dipper," the "Dipper" was the greatest to ever play the game of basketball. (Applause.)
Sonny, thank you for all the wonderful work you do. We really appreciate it. Council will be at ease. (Council at ease.)
The Chair now recognizes Councilwoman Tasco, who will present a resolution honoring Dean Robert J. Reinstein. Will the Dean and those accompanying him please join the Councilwoman at the podium. Is the Dean here? The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. This morning we are honored to present this resolution honoring Temple University, Beasley School of Law, Dean Robert J. Reinstein on his retirement. Whereas, the Council of the City of Philadelphia is pleased to University, Beasley School of Law, Dean Robert J. Reinstein on his retirement after his nearly 20 years of outstanding service and dedication to the law school and to the legal community; and Whereas, in July 1989, then University counsel and law professor Robert J. Reinstein began his tenure as a Temple University Vice-President, Dean and Professor of Law of the James E. Beasley School of Law; and Whereas, as the University Vice-President, his primary responsibility was to oversee Temple's international programs in Japan and Rome; and Whereas, as the Dean of Beasley School of Law, he was responsible for administering a law school with 62 full-time and 125 part-time faculty and about 1,250 Juris Doctor and Master of Law students; and Whereas, in addition to this, tenure, he was responsible for many major accomplishments at the law school, such as a significant increase to the endowment, many new faculty members, increasing the academic credentials of the entering classes, expanding and modernizing the facilities, and establishing many new academic programs; and Whereas, Dean Reinstein has earned many honors and awards for his work. In 2002, he was the recipient of the National Friendship Award presented by the Prime Minister of China. In addition, an endowed scholarship was created in his name in 1999 to commemorate his first ten years as Dean at Temple Law School. In 1996, he was awarded the National Urban League Whitney Young Award. He also received the American ORT Community Achievement Award in 1994 and an Honorary Doctor of Laws Degree from Elizabethtown College; and Whereas, Dean Reinstein earned his Bachelor of Science Degree with distinction from Cornell University in 1965 and his law degree cum laude Howard -- I'm sorry; Harvard University School of Law in 1968. He is a member of the Maryland and Pennsylvania Bar Associations; and Whereas, Dean Reinstein is a renowned scholar in the area of Constitutional Law and Civil Rights, he has published many articles and has represented the NAACP and others in this area with noteworthy results. Now, therefore, resolved by the Council of the City of Philadelphia, that we recognize and honor Temple University Beasley, School of Law, Dean Robert J. Reinstein for his nearly 20 years of outstanding service and dedication to the law school and the legal community. Further resolved, that an engrossed copy of this resolution be presented to Temple University, Beasley Law, Dean Robert J. Reinstein as evidence of the sincere sentiment of this legislative body. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 10th of April 2008 and supported by all members of City Council. Congratulations and thank you. (Applause.)
The Chair recognizes Dean Reinstein for remarks. DEAN REINSTEIN: Thank you very much. This is a great honor. I have tremendous admiration for the City Council. So this really is a special honor. I also think that Temple University and the City are so closely intertwined that however Temple gets better, it helps the City and however the City gets better, it helps Temple. be joined on the podium, of course, by Councilwoman Tasco and I thank her for sponsoring the resolution, but I'm also honored to be joined by members of the Temple Law Alumni Association and a group of judges who are graduates of our law school. Thank you very much. (Applause.)
The Chair now recognizes Councilwoman Tasco, who will present a resolution declaring June 6, 2008 as "Safe Night Philadelphia Day." Will Ms. Claudia Averette and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. the 6th, 2008 as "Safe Night Philadelphia Day." Whereas, Safe Night Philadelphia is a citywide effort to address the issue of youth safety by training students and community-based organizations on how to deal with conflict and anger; and Whereas, Safe Night Philadelphia was developed from Safe Night USA, a program that reaches and encourages people across the country to hold "safe nights" for young people and a "safe night" is an event planned by young people and adults, which integrates fun and lessons in conflict resolution, leadership development and anger management; and Whereas, Safe Night USA originated in the wake of the tragedy at Columbine High School and was adopted by Milwaukee, Wisconsin in the mid 1990s as a response to rising youth homicide rates; and Whereas, Chief of Staff Claudia Averette and Dr. Victoria Yancey brought Safe Night to Philadelphia and continue the success of Safe Night Philadelphia by having this event hosted by the School District of Philadelphia in partnership with the City; and Whereas, Safe Night Philadelphia events will be held in over 500 businesses, community organizations, schools, public and private institutions, and agencies and other participating sites throughout Philadelphia from 3:30 p.m. to 5:30 p.m. on Friday, June 6, 2008 by providing activities for youth that incorporate conflict resolution, anger management and leadership skills with fun activities. Now, therefore, be it resolved, by the Council of the City of Philadelphia, that we hereby declare June 6, 2008 as "Safe Night Day" and salute Chief of Staff Claudia Averette and Dr. Victoria Yancey for bringing this resolved, that an engrossed copy of this resolution be presented to representatives of Safe Night Philadelphia as an expression of the sincere sentiments of this legislative body. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 10th of April 2008 and is supported by all members of City Council. We thank you and thank you for your hard work. (Applause.)
Thank you on behalf of the School District of Philadelphia and the School Reform great honor to receive this citation. But this was easy. Four years ago when we made the decision to bring Safe Night to Philadelphia, we're talking about children. We're talking about saving the lives of our future. So it was easy to get organizations in the City of Philadelphia to participate. In 2004, we had 300 organizations. As of tomorrow, and still counting, we have in excess 800 organizations that will be engaging young people in safe, structured activities. (Applause.)
We can tell you, we have tracked for the past four years that there has been no victims or perpetrators in the ages of school age between the hours of 3:30 and 5:30 when children are engaged in a structured, safe environment. It is about joy and enjoying their lives, and no negativity comes into that environment. What a city we could have these type of statistics every day, not just on June the 6th, Safe Night Philadelphia. So I challenge you with joining us as a partner with the School District of Philadelphia and engaging young people in positive activities. Thank you and have a blessed day. (Applause.)
Did we have anyone else that would like to be recognized? Ms. Yancey.
Good morning. I'm Dr. Yancey, special representative from the School District of Philadelphia. Good morning, President Verna, City Council members, honored guests and citizens of Philadelphia. I humbly, humbly accept this honor on behalf of all of the members of the Safe Night Philadelphia Committee, those who opened their doors, committed to opening their hearts and committed to keeping the students of Philadelphia safe. I thank Councilwoman Marian Tasco, who has been with us since day one, along with Councilwoman Reynolds Brown, leading the charge for Safe Night Philadelphia. Councilwoman, thank you. Thank you, both. Thank you. (Applause.)
Been with us over the past four years. I thank all of the members of the Safe Night Philadelphia Committee, who did the hard work of meeting with me every month, every other week and planning the over 800 events for students. I thank you all. I thank the Councilmembers for making it not only a safe night, but for making it a Safe Night Philadelphia Day. No students arrested, no students hospitalized, no students killed because of Safe Night Philadelphia. (Applause.)
At this time, the Chair recognizes Councilman Jones.
Thank you, Madam President. I'd like to introduce to some and reacquaint to others a native son. It is my pleasure to present the good Dr. Perry Johnson, a native Philadelphian. Dr. Johnson has served on the airwaves and radio. I've tapped my feet and nodded my head to his music in blue lights in the basement, and I wanted to recognize him for his achievements. He's an author and is also now a real doctor in psychology, and he's here today and I'd like to recognize him. (Applause.)
All right. Doctor, would you and whoever is with you please approach the podium so that we can take a photograph.
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on May 22, 2008 and June 4, 2008, I signed all of the bills that were passed session on May 22, 2008; and I am transmitting herewith for the consideration of your honorable body a resolution approving the Annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative Bond Proceeds for Fiscal Year 2009; and A resolution confirming the appointment of Melissa Kim to the Malt and Brewed Beverage Hearing Board; and A resolution confirming the appointment of Gilbert Rowe to the Malt and Brewed Beverage Hearing Board; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 163 by relocating the southwesterly houseline and curbline of Ridge Avenue near Calumet Street; and An ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes; authorizing the Mayor, City Controller and City Solicitor or a majority of them to sell bonds at a public or private negotiated sale; and An ordinance authorizing the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into an air rights license agreement with Main Street Partners to construct a deck over a certain portion of Manayunk Canal Towpath at 2 Rector Street; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease from the School District of Philadelphia certain property located in the vicinity of Byberry and Academy Roads for further sublease to the Academy Sports Association.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 7-400 of the Philadelphia Home Rule Charter to set forth in a Council Resolution prohibiting the Civil Service Commission from imposing any fee to apply for employment with the City; fixing the date for a special election for such purpose.
Thank you. The bill will be referred to the appropriate committee.
And a resolution proposing an amendment to Section 7-400 of the Philadelphia Home Rule Charter, relating to the preparation of Civil Service Regulations, by prohibiting the Civil Service Commission from imposing any fee to apply for employment with the City.
This resolution will be referred to the appropriate committee, and the Chair recognizes Councilman Greenlee.
Thank you, Madam President. On behalf of Councilman Kenney and together with Councilman O'Neill, I offer one resolution.
Thank you. The Chief Clerk will please read the title.
A resolution recognizing and congratulating Saint Joseph's Preparatory School's Baseball Team on the occasion of winning the 2008 Catholic League Baseball Title.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly 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 Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I offer two resolutions and one bill and two resolutions on your behalf.
Thank you. The Chief Clerk will please read the title of the bills.
An ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes.
The bill will be referred to the appropriate committee.
And a resolution approving the Annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative Bond Proceeds for Fiscal Year 2009.
This bill will also be referred to the appropriate committee.
And a resolution confirming the appointment of Melissa Kim to the Malt and Brewed Beverage Hearing Board.
This will be referred to the appropriate committee.
And a resolution confirming the appointment of Gilbert Rowe to the Malt and Brewed Beverage Hearing Board.
This resolution will also be referred to the appropriate committee.
And a resolution authorizing the Council Committee on Finance to hold hearings regarding the creation of the Philadelphia Film Tax Credit.
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 will be referred to the appropriate committee.
Madam President, I move for the adoption of the resolution and I'd like to speak on the resolution.
Thank you. Councilwoman Brown, your light is on. Did you want to be recognized?
Yes, Madam President. On the resolution honoring the leadership of Anne d'Harnoncourt, I'd like for us, if we could, to stand in a moment of silence on her behalf.
At the appropriate time. At the appropriate time, we will do that.
Thank you, Madam President. This week we were all saddened because this city and this country was shocked when we learned of the passing of an outstanding citizen, Anne d'Harnoncourt, Director and Chief Executive Officer of the Philadelphia Museum of Art. I had the pleasure of knowing her from 1967 when she first went to the Philadelphia Museum of Art and I was employed there at that time. She did a lot for this city, not just in her area as Director of the Philadelphia Museum of Art, but as you have seen throughout this week, the wonderful information about her work in this city. We will just truly miss her. I was just really shocked and saddened. No longer will we see her cheery smile or hear her melodious voice. We all know we have to go, but I just think this was just so soon. We will miss her. And as Councilwoman Brown said, could we please stand and have a moment of silence.
I think a motion was made. It has to be seconded. (Duly seconded.)
All those standing will be voting in favor of the passage of the resolution. (All Councilmembers standing.)
I ask that we have just a moment of silent prayer. (Moment of silence.)
The resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution proclaiming June 18, 2008 as "Philadelphia CPR Training Day."
Again, the Chair recognizes Councilwoman Miller.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority, the City of Philadelphia, deeds located in the 17th Ward of the City of Philadelphia.
Again, the Chair recognizes Councilwoman Miller.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I offer one resolution.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution recognizing and honoring the week of June 6th through June 14th as Philippine Independence Week.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Green.
Thank you, Madam President. I offer no bills or resolutions.
Thank you. The Chair recognizes Councilman Jones.
Thank you, Madam President. I offer two bills, one on behalf of the Administration.
The Chief Clerk will please read the title of the bills.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 163 by relocating the southwesterly houseline and curbline of Ridge Avenue near Calumet Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into an air rights license agreement with Main Street Partners allowing Main Street Properties to construct a deck over a certain portion of the Manayunk Canal Towpath at 2 Rector Street.
This bill will be referred to the appropriate committee. 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. I offer one resolution co-sponsored by Councilmember Maria Quinones-Sanchez and three bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 12-902 of The Philadelphia Code, entitled "Parking for Certain Purposes Prohibited," by prohibiting the standing or parking of any boat on the roadway for the purpose of sale, washing, greasing or repairing, and amending Section 12-2405, entitled "Removal or Immobilization of Parked Vehicles."
The bill will be referred to the appropriate committee.
And an ordinance amending Subcode "PM" of Title 4 of The Philadelphia Code, entitled "Philadelphia Building Construction and Occupancy Code," by amending Section PM-302.4, entitled "Grading and Drainage," by adding certain structures to the provisions prohibiting the accumulation of stagnant water.
This bill will be referred to the appropriate committee.
And an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new Chapter providing for the licensing of day care centers and other child care programs and providing for licensing fees and penalties, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution recognizing CORE Philly for its accomplishments in the area of increasing college enrollment amongst graduating Philadelphia students.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one resolution co-sponsored by Councilmembers Kenney and Jones and one bill.
Thank you. The Chief Clerk will read the title of the bill.
An ordinance amending Section 2 of Bill No. 050510, approved November 17, 2005, 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 Allegheny Avenue, Collins Street, Westmoreland Street and Tulip Street."
The bill will be referred to the appropriate committee.
And a resolution authorizing Philadelphia City Council's joint Committees on Transportation and Public Utilities and the Environment to hold public hearings on SEPTA's rising fuel costs, their potential impact on riders and alternatives to diesel-operated buses.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease from the School District of Philadelphia certain property located in the vicinity of Byberry and Academy Roads for further sublease to the Academy Sports Association, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one resolution and one bill co-sponsored by Councilman DiCicco.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by increasing the penalties for owners of private premises and vacant private premises who don't maintain their premises, or the sidewalk in front of such premise, free of litter.
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 deeds located in the 18th, 28th and 32nd Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman, and the Chair now recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees, and the Chair recognizes Councilwoman Tasco for a report from the Committee on Finance.
Madam President, the Committee on Finance reports two bills 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 Finance, to which was referred Bill No. 080495, entitled "An ordinance authorizing the Philadelphia Municipal Authority to design, build, finance, own, operate, maintain and lease facilities and equipment, and provide related services for the management of the City's wastewater treatment solids"; and Bill No. 080498, entitled "An ordinance authorizing the Water Commissioner and the Procurement Commissioner, on behalf of the City of Philadelphia, to enter into a service contract with the Philadelphia Municipal Authority, pursuant to which the City will assume certain obligations under an agreement that the Authority will enter into with Philadelphia Biosolids Service, 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 Councilwoman Tasco.
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. (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. 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 now recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.
Thank you, Madam President. The Committee on Public Property and Public Works reports four bills with favorable recommendations.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Public Property and Public Works, to which was referred Bill No. 080402, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into an amendment to an existing sublease between the Philadelphia Municipal Authority and the City for the City's use of certain office space located at 100 South Broad Street"; and Bill No. 080403, entitled "An ordinance authorizing the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into a temporary easement agreement with SEPTA to use portions of 185 West Allens Lane and 7301-7321 Cresheim Road"; and Bill No. 080435, entitled "An ordinance authorizing the Commissioner of Public Property, for nominal consideration, a certain parcel of land, with the buildings and improvements thereon, known as 3548 Germantown Avenue, for further conveyance"; and 080499, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with the Philadelphia Municipal Authority for further sublease to Philadelphia Biosolids, all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080402, 080403, 080435 and 080499. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as 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 now 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 Council of the City of Philadelphia, the Committee on Labor Civil Service, to which was referred Bill No. 080148, entitled "An ordinance amending Section 17-107 of The Philadelphia Code, entitled 'Contractors: Labor-Management Relationships,' to change the method by which the prevailing wage and prevailing working conditions are calculated for certain occupational classifications, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam President. This important prevailing wage bill is very important for the hard-working people of the City of Philadelphia, and I want to commend leadership on this issue. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 080148. (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 indicate by saying 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 the consideration of the Calendar. At 6/5/08 - STATED - 1ST READING this time, I would ask the Chief Clerk to please read the bills on the First Reading Calendar.
Bill No. 080495, an ordinance authorizing the Philadelphia Municipal Authority to design, build, finance, own, operate, maintain and lease facilities and equipment, and provide related services for the management of the City's wastewater treatment solids.
And Bill No. 080498, an ordinance authorizing the Water Commissioner and the Procurement Commissioner, on behalf of the City of Philadelphia, to enter into a service contract with the Philadelphia Municipal Authority that the Authority will enter into with the Philadelphia Biosolids Service.
And Bill No. 6/5/08 - STATED - 1ST READING 080402, an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into an amendment to an existing sublease for the City's use of certain office space located at 100 South Broad Street.
An Bill No. 080403, an ordinance authorizing the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into a temporary easement agreement with SEPTA to use portions of 185 West Allens Lane and 7301 to 7321 Cresheim Road.
And Bill No. 080435, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, for nominal consideration, a certain parcel of land known as 3548 Germantown Avenue. 6/5/08 - STATED - 1ST READING
And Bill No. 080499, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with the Philadelphia Municipal Authority for further sublease to Philadelphia Biosolids Service located 7800 Penrose Ferry Road.
And Bill No. 080148, an ordinance amending Section 17-107 of The Philadelphia Code to change the method by which prevailing wage and prevailing working conditions are calculated for certain occupational classifications, all under certain terms and conditions.
The Chair agrees. The Chair now recognizes 6/5/08 - STATED - 2ND READING 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. Today Bill Nos. 080030, 080129, 080383, 080384, 080406, 080401, 080470, 080471, 080472, 080004, 080165, 080301 and 080373 are being called up for Second Reading and Final Passage Calendar for today. Bill 080085 will be amended. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 080030.
An ordinance authorizing the paving of St. Thomas Drive, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. 6/5/08 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill 6/5/08 - STATED - 2ND READING passes. We will now consider Bill No. 080129.
An ordinance granting permission to Sunil Shroff, owner and operator of the newsstand located on the northwest corner of 40th and Spruce Street, for the purpose of supplying electrical service and telephone service to said newsstand.
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.
Councilman DiCicco. 6/5/08 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 16; 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. 080383.
An ordinance authorizing Arch Street Hotel Partners to construct, own and maintain various encroachments at 1421 Arch Street.
This bill having been read on two different days, the question now is shall the bill 6/5/08 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having 6/5/08 - STATED - 2ND READING voted in the affirmative, this bill passes. We will now consider Bill No. 080384.
An ordinance authorizing Grasso Holdings, the owner and developer of 1601 Vine Street, in conjunction with a mixed-use development, all under certain terms and conditions.
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.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 6/5/08 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 080406.
An ordinance amending Chapter 12-2400 of The Philadelphia Code, by the addition and changing of towing zone locations, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill 6/5/08 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having 6/5/08 - STATED - 2ND READING voted in the affirmative, the bill passes. We will now consider Bill No. 080401.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Grays Ferry Avenue, 30th Street, Titan Street and 31st Street.
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.
Councilman DiCicco. 6/5/08 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 080470.
An ordinance authorizing transfers in appropriations for Fiscal Year 2008 from the General Fund to be allocated to the General Fund, the Mayor, the Department of Recreation, the Director of Finance - Fringe Benefits, and the City Commissioners. 6/5/08 - STATED - 2ND READING
Thank you. This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 080471.
An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund from the Managing Director to the Police Department, the District Attorney, the First Judicial District of Pennsylvania.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 080472.
An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the General 6/5/08 - STATED - 2ND READING Fund from the Managing Director to the Mayor's Office of Community Services.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 080004.
An ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing," to accept credit cards and debit cards in payment of towing and other charges, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 080085.
An ordinance amending Title 9 of The Philadelphia Code 6/5/08 - STATED - 2ND READING by adding a new Section 9-630, entitled "Sale of Used Cars," all under certain terms and conditions.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I'm going to be offering an amendment. I think it has been circulated, but I'll briefly explain it. This is the bill that's also known as the lemon law for used vehicles. The amendment will do a couple of things. One, it will clearly define "dealer" as it relates to the state regulations. So we're essentially adopting the state regs. Currently, lemon laws primarily apply to new vehicles. So people that buy used vehicles don't have the same ability to get problems corrected as new vehicles. Second, the current bill has 6/5/08 - STATED - 2ND READING seven days to repair the vehicle if the person takes it back to the dealer. This extends it to ten days. Third, it clears up the issue with response to the dealers' response of it must be repaired or the money must be given back to the purchaser if the dealer chooses not to repair the vehicle. The last one, it also puts at risk the auto dealers' license in addition to their business privilege license if they do not correct the problem associated with the vehicle or return the money. There was one other issue that was brought up by a colleague of ours with respect to auctioneers. Under the current bill, auctioneers actually fell within that category and there were some concerns, because auctioneers actually auction off vehicles, that they don't really own, they're just facilitators and they actually facilitate sales for the City of Philadelphia, like the Parking 6/5/08 - STATED - 2ND READING Authority and places like that. And there were some concerns that they would be held subject to having to repair a vehicle that they didn't really own. That's going to be corrected with the regulations associated with the License and Inspection. We had a meeting with the auctioneers. They are comfortable with the language that will be put in the regs. So we hopefully will have resolved all of the issues raised by the Auto Dealers Association and the auctioneers. So with all of that, I just want to make a motion for an adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
Those opposed? 6/5/08 - STATED - 2ND READING (No response.)
The ayes have it and the amendment is adopted. We will now consider Bill No. 080165.
An ordinance amending Subcode "A" of Title 4 of The Philadelphia Code by amending the fee schedule for various construction-related activities and by amending the fees for the issuance of real estate certifications, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 080301.
An ordinance amending Section 9-613 of The Philadelphia Code, entitled "Junk 6/5/08 - STATED - 2ND READING Dealers," by prohibiting junk dealers from transacting business with respect to certain items, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The last bill to be considered is Bill No. 080373.
An ordinance amending Section 12-1120 of The Philadelphia Code, entitled "Abandoned Vehicles," be assessed in accordance with the provisions of Section 12-2406.1, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. That completes our Calendar for today. the part of the minority? (No response.)
Are there speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. Madam President, I move that Council stand adjourned until Thursday, June 12, 2008, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, June 12th. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you very much. (Stated Meeting adjourned at 11:30 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on June 5, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)