COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 9, 2010 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
Good morning. 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 recognizes Reverend Efrain Cotto of St. Philips United Methodist Church. He is here today as the guest of Councilwoman Sanchez. I would ask all members and guests to please rise. (Members and guests rise.)
I want to thank my Councilwoman Maria Quinones for the invitation, and I also recognize and honor my Councilwoman where I reside, Ms. Tasco. God bless you. Let us go before the Lord in prayer. Dear Heavenly Father, I come to name of Jesus thanking you and praising you for our great City of Philadelphia. I thank you for the plan that you gave to our forefathers by which to govern our nation by the division of power so that our destiny does not rest on the hands of one person. In praying for those in authority, I lift up our City Council and our Mayor, and I pray by your holy power our city's legislative body would make laws that are just. Father, I ask also that you give them wisdom to make decisions that would strengthen and prosper our nation. I desire that they would make right decisions concerning the politics and the social welfare and the economics of our city. And I pray that we will be all motivated by your hand and not by our own personal concerns and desires. Father, you guide and govern everything with order and love. Look upon the assembly of our City Council fill them with the spirit of your wisdom. May they always act in accordance with your will and their decisions be for the peace and well-being of all. And we pray this in your name. Amen. (Amen.)
I'd like to extend the blessing in saying may the spirit of Christmas, which is peace, the gladness of Christmas, which is hope, the adoration of Christmas, which is joy, and the heart of Christmas, which is love, be yours now and forever. Amen. (Amen.)
The Chair thanks the Reverend 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, 2nd, 2010. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, December the 2nd, 2010 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, December 2nd, 2010 stand approved. All in favor will please 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 the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, a leave of absence is requested for Councilman Kenney.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. time, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Madam President and colleagues, please join me in recognizing members of the Greater Philadelphia Chamber of Commerce and their affiliate groups joining us here in Council this morning. Thank you.
If they're here, I'd like them to stand so we can recognize and welcome you. (Applause.)
At this time, the Chair recognizes Councilmembers Brown and Jones, who will present a resolution to AFTRA. Would Shelly Figures and those accompanying her please join the Councilmembers at the podium. The Chair recognizes Councilwoman Brown.
Thank you, wonderful pleasure to bring before my colleagues and Council guests many of those professionals we never see because they are behind the scene, making things happen on stage and screen. Calling on private and public enterprises who employ screen, stage, television, radio, sound recording and new media employees should endeavor wherever possible to meet and enter into agreements with Actors' Equity, American Federation of Television and Radio Artists, Screen Actors Guild and other unions and organizations that represent artists in Philadelphia, for the purpose of creating and maintaining a professional community within Philadelphia for the benefit of its citizens. Whereas, we all know that Philadelphia has a rich and vibrant arts community; and Whereas, Philadelphia corporations and advertising companies have the potential to create additional jobs through a commitment to producing their projects within our city, because the benefits of generating local activity include not only economic factors but also the availability of top-tier talent; and
Whereas, the stability and diversity of this talent depends on employment opportunities that provide a living wage, healthcare benefits and retirement benefits; and Whereas, the City of Philadelphia benefits from the professional community, the dedication of artists who can support, sustain themselves and their work; and Whereas, the presence of a professional community attracts, retains theatrical and commercial artist endeavors; and Whereas, the Actors' Equity Association, American Federation of Television and Radio Artists, Screen Actors Guild, among other labor organizations, represents the interest of professional screen, stage, television, radio, sound recording and new media employees; and Whereas, Equity, AFTRA and SAG endeavors to create and expand job opportunities for their members. Now, therefore, be it
Resolved, by the Council of the City of Philadelphia, that private and public enterprises who employ screen, stage, television, radio, sound recording and new media employees should endeavor wherever possible to meet with and enter into agreements with Actors' Equity, American Federation of Television and Radio Artists, Screen Actors Guild and other unions and organizations that represent artists in Philadelphia, for the purpose of creating and maintaining a for the benefit of all of its citizens. Introduced by Councilmembers Jones and Reynolds Brown and sponsored by all the members of the Philadelphia City Council. We salute these professionals. (Applause.)
Shelly Figures is my stage name. My name is Steve Leshinski, the Director of AFTRA, and if you want to know why union in Philadelphia, I want to introduce you to why union actors in Philadelphia. Tom.
Good morning. My name is Tom Helmer, and I'm here to speak on behalf of over 1,000 members of Actors' Equity Association who live and Philadelphia area. We are proud members of the oldest performing arts union in the nation, and we are also proud to be part of the rich cultural and theatrical heritage of the City. Professional Equity theatres, like the Walnut Street, the Art and Philadelphia Theatre Company, the Walnut, 1812 Productions and many, many more, do challenging and entertaining productions that feed the imagination of audiences and provide Equity actors and stage managers exciting employment opportunities in a city that we call home. These same theatres contribute heavily not only to the cultural fabric of Philadelphia but also to its economic well-being. Equity theatres help create employment for our members as well as for vendors and local businesses. Because of these theatres, our members planted roots here, continue to live and work here, here, pay property taxes and support the economy of Philadelphia and the Greater Delaware Valley. We thank you for supporting this resolution. By doing so, you are supporting the members of Equity, SAG and AFTRA and the professional and creative endeavors of our city. Thank you. (Applause.)
Good morning. My name is Bill Shusta and I represent the American Federation of Television and Radio Artists, AFTRA. Philadelphia AFTRA has roughly a thousand members. We inform and entertain you on radio and television. We voice your commercials. We sing your songs. We narrate your industrial projects, audio books and much, much more. The members of Actors' Equity, AFTRA and SAG can help your businesses succeed and make money. We are the (Applause.)
Good morning. My name is John Wooten, President, Screen Actors Guild, Philadelphia Regional Branch. On behalf of our local branch, we would like to thank Mayor Nutter and City Council for supporting the union performing in the Philadelphia region. Many of our performers couldn't be here today because they currently work in productions, earning a decent wage and benefits such as a pension plan. We have over 1,700 members in our fold, all of which contribute to the City's revenue by working in productions. At its very core basis, this resolution speaks to the professionalism of the union performer, and we would like to thank City Council and Mayor Nutter for your gracious support. Thank you very much. (Applause.) (Actor playing Rocky Balboa jogging into Chambers.) ROCKY BALBOA: Yo, Adrienne.
Rocky? (Applause.) ROCKY BALBOA: Councilwoman Reynolds Brown, yo. First of all, I want to thank Councilwoman and everybody in this Council for helping out our three unions, AFTRA, SAG and Equity, because I tell you what, without SAG, I know I wouldn't be here. So now, what I want to do is, I want to give you this, and we wrote a song to say thanks a lot to these guys, and we're going to sing a song together. There's the words right there. All right? Go ahead. (Song sung by union members.) (Applause.)
The Chair now recognizes Councilman DiCicco, who will present a resolution honoring Digitas Health Group. Would Principal Norris Eldridge of Francis Scott Key School and those accompanying him please join the Councilman at the podium. COUNCILMAN DiCICCO: Tough act to follow.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Good morning. Resolution honoring and recognizing Pamela Notaro, Laurie Mellon and Digitas Health Group for their service and commitment to the faculty, students and community of the Francis Scott Key School. Whereas, Pamela Notaro and Laurie Mellon were instrumental in "Day of Community Service" at the Francis Scott Key School, bringing over 225 volunteers to donate their time; and Whereas, their tireless efforts and organizational skills proved invaluable for the volunteers from Digitas Health to paint several murals, a map of the United States, room numbers, radiator covers and doors throughout the school building; and Whereas, the volunteers of Digitas Health, under the direction of Pamela Notaro and Laurie Mellon, were also able to install new basketball hoops, clean up trash throughout the schoolyard and repaint the lines for the basketball courts; and Whereas, the volunteers were able to assist teachers at the school with setting up classrooms for the upcoming school year; and Whereas, Pamela Notaro and Laurie Mellon and Digitas Health not only talents to this Francis Scott Key School, they also purchased new equipment for the physical education program, provided grant money for a school uniform program and provided gift certificates for needy families to a local supermarket. Now, therefore, be it resolved, by the Council of the City of Philadelphia, honors and recognizes Pamela Notaro, Laurie Mellon and Digitas Health Group for their dedication and selflessness to the children, parents, staff and community of the Francis Scott Key School. Further resolved, that an engrossed copy of this resolution be presented to Pamela Notaro and Laurie Mellon as recognition of the appreciation of this legislative body. This is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 21st day of October 2010. Signed C. Verna. Introduced by myself and sponsored by me, Councilman DiCicco. Congratulations and thank you. (Applause.)
The Chair recognizes Principal Eldridge for remarks. PRINCIPAL ELDRIDGE: Thank you and good morning. I'd just like to thank Councilman DiCicco and his staff for recognizing what is an outstanding company who works in Philadelphia, Digitas Health, and also Razorfish Health, who also works with them. They did so much for our school. They've adopted our program for the past few years, and it's been a marvelous relationship, a marvelous partnership. We thank you very much. Councilman DiCicco has been a long-term supporter of the Francis Scott Key School, and we certainly appreciate that. Thank you. (Applause.) UNIDENTIFIED SPEAKER: We'd like to thank Councilman DiCicco and the Council here, Principal Eldridge, the School District of Philadelphia and Tony, who refused to come up, Tony Gilberti. Thank you very much, Digitas Health and Razorfish Health. It was a real privilege and we had a really great time out there fixing up the school. So thank you.
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am transmitting for the body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Mantua Urban Renewal Area, designated as Parcel No. 276 and also sometimes identified by house number and street address for Parcel No. 276 as 504 through 506 North 39th Street; and An ordinance amending Section 2 of an ordinance (Bill No. 020252) approved May 29, 2002, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 13-S by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street and Leithgow Street from Wharton Street to Titan Street," by revising the terms and conditions stated therein and extending the period for compliance therewith, all under certain terms and conditions.
Thank you. The Chief Clerk will please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two resolutions.
The Chief Clerk will please read the title of the first resolution.
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 Twenty-Fourth and Fifty-First Wards of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Mantua Urban Renewal Area, designated as Parcel No. 276 and also sometimes identified by house number and street address for Parcel No. 276 as 504 through 506 North 39th Street.
This resolution will also be placed on the Final Passage Calendar for our next session of Council. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Tasco.
The Chief Clerk will please read the title of the resolution.
A resolution honoring The Reinvestment Fund on its 25th Anniversary.
This resolution will be placed on the Final Passage Calendar for our next session of Council. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. No bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Green, if he's in the room. Any bills or resolutions?
Thank you. The Chair recognizes Councilman Jones.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution adopting the report issued by Council's Joint Committees on Transportation and Public Utilities and the Environment on the economic and environmental impacts that hydraulic drilling of Marcellus Shale will have on Philadelphia and the surrounding region.
This resolution will be placed on the Final Passage Calendar for our next session of Council. 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.
The Chief Clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance (Bill No. 020252) approved May 29, 2002, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 13-S by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street and Leithgow Street from Wharton Street to Titan Street.
The 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 resolution.
A resolution authorizing the Council of the City of Philadelphia to issue a request for ideas and proposals on how the City can best employ its available natural resources as sources of alternative energy for the benefit of the City's infrastructure, businesses and residents.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
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 of pieces of ground with the buildings and improvements thereon, situate in the Twenty-Ninth Ward of the City of Philadelphia.
This resolution will also be placed on the Final Passage Calendar for consideration at our next session of Council.
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 Sixteenth and Forty-Seventh Wards of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution authorizing the 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 Twentieth and Thirty-Second Wards of the City of Philadelphia.
This resolution will also be placed on the Final Passage Calendar for our next session of Council. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you, Madam President. Madam President, 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 of business is reports from committees. The Chair recognizes Councilwoman Tasco for a report from the Committee of the Whole.
Madam President, the Committee of the Whole reports out three resolutions 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 of the Whole, to which was referred Resolution No. 100799, entitled, "A resolution confirming the appointment of William H. Brown III as a member of the Board of Ethics, to serve in the term ending November 16, 2014"; and Resolution 100800, entitled "A of Sanjuanita Gonzalez as a member of the Board of Ethics, to serve in the term ending November 16, 2013"; and Resolution 100801, entitled "A resolution confirming the appointment of Sister Mary Scullion as a member of the Board of Ethics, to serve in the term ending November 16, 2015," respectfully reports it has considered the same and returns the attached resolutions to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Tasco.
I move for the adoption of the resolutions. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. Oh, I'm sorry. I believe the resolutions will be placed on the Final next session of Council. The Chair now recognizes Councilman Clarke for a report from the Committee on Rules.
Thank you, Madam President. Madam President, the Committee on Rules reports three bills with favorable recommendations.
Thank you. The Chief Clerk will please read the report.
The Committee on Rules, to which was referred Bill No. 100079, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by adding a new Section 14-1640, entitled 'Ridge Avenue Special District Controls'"; and Bill No. 100753, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land bounded by East Moreland Avenue, Winston Street, East Mermaid Lane and Germantown Avenue"; and Bill No. 100784, 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 Eighth Street, Somerset Street, Seventh Street, and Lehigh Avenue," 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 this day to permit first reading on Bill Nos. 100079, 100753, 100784. (Duly seconded.)
It properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilwoman Tasco for a report from the Committee on Finance.
Thank you. The Committee on Finance reports four bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Finance, to which was referred Bill No. 100557, entitled "An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled 'City Funds - Deposits, Investments, Disbursements,' by amending Section 19-203, entitled 'Payroll Deductions,' to add the Philadelphia Police and Fire Pipes and Drums to the list of entities for which payroll deductions may be authorized"; and Bill No. 100751, entitled "An ordinance authorizing the Director of Finance, on behalf of the City of Philadelphia, to enter into a lease agreement to lease vehicles and equipment from the Philadelphia Municipal Authority"; and Bill No. 100781, entitled "An ordinance authorizing the City to enter into an interagency agreement with the Commonwealth of Pennsylvania for a period of years for the Commonwealth to add City and School District taxes to the the electronic filing and payment of taxes"; and Bill No. 100794, entitled "An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled 'City Funds Deposits, Investments, Disbursements,' by amending Section 19-203, entitled 'Payroll Deductions,' to add the Police and Firemen's Insurance Association to the list of entities for which payroll deductions may be authorized by City employees, 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 Councilwoman Tasco.
I move that the rules of Council be suspended so as to permit first reading this day of 100557, 100751, 100781 and 100794. (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. All in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.
Thank you, Madam President. Madam President, the Committee on Public Property and Public with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee Public Property and Public Works, to which was referred Bill No. 100842, entitled "An ordinance authorizing the Commissioner of Public Property to enter into a license or long term lease agreement and other related agreements between the City of Philadelphia as licensor or landlord, and the Center City District as licensee or tenant, for a certain parcel of land bounded approximately by John F. Kennedy Boulevard, 15th Street, South Penn Square and the west side of City Hall, commonly referred to as Dilworth Plaza, under certain terms and conditions," respectfully reports it has considered and amended the same and returns the with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended this day as to permit first reading of Bill No. 100842. (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 First Reading Calendar for today. At this time, the Chair recognizes Councilwoman Sanchez for a report from the Committee on Licenses and Inspections.
Thank you, Madam Chair. The Committee on License and Inspection reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Licenses and Inspections, to which was referred Bill No. 100550, entitled "An ordinance amending Section 9-410 of The Philadelphia Code, entitled 'Pedicabs,' by broadening the definition of Pedicab"; and Bill No. 100749, entitled "An ordinance amending Title 4 of The Philadelphia Code, by amending Subcode 'A' (The Philadelphia Administrative Code) and Subcode 'PM' (The Philadelphia Property Maintenance Code), to require that the owners of residential properties that are vacant following foreclosure register, inspect and maintain such properties, and to provide for enforcement and penalties for failure to do so, 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 Sanchez.
I move that the rules of Council be suspended to permit first reading of Bill 100550 and 100749. (Duly seconded.)
It has been moved and properly seconded that be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilwoman Brown for a report from the Committee on Parks, Recreation and Cultural Affairs.
Thank you, Madam President. The Committee on Parks, Recreation and Cultural Affairs reports two bills with a favorable recommendation.
The Committee on Parks, Recreation and Cultural Affairs, to which was referred Bill No. 100724, entitled "An ordinance renaming and designation Franklintown Park located between North 18th Street and North 19th Street and between Hamilton Street and Shamokin Street as 'Matthias Baldwin Park'"; and Bill No. 100776, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to execute and record a Declaration of Covenants, Conditions, and Restrictions against a portion of Pennypack Park on the Delaware, in favor of the United States, to protect bald eagles and other rare, endangered, or threatened birds, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable
Thank you. The Chair again recognizes Councilwoman Brown.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 100724 and 100776. (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. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read our First Reading Calendar for today. 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 two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Commerce and Economic Development, to which was referred Bill No. 100756, entitled "An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled 'Philadelphia 21st Century Minimum Wage and Benefits Standard,' by broadening the definition of the 'City financial aid recipients' who are subject to that Chapter to include certain lease property or equipment from persons or entities who receive City assistance"; and Bill No. 100787, entitled "An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled 'Business Privilege Taxes,' by extending the 'Special Tax Credit Opportunity for Job Creation,' under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 100756 and 100787. (Duly seconded.)
It properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. At this time, the Chair recognizes Councilman O'Neill for a report from the Committee on Technology and Information Services.
Thank you, Madam President. The Committee on Technology and Information Services reports one bill with a favorable recommendation.
The Committee on Technology and Information Services, to which was referred Bill No. 100843, entitled "An ordinance authorizing the City Solicitor, on behalf of the City, to enter into a multi-year contract with a provider of codification, editing, and marketing services to produce printed and electronic versions of the 10th edition of The Philadelphia Code and the 2011 Reprint of The Philadelphia Home Rule Charter, with periodic supplements to each, 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 O'Neill.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 100843. (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. I note that the bills just reported from committee with a suspension of the rules 12/9/10 - STATED - 1ST READING have been deemed to have had a first reading. These bills will be placed on the Second Reading and Final Passage Calendar for our next session of Council. The Chief Clerk will please read any other bills on the First Reading Calendar.
Bill No. 100656, entitled "An ordinance amending Section 14-305 of The Philadelphia Code, entitled "'C-4' Commercial District," all under certain terms and conditions; and amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Hamilton Street, 19th Street, Callowhill Street and 20th Street."
Thank you. This bill will be placed on the Second Reading and Final Passage for our next session of Council. The Chair now recognizes Councilwoman Tasco for a motion 12/9/10 - STATED - 2ND READING 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 Nos. 100709, 100614, 100464, 100544, 100675, 100676, 100679, 100680, 100681, 100682, 100683, 100684, 100711, 100716, 100717, 100718, 100719, 100723, 100752, 100757, 100758 and 100760. (Duly seconded.)
It has been moved and seconded that the rules of Council be suspended to permit the use of a Consent Agenda to consider the bills just read by Councilwoman Tasco. All in favor will indicate by saying aye. (Aye.)
Those 12/9/10 - STATED - 2ND READING opposed? (No response.)
The ayes have it and the motion carries, and we will consider the Consent Agenda shortly. The Chair again recognizes Councilwoman Tasco for the purpose of calling up the bills on the regular Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. In addition to the bills being considered for the Consent Agenda, the following bills and resolutions are being called up for Second Reading and Final Passage Calendar today: 100845, 100846, 100847, 100848, 100849, 100850, 100851, 100773-A, 100721, 100750, 100712, 100713, 100714, 100774 and 100775. Bill 090588, 100489 and 100552 are being amended.
Thank you. Before considering these bills and resolutions, we will consider public comment on the matters listed on the Second Reading and Final Passage Calendar, portions of the Calendar for possible action at this weak's session of Council. Before our first speaker comes forward, let me review the current status of our public comment procedures. At last week's session, a resolution was introduced to amend Council's rules to provide for a public comment period. That resolution was not voted on, but was instead placed on the Final Passage Calendar for today's session. Council then adopted the proposed new public comment procedures as temporary rules so that we could immediately receive public comment. The proposed procedures would operate as follows: For each Council session, there will be a sign-up sheet to determine the order in which we receive public comment, although no one will be denied the opportunity to provide public comment because they have not previously signed up. Public comment is listed -- I'm sorry; is limited to Philadelphia residents and taxpayers. So when it's your turn, I would ask that you please state your name, where you live, and if you are not a Philadelphia resident, please state that you are a Philadelphia taxpayer. You will then have up to three minutes, three minutes, to provide public comment on bills and resolutions listed on the Calendar for possible action at today's session. I again want to thank all of you for your cooperation and patience as we continue to implement a new procedure. I would now ask the Chief Clerk to please read the name of our first speaker.
Good morning, Ms. Kindt. Welcome. Please identify yourself for the record and proceed.
Good morning, Madam President. My name is Stephanie Kindt. I live at 6392 Overbrook Avenue, Philadelphia 19151. I'll try and be fast. This morning I just wanted to give a few brief comments on Bill 100552 introduced by Councilman DiCicco. It's with regards to a plot of land bounded by Race Street, Florist Street. It's right near the Franklintown Park. There is a hotel project that's proposed, and as part of the hotel project, they're removing a lot of the current zoning regulations, and I just wanted to speak just a minute about -- three minutes about spot zoning. The rezoning of this area of the land would meet the definition of spot zoning as laid out in Township of Plymouth by the Commonwealth Court, and the definition that's given in that case is it's a zoning provision that's adopted to control the use of a specified area of land without regard to the relationship of the land around it. It also in Cleaver versus the Board of Adjustment, it's unreasonable or arbitrary. In order to find spot zoning, it has to be unreasonable or arbitrary classification of that same parcel of land. In this case, what they would have to find as arbitrary and unreasonable, you'd have to look at the totality of circumstances. So you'd look at the surrounding plan, you'd look at the plans that have been approved by the City, you'd look at what expert testimony has been given on studies with regards to specifically traffic that's coming across the Benjamin Franklin Bridge, with regards to the safety and the environmental impact on the project. So in terms of those studies and those witnesses and working with the communities to be in line with the comprehensive plan, clearly none of that has been presented. In addition, it would have to be distinguishable from the surrounding properties. So there would have to be something really special about this property that's different than the other properties. So if we were to remove the zoning codes for this property, you could have a case, Franklintown Park could say, Well, why can't I, if I'm different as well, which they are very similar, why can't I have a six-story digital billboard? If they make that claim, you would have a case for reverse spot zoning. The same thing for the Franklin Mint. In a quote from Harris Steinberg, who just released Green 2015 this week, which is really exciting, he quotes, "spot zoning is a dance of uncertainty pitting sophisticated development lawyers seeking neighborhood approval against an under-resourced civic association who is looking for community benefits." Is that my time?
Thank you. I would ask the Chief Clerk to please read the name of our next witness.
Good morning. Welcome. Please identify yourself for the record.
Good morning. My name is Joe Shiavo. I reside at 155 North 3rd Street in Philadelphia, and I was on -- I am on the list to speak on this bill today. However, I would prefer to speak at the hearing where the bill will be discussed and voted on the 16th.
Our next speaker? The Chief Clerk will please call our next speaker.
No, I'm not also Richard Thom. However, there are many members of the Old City community that have registered with the Chief Clerk's Office to give testimony today because the bill was first scheduled to be read for its second time today and voted, but since the bill is now being held and only amendments are being forwarded today, we will all be asking that we be permitted to testify on the 16th rather than today.
Thank you, sir. I would ask the Chief Clerk to please read the names on the list so that we know whether the speakers are present or not.
Please approach the microphone. Good morning. Welcome. Please identify yourself for the record.
Good morning, members of Council. My name is Mary Tracy. I'm a Philadelphia resident and taxpayer. I live at 604 South Washington Square, 19106. First, I want to thank you all, Councilmembers, for your public service to the citizens of the City and for your commitment to neighborhood communities, who work so hard to improve the quality of life and economic vitality of their neighborhoods. Our common interest lies in making this city a success. Carving out special exceptions to allow a giant flashing television screen in an historic area, a gateway to Philadelphia and a very high-traffic decision-making area, should be considered the wrong direction for the public's interest. Bringing jobs here is important and can be accomplished without circumventing laws passed by City Council in 1988 in collaboration with Philadelphia's business community. These laws were passed to protect public and private investment, promote economic development and commercial revitalization, promote traffic safety by eliminating the hazards to pedestrians and motorists posed by distracting and confusing sign displays, to promote signs which are harmonious with the streetscape and eliminate signs which dominate and obscure views of our city. There are two photographs here. On the right is the developer's rendering showing the building with the sign, which we have superimposed with a photograph of actual digital signage at night on a Florida highway to illustrate the brightness. The other is an example of a full motion video sign located in the City of St. Louis where their City Council and Mayor are at this moment trying to correct their problem through legislation. Thankfully, in Philadelphia this Council enacted sign laws that we needed to protect our gateways, residences and historic areas from towering flashing signage. I strongly urge this Council not to change these laws to satisfy the request of a single developer. We would suggest that if this developer cannot do this project without a JumboTron sign, then there are others in this city who can. If we are looking to generate revenues for the City --
You're welcome. Thank you for your interest. I would ask the Chief Clerk to please read the name of the next speaker.
Although the bill is going to be voted on the 16th, I would like to testify. I have copies for everyone, if they're interested. I live at 3114 West Coulter Street, and our taxes are paid up to date. I thought I was just to say that. President Verna and members of City Council, thank you for this opportunity to plead with you to reject Bill No. 100552. I realize it's being amended, but I didn't realize it in time to change the phrasing a little bit, so I'll just proceed. Passage of Bill No. 100552 in its present form states under Section (e), Signage - one non-accessory, outdoor advertising sign is permitted, which sign is permitted to provide digital display and changeable copy, which sign is to be embedded into the north end of the east facing wall of the building at the western point of the property, and which sign is permitted only facing eastward, with a total maximum allowable sign area of 1,200 square feet. What the bill does not state is the fact that a digital sign, which in addition to being an unaesthetic distraction to drivers, would consume an inordinate amount of energy. As a resident of this planet for the past 69 years, I have become aware of the responsibility of each and every one of us to leave the smallest carbon footprint possible. Approval of this bill and consequently this sign would be one giant step in the wrong direction. According to the graph in the United States Green Building, Central Balcones Chapter, a digital billboard annually emits 110 tons of carbon dioxide, while a static billboard emits five tons. A typical home annually emits ten tons and a typical car, eight tons. I do not know how many trees the developer would have to plant to counteract the 110 tons of carbon dioxide, but I doubt there is adequate space for them in the area in question. For more information on digital signage, I encourage you to read, quote, "Illuminating the Issues" by Gregory Young. His well-researched paper, available through SCRUB's website, will enlighten you on the many aspects of digital lighting and provide information on the policies of cities throughout the world. I also encourage you to visit -- and I list the website address -- to view the one-minute 48-second video, "A Seven-Story Woman," showing a huge billboard, video billboard, on Route I-70 in downtown St. Louis. Bill 100552 is about much more than one billboard. It brings to the forefront the need for completing the overhaul of the Zoning Code and Comprehensive Plan before proposing digital signs of any size in any locale. Thank you.
Thank you very much. The Chief Clerk will please call the name of our next speaker.