COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 2, 2009 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 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 Father Robert Yetman of Saint Christopher's Roman Catholic Church. He is here today as the guest of Councilman Kelly. I would ask all members and guests to please rise. (Members and guests rise.)
Almighty and eternal God, it is with confidence that we come before you, confident that you hear your faithful people, confident that you know our needs, confident that you'll always answer our prayers. We come before you today asking to share in your gift of wisdom. hearts that we might serve the people of our great city with courage and strength during these challenging times. May we never grow weary of our appointed task. May we persevere with the help of your grace in serving our people this day and always. We ask this in your name. Amen. (Amen.)
The Chair thanks Father Yetman 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, March 26, 2009, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, March 26, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 26, 2009 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
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 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 Krajewski, who will present a resolution declaring April 2009 as Autism Awareness Month. Will Mrs. Lisa Smith and those accompanying her please join the Councilwoman at the podium. Councilwoman is being joined by Councilman Green, Councilman Jones and Councilman DiCicco.
Thank you, Madam President. A resolution declaring April 2009 as Autism Awareness Month and recognizing April 2nd, 2009 as World Autism Day in the City of Philadelphia. Whereas, autism was first identified by Dr. Leo Kanner in 1943;
Whereas, the prevalence of autism has now risen to one in every 150 American children and almost one in every 94 boys. Autism knows no racial, ethnic or social boundaries. Over one-half million people in the United States today have autism or some form of pervasive developmental disorders; and
Whereas, the Autism Society of America estimates that the lifetime cost of caring for a child with autism can range from $3.5 to $5 million; and Whereas, the United States spends nearly $90 billion annually on research, insurance costs and other expenses related to autism; and
Whereas, the prevalence rate of autism makes the disease one of the most common developmental disabilities, yet most of the public and professionals in the medical, educational and vocational fields are still unaware of how autism affects people and how they can effectively work with individuals with the disability; COUNCILMAN DiCICCO: Whereas, with appropriate intervention, many of the associated behaviors can be positively changed, even in some cases that the child or adult may appear to the untrained person to no longer have autism. The majority of children and adults will, however, continue to exhibit some degree of the disability throughout there are still no medical tests for diagnosing autism and a cure has yet to be found, a better understanding of this disorder has led to a host of strategies to deal with the disability; and Now, therefore
Resolved by the Council of the City of Philadelphia, that we hereby declare April 2009 as Autism Awareness Month and recognize April 2nd, 2009 as World Autism Day in the City of Philadelphia. Resolved further, that an engrossed copy of this resolution be presented to the students of Saint Bernards School for their outstanding efforts in bringing attention to the fight against autism, as evidence of the respect and appreciation of this legislative body. Signed by the President of City Council and sponsored by all members of City Council. (Applause.)
The Chair recognizes Mrs. Smith for remarks. MISS CONWAY: Good morning. My name is Jessica Conway and I am the President at Saint Bernards School. Our 8th grade class has been studying autism and we are here to ask the City Council to designate a day in the City of Philadelphia as Autism Awareness Day. MISS WARDLE: I, Jessie Wardle, am also a student from Saint Bernards School and I would like to thank all of you for taking the time and coming out to listen to us.
The Chair now recognizes Councilwoman Blackwell, who will present a resolution a Time for 25 years of dedicated service to the prevention of drug abuse. Will Mr. Mel Wells and those accompanying him please join the Councilwoman at the podium. I understand that Councilwoman Blackwell is being joined by Councilmembers Rizzo, Clarke and Councilwoman Miller.
Thank you, Madam President. This is indeed an honor and a pleasure. We note that Sharif Street is among those guests who are here, and let me say -- I usually don't speak before we do resolutions, but I cannot think of Reverend Wells without speaking of the late Lucien Blackwell and of their relationship and of the love that they shared and that we share for Reverend Wells and his wife, Margaret Wells. Unfortunately, they are ill. We wanted to get this in. They've been ill for time, and so we regret that they cannot be here, but one who looks exactly likes both of them and who does the work, the President and their son, Mel Wells, and part of the ODAAT family is here and we are proud for the opportunity to recognize them. Resolution honoring and recognizing One Day At a Time, ODAAT, for 25 years of dedicated service to the prevention of drug abuse. Whereas, One Day At a Time celebrated 25 years of service to the community on February 7, 2009; and Whereas, One Day At a Time began in 1983 as a residential peer counseling and substance abuse recovery support program that has, for the past 25 years, increased its scope to address the issues of HIV/AIDS and homelessness; and
Whereas, today, ODAAT provides transitional housing, peer support and mentoring, case management, rapid HIV testing, HIV medical case management; and Whereas, Reverend Henry T. Wells, founder of One Day At a Time, says, "Our mission is to save lives. Our foundations are respect, spirituality and love for others and ourselves, which sets the groundwork to build on and recover one day at a time. If we don't have that, we will not survive"; and
Whereas, Reverend Wells' son, Mel Wells, who is One Day At a Time's current President, echoes these sentiments, quote, "We are proud to have helped thousands of low-income and homeless individuals on their journey to recovery over the past 25 years. The support we have received from the community and the success of our clients prove to me that God really does have soldiers"; and Whereas, ODAAT reaches 26,000 individuals annually and in 2008 tested over 475 individuals for HIV, provided 600 clients and provided addiction recovery support for over 350 people. Over 60 percent of ODAAT's new addiction clients achieved and maintained sobriety for six months or more. Therefore, be it
Resolved, that the Council of the City of Philadelphia hereby honors and recognizes One Day At a Time for 25 years of dedicated service to the prevention of drug abuse. Further resolved, that an engrossed copy of this resolution be presented to One Day At a Time as a sincere expression of City Council's appreciation and recognition. Certification, that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 12th day of March. (Applause.)
It's good to see you this morning. It's definitely good to see you. We've been going through budget cuts and economies, been struggling, but it's something when a place like One Day At a Time can stay open during these hard times, and we can't do it without the help of City Council. So we want to thank you, and thank you also not just for helping One Day At a Time, but God's people, the suffering people. Let me bring up Sharif. (Applause.)
As Chairman of the Board, I just want to say that it is always a pleasure of all the support we've gotten from Council over the years. I would be remiss if I didn't say that as you consider the tough budget times, attention to the departments that fund -- I think it's Behavioral Health that funds ODAAT and programs like it, because drug and alcohol recovery, if it sustains too much of a cut, won't be a sustainable business for all of the people that we help throughout the year. So with that, we thank you for this recognition, and with your continued support, we'll have 25 more years of service. (Applause.)
The Chair recognizes Councilman Jones, who will present a resolution honoring the ongoing commitment and work of the Philadelphia Club of Frontiers International. Will Mr. Steven Bradley and those accompanying him please join the I see the Councilman is being joined by Councilwomen Miller, Tasco and Blackwell.
Colleagues, visitors, ladies and gentlemen, in today's economy we've been forced to redefine the definition of success. In the past we've looked at success as income and wealth development, how much property we own, but a few good men and women have defined success by satisfying the requirements and needs of the vulnerable population in the City of Philadelphia. I bring before you such a group, called Frontiers International. Resolution honoring and celebrating the ongoing commitment and work of the Philadelphia Club of Frontiers International. Whereas, founded in 1936, the Frontiers International, Incorporated, is a non-profit service organization developed to give men and women from a opportunity to provide both community, leadership and service to deserving families; and Whereas, the Philadelphia Club of Frontiers International was established in 1942 and is the second oldest and largest affiliate of Frontiers International. The mission of the organization is to provide much-needed services and resources to children and youth of Philadelphia and the Delaware Valley. Active members are drawn from all segments of the community, including professional, business, religious, political, educational and civic leaders; and
Whereas, realizing that today's increasingly harsh economic climate demands that community leaders aggressively work to address the increase in poverty and related issues, the Philadelphia Club of Frontiers International continues to embrace their organization's motto, "Advancement Service," by providing direct community support in the form of educational scholarships, mentoring, state-of-the-art technology to increase access to opportunities, grants for medical research and treatment, and grants to local organizations and programs that promote social preparedness to improve the quality of life for minorities; and
Whereas, with their ongoing commitment to serve, the Philadelphia Club has hosted many annual events, serving thousands of children during the Thanksgiving and Christmas holidays. The organization has also supported numerous programs spanning a wide range of areas, including hypertension prevention, sickle cell anemia, access to scholarships, aid to the homeless, health fairs, career fairs and business workshops. Now, therefore
Resolved, that the Council of the City of Philadelphia hereby honors and celebrates the ongoing commitment and work of the Philadelphia Club of Frontiers International. Further resolved, that an engrossed copy of this resolution be presented to Steven Bradley, President of the Philadelphia Club of Frontiers International, as evidence of the sincere sentiments of this legislative body. (Applause.)
On behalf of Frontiers International, it's my privilege to accept this resolution. Frontiers International is a community service organization that's been in the City for over 50 years. We're volunteers. We use our personal resources to do community service, and be recognized by the Council of the City of Philadelphia. 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 pleased to advise you that on April 1, 2009, I signed the following bill that was passed by Council at its session on March 9, 2009: Bill No. 090007; and I am pleased to advise you that on April 1, 2009, I signed all of the bills that were passed by Council at its 26, 2009; and Pursuant to Section 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission on Bill No. 090120; and I am transmitting herewith for the consideration of your honorable body an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to execute and deliver to the Philadelphia Authority for Industrial Development a deed located in the vicinity of the intersection of Belmont Avenue and Monument Road; and An ordinance authorizing Dahlia Osman, owner and operator of the Mazag Cafe, to operate an open-air sidewalk cafe located at 1001 South 10th Street; and An ordinance authorizing William Schoepe, owner and operator of the Copabanana Restaurant, to operate and maintain an open-air sidewalk cafe 4000 Spruce Street; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 46-S within the area bounded by 26th Street, the Schuylkill Expressway and Penrose Avenue; and An ordinance amending Section 3-306 and 3-401 of Title 3, to eliminate dual licensing and permitting requirements on air contaminant facilities; and An ordinance amending Title 6 of The Philadelphia Code, to eliminate the requirement of semi-annual license renewal for mobile food vendors and to provide for protective gloves and head coverings as established in regulations of the Board of Health; and An ordinance amending Section 6-403 of Title 6, to establish prohibitions on items containing lead and to add jewelry to the list of items that may not receive or maintain a lead-based coating.
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 Councilman Kenney.
Thank you, Madam President. I offer one bill and two resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 3-306 and 3-401 of Title 3, to eliminate dual licensing and permitting requirements on air contaminant facilities.
The bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Committees on the Environment and Parks, Recreation and Cultural Affairs to hold joint public hearings to investigate the feasibility of installing sustainable irrigation systems beneath City recreation fields to improve the condition, reduce maintenance and associated costs, and extend the lifespan of the fields.
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 will be referred to the appropriate committee.
And a resolution recognizing and congratulating Independence Charter School on the occasion of receiving The Goldman Sachs Foundation Prize for Excellence in International Education.
Thank you, Madam President. On your behalf and my behalf, 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 say aye. (Aye.)
The ayes have it and the resolution is adopted. 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 authorizing William Schoepe to construct, own and maintain an open-air sidewalk cafe at 4000 Spruce Street.
The bill will be referred to the appropriate committee.
And a resolution honoring and recognizing the life and accomplishments of historian and scholar John Hope Franklin.
Again, the Chair recognizes Councilwoman Blackwell.
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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. 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, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one resolution on your behalf, one privileged resolution on my behalf and two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 6-403 of Title 6 of The Philadelphia Code, to establish prohibitions on items containing lead and to add jewelry to the list of items that may not receive or maintain a lead-based coating.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 6 of The Philadelphia Code, to eliminate the requirement of semi-annual license renewal for mobile food vendors and to provide for protective gloves and head coverings as established in regulations of the Board of Health.
This bill will also be referred to the appropriate committee.
And a resolution recognizing and acknowledging Delta Sigma Theta Sorority on the occasion of the Annual Delta Day in Philadelphia City Council.
The Chair recognizes Councilwoman Tasco for a motion.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and 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 deeds located in the 36th Ward of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and 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. I've been here 14 years. This is the first time it ever happened. I do have one resolution, but I can't find it at the moment. So when I find it, I'll put my light on.
A resolution recognizing May 3rd through May 9th, 2009 as Correctional Employees Week.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and 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. The Chief Clerk will please read the title.
A resolution recognizing and celebrating the Providence Center on the occasion of its 15th Anniversary.
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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. 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.
The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 9-211 of The Philadelphia Code, entitled "Boxes for the Distribution of Printed Material," by including certain areas in the vicinity of Manayunk and adding additional requirements, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to execute and deliver to the Philadelphia Authority a deed located, and the land with the buildings and improvements thereon, located in the vicinity of the intersection of Belmont Avenue and Monument Road.
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. The Chief Clerk will please read the title.
A resolution celebrating the 50th Anniversary of the Percent for Art Programs.
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 DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer three bills.
The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 21-501 of The Philadelphia Code, entitled "Special Rights, Privileges and Franchises," by revising the fee relating to special ordinances and requiring that such fee be paid prior to the introduction or adoption of such ordinances.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 14-900 of The Philadelphia Code, entitled "Neighborhood Conservation Districts," by amending the procedures for making revisions to neighborhood conservation districts and by making certain technical changes, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing Dahlia Osman to construct, own and maintain an open-air sidewalk cafe at 1001 South 10th Street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
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, to enter into an agreement to lease the Lincoln Financial Mural Arts Center at the Thomas Eakins House located at 1729 Mount Vernon Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-600 of The Philadelphia Code, entitled "Amusement Tax," by removing certain amusements from the exclusions from the tax.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. The Chief Clerk will please read the title.
A resolution, be it resolved by the Council of the City of Philadelphia that it honors and commends the Ben Franklin Coin Club of Philadelphia on the occasion of its 50th Anniversary.
Madam President, I move for the adoption of this 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 next order of business is reports from committees. The Chair recognizes Councilwoman Krajewski for a report from the Committee on Appropriations.
Thank you, Madam President. The Committee on out 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 Appropriations, to which was referred Bill No. 090211, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the General Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Krajewski.
I move that the rules of Council be suspended so as to permit first reading of Bill 090211. (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 the consideration of the Calendar. I note the bill just reported from committee with a suspension of the rules has been deemed to have had a first 4/2/09 - STATED - 2ND READING reading. It will be placed on our Second Reading and Final Passage Calendar for our next session of Council. There are no additional bills on the First Reading Calendar. Therefore, the Chair recognizes Councilwoman Tasco for a motion concerning the bills on the Second Reading and Final Passage Calendar.
Thank you, Madam President. 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: Bill No. 090001, 090002, 090009, 090010, 090011, 090013, 090017, 090018, 090019, 090020, 090021, 090022, 090023, 090024, 090025, 090026, 090070, 090076, 090121, 090126, 090129. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended to permit the use of a Consent Agenda to 4/2/09 - STATED - 2ND READING consider the bills just read by the Majority Leader. All in favor will indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and we will consider the Consent Agenda. The Chair now recognizes Councilwoman Tasco for the purpose of calling up the bills on the regular Second Reading and Final Passage Calendar.
Thank you, Madam President. In addition to the bills being considered on the Consent Agenda, Bill Nos. 080954, 080765, 080748, 090014, 090120 are being called up for the Second Reading and Final Passage Calendar today. Bill 080645 will be amended. 4/2/09 - STATED - 2ND READING
Thank you. We will now consider today's Consent Agenda. After each title is read, any member may object to the inclusion of the bill on the Consent Agenda. Upon such an objection, and without debate, the bill will be immediately removed from the Consent Agenda and placed on our regular Final Passage Calendar. The Clerk will please read the title of the bills on the Consent Agenda.
Bill No. 090001, an ordinance authorizing Hossein Elbanna to construct, own and maintain an open-air sidewalk cafe at 3901 Walnut Street; and Bill No. 090002, an ordinance authorizing Hardev Singh to construct, own and maintain an open-air sidewalk cafe and planters at 4004 Chestnut Street; and Bill No. 090009, an ordinance 4/2/09 - STATED - 2ND READING establishing a parking regulation on 27th Street, west side, Allegheny Avenue to Clearfield Street; Bill No. 090010, an ordinance establishing a parking regulation on Arnold Street, west side, Midvale Avenue to No Outlet; and Bill No. 090011, an ordinance establishing a parking regulation on Hirst Street, west side, Arch Street to Market Street; and Bill No. 090013, an ordinance amending Section 12-918 of The Philadelphia Code, entitled "Parking for Car Sharing Organizations," by adding locations; and Bill No. 090017, an ordinance establishing a parking regulation on Moore Street, both sides, 12th to 13th Street; and Bill No. 090018, an ordinance establishing a parking regulation on Morris Street, both sides, Broad Street to 13th Street; and 4/2/09 - STATED - 2ND READING Bill No. 090019, an ordinance establishing a parking regulation on Ellsworth Street, both sides, 12th Street to 11th Street; and Bill No. 090020, an ordinance establishing a parking regulation on Federal Street, both sides, 12th Street to 13th Street; and Bill No. 090021, an ordinance establishing a parking regulation on Clarion Street, west side, Federal Street to No Outlet; and Bill No. 090022, an ordinance establishing a parking regulation on Sartain Street, east side, McKean Street to Mifflin Street; and Bill No. 090023, an ordinance establishing a parking regulation on 7th Street, both sides, Carpenter to Christian Street; and Bill No. 090024, an ordinance establishing a parking regulation on Packer Avenue, north side, 16th to 17th Street; and 4/2/09 - STATED - 2ND READING Bill No. 090025, an ordinance establishing a parking regulation on Tasker Street, north side, 11th Street to 12th Street; and Bill No. 090026, an ordinance establishing a parking regulation on Darrah Street, both sides, Brill Street to Bridge Street; and Bill No. 090070, an ordinance authorizing the paving of Keely Street from Henry Avenue southwestwardly to a cul-de-sac turnaround, under certain terms and conditions; and Bill No. 090076, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by relocating the northerly houseline and curbline of Harmer Street, from 15th Street to 16th Street; and Bill No. 090121, an ordinance establishing a no truck parking regulation on the 5200 block of Marshall Street; and Bill No. 090126, an ordinance 4/2/09 - STATED - 2ND READING authorizing Manuel C. and Maria E. Terrivel to construct, own and maintain an open-air sidewalk cafe at 1801 South 4th Street; and Bill No. 090129, an ordinance establishing a no truck parking regulation on both sides of North Hancock Street between Jefferson Street and Thompson Street.
These bills having been read on two different days, the question for each bill now is shall the bill pass finally. The Chief Clerk shall call the roll, and upon being called, each Councilmember shall vote aye on each of the bills, nay on each of the bills or indicate those bills for which the member is voting aye and those bills for which the member is voting nay. The Chief Clerk will please call the roll.
Aye on all bills. A majority of all members having voted in the affirmative for each of the bills, the bills on the Consent Agenda are passed. We will now consider the bills on the regular Second Reading and Final Passage Calendar. The Chief Clerk will please read the title of Bill No. 080954.
An ordinance to amend the Philadelphia Zoning Maps by 4/2/09 - STATED - 2ND READING changing the zoning designations in certain areas of land located within an area bounded by Broad Street, 15th Street, Oxford Street and Cecil B. Moore Avenue.
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 Resolution No. 080765.
A resolution proposing an amendment to the Philadelphia Home Rule Charter to provide within civil service regulations for the posthumous promotion to the next rank for any Philadelphia police officer or firefighter who is killed or who dies in the line of duty.
The 4/2/09 - STATED - 2ND READING Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
This will require a two-thirds vote of the majority. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. Oh, roll call. I'm sorry.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the resolution is adopted. We will now consider Bill No. 080748.
An ordinance providing for the submission to the 4/2/09 - STATED - 2ND READING 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 to provide within the civil service regulations for the posthumous promotion to the next rank for any Philadelphia police officer or firefighter who is killed or who dies in the line of duty.
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. 4/2/09 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 17; 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. 080645.
An ordinance amending Chapter 12-1100 of The Philadelphia Code, entitled "Miscellaneous Regulations and 4/2/09 - STATED - 2ND READING Penalties," by adding a new section prohibiting the use of hand-held mobile telephone by a person operating a motor vehicle or other vehicle on a City street.
Thank you, Madam President. I'll be offering an amendment to this bill. It's basically technical in nature. It was distributed to all Councilmembers, and I move the adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. 4/2/09 - STATED - 2ND READING The Chief Clerk will please read the title of Bill No. 090014.
An ordinance amending the provisions of Section 12-918 of The Philadelphia Code, which regulate the provision of on-street parking restricted to vehicles owned by car sharing organizations.
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, this bill passes. The final bill to be considered is Bill No. 090120.
An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 107 and 130 by striking from the City Plan and vacating the legally open portions of 47th Street from Fairmount Avenue to 4/2/09 - STATED - 2ND READING Brown Street, 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 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. That concludes our Calendar for today. Are there speeches on the part of the minority?
Point of information, Madam President. Did I miss -- did you call up the bill for amendment?
Are there speeches on the part of the majority? Tasco.
Thank you, Madam President. Madam President, last Friday Judge Allan Tereshko made an interesting decision that removed front-running candidate Seth Williams from the ballot for the upcoming democratic primary for District Attorney. Having won 46 percent of the votes in the 205 democratic primary for District Attorney and submitting approximately 10,000 signatures for the primary election this May, Mr. Williams is viewed by many as the frontrunner in this election. Judge Tereshko's decision is interesting because he views campaign-related expenses that Mr. Williams incurred that was reimbursed by his campaign as income. Although Mr. Williams has appealed this decision to the Commonwealth Court, my concern is the potential impact that this decision and elected officials. In just about every election, the candidate themselves go into their own pocket to pay for campaign-related expenses. In fact, they are the ones who usually spend the initial money to get the campaign started. In comparison, elected officials also incur various political expenses that are reimbursed by their Political Action Committees. Following Judge Tereshko's decision, does this mean that the reimbursement should be included on a candidate or elected official's state and federal income tax return as income? On April 8th, the Commonwealth Court will hold a hearing on Mr. Williams' appeal. Accordingly, I hope that our state appellate judges settle and clarify this issue so that we as elected officials, candidates and the public know what is and what is not income. Thank you very much.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Last Saturday we attended the meeting where new members of the SRC Board were introduced to the public and were nominated. Next week we'll try to have a resolution prepared congratulating them and we'll ask all members of the Committee on Education to co-sponsor. Thank you.
Thank you. The Chair recognizes Councilman Jones.
Thank you, Madam President. Like my colleague, last week we were involved with a school tour that went to Randolph Skills Center up on Henry Avenue. We were accompanied by two Ackerman and Sandra Dungee Glenn, former Chair of the SRC. The idea of that tour was to try to connect the dots between green jobs, a green economy and a green city. Today, we are continuing that with hearings related to a green tax abatement, which will be considered by this body at some point in time. It is important not only to connect these dots, but to create a pathway of green jobs to green opportunities within the City of Philadelphia, and I would hope that we continue to walk it like we talk it when it comes to greening our environment. And these are tough times ahead and tough decisions that will have to be made, and I stand on the shoulders of giants of all of my colleagues here who have a concern about it, whether it is Councilwoman Blondell Reynolds Brown or Councilman Kenney, who has a concern about the environment as well, along with other Thank you.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam President. I just want to thank you for holding hearings last night out in Councilman Clarke's district, in the 5th District, and commend Councilman Clarke and Councilwoman Quinones-Sanchez for taking this body to North Philadelphia, listening to what the people had to say about the People's Budget. And I'd just like to quote Louise Cleveland, somebody who testified before us last night: "Our backs are strong, but we don't need to put all the load on the little backs. To Council, if we ever needed you, we need you now." Thank you, Louise. We heard you.
Thank you. The Chair recognizes Councilwoman Brown.
Madam President, I'd like to underscore and additionally seek to compliment both Councilman Clarke and Councilwoman Maria Quinones-Sanchez. The testimony was informative, the testimony was instructive, and the testimony, from where I sit, sought to reaffirm the enormous challenges and decisions Council has to make. It was important to hear the perspective of citizens who will ultimately be impacted by these decisions. So, again, I do congratulate my colleagues. Thank you, Madam President.
Thank you. Are there any other 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 too would like to thank you for presiding over what we believe to be a great public hearing last night. You did a really good job.
You showed great patience. So I just want to thank you so much for your participation.
Madam President, I move that Council stand adjourned until Thursday, April 16th, 2009, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council Thursday, April 16th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. Thank you. (Stated Meeting adjourned at 11:10 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 April 2, 2009, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)