COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 16, 2008 10:05 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 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 V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
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 Alan Neale. Reverend Neale is the Rector of the Church of the Holy Trinity. He is here today as the guest of Councilman Greenlee. I would ask all members and guests to please rise. (Members and guests rise.)
Madam Chair, Honorable Council women and men, I bring you greetings from the Church of the Holy Trinity on Rittenhouse Square. We are in our 150th year, and on March 27, 2009, we celebrate our birth date. We hope some of you will come and join us, just to V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 dance. One little prayer before the prayer I prepared, and though I understand cricket better than baseball and though I speak with an English accent, in the name of God, we pray, go Phillies. (Applause.)
Let us pray. All-just, all-loving and ever-present God, we thank you for the priceless treasure of choice with which you have imbued us, honored us and dignified us. I pray for those who labor in this Chamber. Give them vision and imagination to make bold choices, sympathy and compassion to make sensitive choices, courage and fortitude to make hard choices. Lord, may the choices made in this Chamber enable those bereft of choice to choose a home, a job and a life. Lord, in all the members of this V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Chamber, may the choices so made produce a sense of pride and achievement in a job well done. And this we pray in the name and the power of the one who made and makes his choice to live with and to love all those whom he has made, and may it be our choice ever to say to him, amen, so be it, amen. (Amen.)
The Chair thanks Reverend Neale for his very inspiring invocation. Council will be at ease. (Council at ease.)
Councilman Jones, I understand you would like to be recognized.
Thank you, Madam President. I'd like to echo the Reverend's comments about go Phillies. On this day, we celebrate and head back to the World Series for the first time in 15 years. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 an opportunity to challenge some of our colleagues in Milwaukee and also Los Angeles on behalf of this Council. We sought out the Councils of Milwaukee and LA and we bet them some of Philadelphia's fine tradition, such as Tastykakes and cheesesteaks. We informed them that they would have an opportunity to smell it, but they would never have an opportunity to taste it. So in that light, the Phillies have graciously said to Council thank you for their support, and they provided each and every member with a Phillies cap to be adorned. And, my colleagues, don't forget to put them on your disclaimers and financial contribution forms, as not to upset any entity that monitors us. And my final words, Madam President, are, go Phillies.
Thank you very much. The next order of business is V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 of the Journal of the meeting of Thursday, September 25, 2008, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, September 25th stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 25, 2008 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 the V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
Madam President, on behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, leave is requested for Councilman Jack Kelly.
The Chair thanks the gentleman. Leave will be granted. 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 V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 We certainly invite you to come again. At this time, the Chair recognizes Councilwoman Miller. Is she in the room? Is Councilwoman Miller in the room? (No response.)
If she is not, I think we'll proceed with the next. (Councilwoman Miller entered Chambers.)
Councilwoman Miller will present a resolution honoring the NAACP's ACT-SO Competition. Will Mrs. Kathleen Coleman-Smith and those accompanying her please join the Councilwoman at the podium. Please join at the Councilwoman at the podium. I see that Councilwoman Miller is being joined by Councilman Clarke.
Thank V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 you, Madam President. It's my pleasure this morning to honor a group that we all know. NAACP has been around for so many years, but there's different components that we're just not familiar with. And with that, I'll read the City Council citation. The City Council of Philadelphia honors the NAACP's ACT-SO Competition for its 30th anniversary and the four Philadelphia medal winners. Whereas, ACT-SO is a national competition sponsored annually by the NAACP where high school students compete in 25 separate categories in the sciences, humanities and performing and visual arts; and Whereas, ACT-SO is an acronym for Afro-Cultural Technical and Scientific Olympics; and
Whereas, talented young people from a wide array of disciplines took their place in V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 recognized as national winners in the NAACP's ACT-SO competitions; and Whereas, four proud Philadelphians brought home three gold medals and a bronze medal; and Whereas, Jordan Thomas, a harpist, won the gold medal award in the classical instrumental category; and Whereas, Dasha Savage, the chemist, won the gold medal award in the chemistry/microchemistry category; and Whereas, Nathaniel Jones, the artist, won the gold medal award in the drawing category; and Whereas, Jamesa Hines, the biologist, won the bronze medal award in the biology/microbiology; and
Whereas, more than 260,000 young people have benefited from this initiative's development and inspiration since NAACP's ACT-SO Competition's inception. Resolved, by the Council of the V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Philadelphia, that City Council hereby recognize, honor and celebrate NAACP's ACT-SO Competition for its 30th anniversary and for the four Philadelphia medal winners. Further resolved, that an engrossed copy of this resolution be presented to Kathleen Coleman-Smith, the ACT-SO Chairperson for Philadelphia, as further evidencing the sincere admiration and gratitude 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 18th day of September 2008. Signed by Anna C. Verna, President of City Council. Introduced by Donna Reed Miller and co-sponsored by all members of City Council. (Applause.)
This is truly a great honor, that you have taken V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 our young people who have worked so diligently to bring these awards home to Philadelphia. We were in Orlando, Florida representing the Philadelphia, Pennsylvania branch where there were over 1,000 young people from all over the United States who competed. And we are so proud of our young people, and we hope that you all will encourage them to pursue their goals as they go on to higher learning. Thank you. (Applause.)
The Chair now recognizes Councilwoman Tasco, who will present a resolution declaring October as Domestic Violence Awareness Month. Will Chris Stutman and those accompanying her please join the V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Is Chris Stutman here? Would your group come up, please. I see that Councilwoman Tasco is being joined by Councilmembers Miller and Sanchez. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. This is one of my favorite groups, and I just appreciate all the wonderful work they do, and this gives me great pleasure to present this resolution declaring October as Domestic Violence Awareness Month. Whereas, Domestic Violence Awareness Month is being sponsored locally by Women Against Abuse, and through their sponsorship, they are encouraging everyone to help increase the awareness of domestic violence in our homes and communities and decrease its negative impact on Philadelphia; and V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Whereas, founded in 1976, the mission of Women Against Abuse is to provide quality and compassionate services in a manner that fosters self-respect and independence in persons who have been victimized by domestic violence; and
Whereas, Women Against Abuse has grown to become one of the largest domestic violence programs in the United States, created the nation's first legal center devoted to victims of domestic violence, founded the only emergency shelter in the City exclusively for abused women and their children; and Whereas, Women Against Abuse provides education and training to the community about domestic violence issues and resources and has partnered with the City of Philadelphia, Lutheran Settlement House, Women in Transition and Congreso de Latino Unidos to operate the Philadelphia Domestic Violence Hotline; V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
Whereas, to support victims of domestic violence, Women Against Abuse also operates a 12-unit transitional housing program called Sojourner House, which enables victims to take the crucial first steps to reclaim their lives and move forward toward a brighter future. Now, therefore be it resolved, that the Council of the City of Philadelphia declares and recognizes October as Domestic Violence Awareness Month.
Further resolved, that an engrossed copy of this resolution be presented to representatives of Women Against Abuse as a sincere expression of the Council's gratitude, appreciation and commendation for raising the public's awareness regarding domestic violence. Certification that this is a true and correct copy of the original V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 resolution, adopted by the Council of the City of Philadelphia on the 18th day of September 2008. Introduced by Tasco, Sanchez, Miller, and sponsored by all members of City Council. (Applause.)
Good morning. I'm Christine Stutman, Deputy Director at Women Against Abuse. On behalf of our staff and clients, thank you for recognizing Domestic Violence Awareness Month here in Philadelphia. The work we do would be impossible without the support of the City of Philadelphia, and we are honored to be working so closely with the City to better serve our clients. Domestic violence is an issue we must all work together to solve, because the consequences affect all of us. We urge City Council to vote on V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 23rd to amend the City ordinance to protect victims of domestic violence against wrongful termination and unfair treatment by their employers. By ensuring the passage and enforcement of this proposed bill, you will enhance safety for survivors of domestic violence and strengthen our entire community. Thank you. (Applause.)
There are many wonderful leaders in this organization, and one I've worked with for so many years who just recently left as Executive Director of Women Against Abuse and is now working as a Deputy in the Department of Human Services, and that's Cynthia Figueroa. Would you please stand, because your hard work -(Applause.)
-- has really helped to make this organization what it is today. We appreciate that, V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 the workers and volunteers who serve in this organization. Thank you.
Thank you. Council will be at ease. (Council at ease.)
The Chair again recognizes Councilwoman Tasco, who will present a resolution honoring the 25th anniversary of the Ogontz Avenue Revitalization Corporation. Will Ms. Sharmain Matlock-Turner and those accompanying her please join the Councilwoman at the podium. The Councilwoman is being accompanied by Councilmembers Sanchez and Miller. Oh, and we have a very special guest with us today. The Chair recognizes Councilwoman Tasco.
This is V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 from the awesome West Oak Lane and vicinity, and we are just pleased to be here to recognize their 25th anniversary, and it is my honor to have been around when they started this organization 25 years ago and have watched their progress through the years. And so this morning, we present this resolution honoring and recognizing the 25th anniversary of the Ogontz Avenue Revitalization Corporation. Whereas, after decades of being a vibrant commercial corridor bustling with commerce and charm, the 7100 block of Ogontz Avenue began to decline in the early '70s, and by 1981, Ogontz Plaza, the centerpiece of this once mighty block, had become a vacant, graffiti-scarred eyesore and the Ogontz Hall Apartment building was plagued with undesirable conditions and many other properties on Ogontz and 72nd Avenues were also vacant and dilapidated; and Whereas, in 1983, neighborhood V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 residents, led by State Representative Dwight Evans, banded together to devise a solution to the Ogontz Avenue problem and created the Ogontz Avenue Revitalization Corporation as their solution to this problem; and
Whereas, more recently, OARC has continued its efforts by expanding its scope and taking a holistic approach towards making West Oak Lane a community of choice, and this approach includes dozens of programs, initiatives and development projects in the areas of housing development, home improvement, education, business and economic development, workforce development, arts and cultural event planning, open space greening, grassroots community planning and tourism development; and Whereas, OARC has been responsible for the development of dozens of housing units, several of the marquee business institutions of West Oak Lane V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 in the quality of life in one of Philadelphia's finest neighborhoods, and since its inception, OARC has grown to include eight entities with a total annual operating budget of approximately 20 million and development projects valued at over 24 million. OARC, its related entities and affiliations employ more than 250 full-time people and more than part-time, and serve an approximately 1,000 children annually; and
Whereas, OARC is also the executive producer of the internationally acclaimed West Oak Lane Jazz and Arts Festival, and each year more than 500,000 attendees come to Ogontz Avenue, which is transformed into an exciting festival of vendors offering food, fine arts and crafts and non-stop entertainment from music icons and hall of fame artists; and Whereas, OARC has also expanded its successful and nationally recognized V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 commercial corridors in the Northwest, including Stenton Avenue and Washington Lane, and upper Ogontz Avenue from Washington Lane to Cheltenham Avenue, and OARC works with other groups and communities throughout Northwest Philadelphia, including Mount Airy, Nicetown and Germantown, to help stimulate neighborhood revitalization; and Whereas, through valuable partnerships and innovative programs, OARC is a fresh wind in the field of community development, proving that no community goal is too ambitious and, in the process, providing hope and inspiration to residents of all communities. Now, therefore be it
Resolved, by the Council of the City of Philadelphia, that we hereby honor OARC on 25 years of success and accomplishment in stimulating economic development while V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 life for the residents of West Oak Lane and other neighborhoods throughout Northwest Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to State Representative Dwight Evans and representatives of OARC as evidence 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 18th day of September 2008. Signed by President Verna, sponsored by Miller, Tasco and Sanchez, and supported by all members of City Council. We congratulate you. We thank you for the wonderful work you're doing. (Applause.)
Thank you V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 much, Council President. I certainly want to thank City Council and certainly Councilwomen Tasco, Miller and Sanchez for sponsoring this resolution today. And I want to thank Council President Verna for giving me the opportunity to have Dwight Evans be a part of my gang. I've never had an opportunity to be introduced and just have him come along with me. So that was very, very special. We have some wonderful people here today who really make this happen. As the Board Chair, I've had the opportunity to volunteer and be a part of this effort for many, many years, but it is really our number one volunteer, State Representative Dwight Evans, that is the wind beneath our sails and is the fuel for what we do. So Representative Dwight Evans, please come and accept this honor. (Applause.) REPRESENTATIVE EVANS: I'd also V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Councilperson, Councilperson Marian Tasco, also my Councilperson, Donna Reed Miller, and also my Councilperson, Sanchez. You probably ask how do I live in all those neighborhoods. But I'd like to thank them and all of the members of Council, particularly the President of City Council, for recognizing the work that this organization does. This organization is a bottom-up organization. It is an organization that starts from the bottom and not from the top. All of the people who work in this organization in the last years are all about the business of making a difference. So I'm proud that you are recognizing them for their effort. I know a lot of people mention my name, but the reality of it is, they do the work and they implement what you see take place. So, again, I want to sincerely thank the Council for recognizing this V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 me, it's not just OARC in the City of Philadelphia. There are always a lot of fine organizations that are making a difference every single day in every single neighborhood. Thank you very much, and God bless.
Just say hello to the other people who are here. Jack Kitchen, our wonderful President, CEO and Executive Director of OARC. We're glad to have him here. (Applause.)
Our Board members and supporters, Phyllis Benson, Melanie Shark. (Applause.)
And with that, Councilwomen Tasco and Miller and Sanchez, I turn it back over to you. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
Thank you. Council will be at ease. (Council at ease.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am transmitting herewith for the consideration of your honorable body an ordinance amending Bill No. 070994-A, approved December 21, 2007, entitled "Authorizing the Director of Finance, Commissioner of Public Property and other officials of the City to execute either directly or through the Philadelphia Authority for Industrial Development various agreements, V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 other transactional documents by and among the City, the Commonwealth of Pennsylvania and the Pennsylvania Convention Center"; and An ordinance authorizing the City Solicitor, on behalf of the City, to enter into a multi-year lease or lease purchase agreement with a provider of personal and laptop computers; and An ordinance authorizing transfers in appropriations for Fiscal Year 2009 from the Grants Revenue Fund, the Director of Finance - Provision for other grants to the General Fund, the Director of Finance - Indemnities; and An ordinance amending Chapter 12-2400 of The Philadelphia Code, entitled "Hotel Room Rental Tax," by providing for an additional excise tax on hotel room rentals and designating the expenditures for which such tax shall be used, all under certain terms and conditions. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
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 very much. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 17-104 of The Philadelphia Code, relating to V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 "Prerequisites to the Execution of City Contracts," by adding a new subsection prohibiting the acceptance of bids on City contracts from, or the execution of original or renewal contracts with, corporations or other business entities that do business in Iran or Sudan, and imposing duties on the Procurement Department with respect to said prohibition and certain other related matters.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 17-107 of The Philadelphia Code, entitled "Contractors: Labor-Management Relationships," to transfer certain occupational classifications from the definition of Service Contracts to the definition of Building or Construction Work.
This bill will be referred to the appropriate V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 committee.
And a resolution recognizing Halloween, the Greater Philadelphia Tourism Marketing Corporation, a company that knows how to promote all things fun in Philly, and its partners.
The Chair recognizes Councilman Kenney for a motion.
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. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce four resolutions and two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting the exhibiting, displaying or selling any washing machine, clothes dryer, refrigerator, ice box or other household appliance measuring more than one cubic foot on City sidewalks.
The bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Philadelphia of the proposal set forth in a Resolution approved by Council proposing amendment of 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.
This bill will also 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 6th and 27th Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.) V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And 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, and providing for the submission of the amendment to the electors of Philadelphia.
The resolution will be referred to the V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 appropriate committee.
And a resolution recognizing and honoring Mercy Philadelphia Hospital on the occasion of its 90th anniversary.
The Chair again 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 say aye. (Aye.)
And a resolution V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 calling on the City Council Committee on Education to hold hearings on the need to improve student performance and to narrow the achievement gap in Philadelphia public schools.
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 Greenlee. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
Thank you, Madam President. I offer one bill, which is co-sponsored by Councilman Jones.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by amending Chapter 10-300, entitled "Minors," by providing for the establishment of a daytime curfew for minors of compulsory school age on days when such minors are required to be in school, providing for penalties, adding definitions and making certain technical changes, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Councilwoman Krajewski.
Thank you, Madam President. I offer two bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2009 from the Grants Revenue Fund, the Director of Finance Provision for other grants to the General Fund, the Director of Finance.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-1619, entitled "Frankford Avenue Special District Controls."
This V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 bill will be referred to the appropriate committee.
And a resolution honoring the Polish-American String Band on their 75th anniversary.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 President, I offer one resolution on your behalf. I offer three resolutions and one bill on my behalf.
The Chief Clerk will please read the title of the bill.
An ordinance amending Bill No. 070994-A, approved December 21, 2007, entitled, "Authorizing the Director of Finance, Commissioner of Public Property and other officials of the City to execute either directly or through the Philadelphia Authority for Industrial Development various agreements, instruments of conveyance and other transactional documents by and among the City and the Commonwealth of Pennsylvania."
The bill will be referred to the appropriate committee. And I believe that Councilwoman Tasco had two bills; did she not?
I have two V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 bills, Madam President. I'm sorry.
And an ordinance amending Chapter 19-2400 of The Philadelphia Code, entitled "Hotel Room Rental Tax," by providing for an additional excise tax on hotel room rentals and designating the expenditures for which such tax will be used.
The bill will be referred to the appropriate committee.
And a resolution recognizing the 18th anniversary of the Memory Walks in October and observing National Alzheimer's Awareness Month in November 2008 in the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.) V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Philadelphia City Council Committee on Public Health and Human Services to hold hearings on findings and recommendations of the Working Poor Families Project in the recent report entitled "Working Hard Still Falling Short - America's Working Families and the Pursuit of Economic Security."
I move for V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 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 Keystone Mercy Health Plan for receiving the National Committee for Quality Assurance Award for innovative efforts to reduce healthcare disparities.
I move for the adoption of the resolution. (Duly seconded.) V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution declaring October 25th as Dr. W.E.B. DuBois Day.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you. Thank you, Madam President. Today I have three resolutions and two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 10-800 of The Philadelphia Code, entitled "Safety," by amending Section 10-818, entitled "Firearms in Public Places," by creating mandatory penalties for the illegal public carrying of firearms in the City of Philadelphia. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 10-800 of The Philadelphia Code, entitled "Safety," by adding a new Section 10-839, entitled "Unlawful Sale or Transfer of Firearms," creating mandatory penalties for the illegal sale of firearms in the City of Philadelphia.
This bill will be referred to the appropriate committee.
And a resolution recognizing, honoring and celebrating Dyana Williams for her exceptional talents and her constant force in the entertainment industry over three decades.
I move for the adoption of the resolution. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution proclaiming October 2008 as Crime Prevention Month.
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. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 All in favor will indicate by saying aye. (Aye.)
And a resolution proclaiming the week of October 5th, 2008 as National Fire Prevention 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.)
Those opposed? V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 (No response.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I have one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by B Street, Erie Street, G Street and Tioga Street.
The bill will be referred to the appropriate committee.
And a resolution recognizing Hispanic Heritage Month and V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 the Latino employees of the City of Philadelphia.
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 one bill V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 co-sponsored by Councilwoman Quinones-Sanchez and Councilman Jones, and one resolution co-sponsored by Councilman O'Neill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 20-301 of The Philadelphia Code, entitled "Payment of Salaries," and Section 22-307, entitled "Payment of Retirement Benefit," to require that all payments of salaries and pension benefits be made by electronic fund transfer (direct deposit) to a financial institution designated by the recipient, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Labor and Civil Service and Technology and Information Services to hold joint hearings to explore the implementation of technology and changes in the workflow processes to enable the City to provide better services to its citizens more efficiently.
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 V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Jones.
Good morning, Madam President. I have three resolutions and two ordinances.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Roberts Avenue, Wissahickon Avenue, Hunting Park Avenue and Fox Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 2 of an ordinance, Bill No. 060317.
This bill will be referred to the appropriate committee. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
And a resolution honoring and celebrating Philadelphia's own living local legends, Judge Doris Smith-Ribner, Action News Sports Anchor Keith Russell and Ms. Gerri H. Walker on the occasion of Black History Month.
I move for the adoption of the resolution, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 authorizing Council's Committee on Commerce and Economic Development to hold hearings to identify ways that the City of Philadelphia can play a proactive role in facilitating business programs between Philadelphia and Israel to further the creation of local jobs while expanding the City's profile in the global economy.
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. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
And a resolution proclaiming November 2008 as Lung Cancer Awareness Month.
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 is adopted. The Chair now recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer two bills and three resolutions.
Thank you. And before the Chief Clerk reads the first bill, I understand it's Councilwoman Brown's birthday today and I see she was presented with roses. Happy birthday. (Applause.)
The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by creating a new Chapter relating to energy conservation, by providing for certain V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 requirements regarding the efficient operation of air conditioning and coolant systems.
The bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter authorizing City Council to provide, by ordinance, for bid preference in the awarding of public contracts, for businesses whose products, services or operations demonstrate a high level of environmental stewardship.
This bill will be referred to the appropriate committee.
And a resolution honoring the 17th annual My City, My Place, Brighter Futures Awards Event and commending members of the Public V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Awareness Committee for working to include people with mental retardation in everyday community life.
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 say aye. (Aye.)
And a resolution calling on City Council Committee on Education to hold hearings investigating the status of after-school programs V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 throughout the City of Philadelphia and preparing our students to succeed in a globalized 21st century economy.
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 say aye. (Aye.)
And a resolution proposing an amendment to the Philadelphia Home Rule Charter authorizing City Council to provide, by V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 ordinance, for bid preferences in the awarding of public contracts, for businesses whose products, services or operations demonstrate a high level of environmental stewardship.
Oh, I'm sorry. That has to do with the Charter. That will be referred to the appropriate committee. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 certain areas of land located within an area bounded by 11th Street, Filbert Street, 10th Street and Market Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 14-400 of The Philadelphia Code, entitled "Commercial Entertainment District," by adding provisions relating to proposed projects in the Center City area and relating to public art, by providing for revised effective dates.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have three bills and one resolution. Madam President, as indicated earlier, the one resolution I will not be asking for a vote today but next week.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307 by relocating the westerly curb line and house line of 15th Street between Arch and Cherry Street.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Howard Foreman, owner of the Caribbean Restaurant, 1338 V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 to 44 Rising Sun Avenue, for a raised deck encroachment for accessory seating.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 14-1402 of The Philadelphia Code, entitled "Parking in Residential Districts," by imposing restrictions on off-street parking in front of residential buildings, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution amending Resolution No. 080001, which provides Rules for the Government of the Council of the City of Philadelphia, by adding procedures for Council's consideration of bills that authorize the City to acquire, convey or lease to a third party any interest in real estate that includes park or recreation land or V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
We will consider this resolution at our next session of Council. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees, and the Chair recognizes Councilwoman Tasco for a report on 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 V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Philadelphia, the Committee on Finance, to which was referred Bill No. 080627, entitled "An ordinance amending Section 19-203 of The Philadelphia Code, entitled 'Payroll Deductions,' to add the Correctional Peace Officers Foundation to the list of designated payees to whom an employee may direct payroll deductions"; and Bill No. 080634, entitled "An ordinance further amending Bill No. 070368, entitled 'An ordinance approving the Fiscal Year 2008 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works, as previously amended by Bill No. 080076, by approving a further revised Capital Budget for Fiscal Year 2008," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Tasco.
I move that the rules of Council be suspended so as to permit first reading this day of Bills 080627 and 080634. (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 will be placed on our First Reading Calendar for today. The Chair now recognizes Councilman Goode for a report from the V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Economic Development.
Thank you, Madam President. The Committee on Commerce and Economic Development reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Commerce and Economic Development, to which was referred Bill No. 080573, entitled "An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled 'Business Privilege Taxes,' by expanding the program under which a credit against business privilege taxes is given to certain businesses that contribute monies to community development corporations undertaking economic development activities within the City of V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 10/16/08 - STATED - 1ST READING Philadelphia, 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 bill just read will be placed on our First Reading Calendar for our next session of Council. The next order of business is the consideration of the Calendar. I would ask the Chief Clerk to please read the bills on the First Reading Calendar.
Bill No. 080627, an ordinance amending Section 19-203 of The Philadelphia Code, entitled "Payroll Deductions," to add the Correctional Peace Officers Foundation to the list of designated payees to whom an employee may direct payroll deductions.
And Bill No. 080634, an ordinance further amending V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 10/16/08 - STATED - 2ND READING Bill No. 070368, entitled, "An ordinance approving the Fiscal Year 2008 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works."
The Chair agrees. The Chair now recognizes Councilwoman Tasco for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Madam President, Bill 080468 is being called up for amendment, to be amended.
Thank you. I would ask the Chief Clerk to please read the title of Bill No. 080468. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 10/16/08 - STATED - 2ND READING
An ordinance amending Section 9-1103 of The Philadelphia Code, entitled "Unlawful Employment Practices," and enacting a new Chapter 9-3200, entitled "Entitlement to Leave Due to Domestic or Sexual Violence," to provide that certain employees may take unpaid leave from work to address domestic or sexual violence, all under certain terms and conditions.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I'll be offering a couple of amendments to this bill today, which were circulated previously. Just a quick explanation. These amendments were worked out with the advocate community, many of the same people who were honored here today and are still sitting here behind us. Basically what it does is clear up any V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 10/16/08 - STATED - 2ND READING possible conflict with the Family Medical Leave Act and also put some time limitations on the bill, and the reason we're doing that is to kind of prove to the naysayers and the doom sayers that this will have some terrible effect on businesses, that indeed it doesn't, that it will be just like many other cities and states who have adopted this bill, that what it will do is help people who need help. And I'm hoping next week this amended bill will be passed, and I think it's appropriate in Domestic Violence Awareness Month that that should be done. So saying that, Madam President, I move the adoption of the amendments. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will indicate by saying aye. (Aye.) V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
The ayes have it and the amendments are adopted. That concludes our Calendar for today, believe it or not. Are there any speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Brown.
Yes, Madam President. I'd like to extend an invitation to my colleagues, but I'd like to also take a couple of minutes just to provide context. On April 30th of this year, my colleague, Councilman Jones, and I and the City Council Committees on V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 a hearing wherein we heard from advocacy groups and stakeholders from the bicycling community, because there's a growing interest, if you will, for our city to have a citywide public bike share program. Today there's a follow-up luncheon in our Council Caucus Room where we will hear from a number of individuals and watch a video on why we believe this is a smart way for us to go in the future. So I invite all of my colleagues and their staff to join us after Council in the Caucus Room to learn more about a citywide bike share program. Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Madam President, with less than three weeks to go before we V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 President, Senators Obama and McCain are both working hard to convince American voters that they are the best candidate to lead our country in these troubling times. However, in selecting our next President, we must be careful to separate the facts from the rhetoric. In particular, I raise this issue because of the recent attacks against the Association of Community Organizations for Reform Now, known as ACORN. In the past few weeks, various parties have attempted to paint ACORN as either the group that bullied Washington into allowing lenders to give subprime loans that caused the current financial crisis, to an extremist group that engages in a vast conspiracy of voter fraud. These allegations are inaccurate distortions of the truth and just plain lies. With regard to subprime loans and also payday loans, ACORN is the organization that was out front leading V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 the alarm regarding these predatory products that have been defrauding citizens and homeowners for years. It is due to greed and deregulation that have allowed for these loans to be bundled into investment products that have caused our current financial crisis. For years, ACORN has been an advocate against lending discrimination and access to credit for low-income and minority populations. Now the very parties that would not lend to these communities and then preyed upon them through predatory loan products and who ultimately caused our current financial crisis are attempting to rewrite history by blaming ACORN, the advocate against their actions, as the cause of their own unethical and unscrupulous behavior. As you'll remember, ACORN was the partner with this City Council in passing anti-predatory lending in this Chamber. The issue regarding voter fraud V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 a lie and distortion. Contrary to the incorrect reports, ACORN is the victim of perpetrators of voter fraud and not the organizer. In attempting to register primarily low-income and community people to vote, ACORN hired independent contractors for voter registration drives. Some of these independent contractors defrauded ACORN by being paid for doing voter registration work. However, these contractors submitted fraudulent names and did not do the hard work which ACORN paid them to do. And ACORN, by the way, pointed this out when those forms were turned in to the local election bureaus. Accordingly, ACORN is not the organizer of voter fraud, but merely the victim in two ways: Loss of vital resources paid to con artists and vicious attacks in the media. Throughout my career, I have been a strong advocate for voting rights V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 citizens who for too long have been denied access to credit. Through my work in City Council, with the National League of Cities and various entities, I have been an advocate against predatory and payday lending, and ACORN has been a partner with me and many other governmental entities across this country in this fight for justice. As this election season comes to a close, let's not allow history and facts to become confused with rhetoric as each candidate works to win this election. In this regard, short-term partisan attacks should not be used to vilify good groups like ACORN that have helped so many in our city, our state and in our country. Thank you very much.
Are there any other speeches on the part of V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 majority? Councilwoman Tasco.
But this is something I'd like to share with you to show the hard work and tenacity of one of my employees. On Wednesday, October the 22nd at 11:00 a.m. at the corner of Rising Sun Avenue and Fanshawe Street, a plaque will be dedicated in honor of Officer Gottlob Klemmer, who died on September the 11th, 1927 from injuries sustained in the line of duty on January 14, 1919. Officer Klemmer had never been honored in the City, and it would not have happened without the hard work of Kathy Wersinger of my office standing over there.
35th Ward. (Applause.) V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
While researching a plaque dedication for fallen Officer Joseph Kelly, Kathy learned about Officer Klemmer's death due to a shooting in her Lawncrest neighborhood. Kathy then working with the 35th Ward Leader, Bill Dolbow, the Second Police District and John Campisi of the Northeast Times were able to get a number of news articles written about Officer Klemmer in the local papers, because we had no contact with the family, didn't know any family members. As a result of these articles -- and she went to the library to do a lot of research on her time -Officer Klemmer's grandson, Carl Klemmer, Jr. called the Northeast Times in response to the articles, and Kathy was able to meet with Carl and Officer Klemmer's daughter, Ruth Shelton -- and I believe she's 88 years old -- and her niece, Martha Dowditch. After meeting with the family, Kathy reached out to V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Nutter, Police Chief Ramsey, Michael Lutz of the FOP and attorney Jimmy Binns so that a plaque could be dedicated to fallen Officer Gottlob Klemmer. I would like to publicly thank Kathy for her hard work on behalf of this family and for her tenacity in getting this done. It took some time, and she worked hard to do it. So we thank you. (Applause.)
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. I move that Council stand adjourned until Thursday, October 23, 2008, 10:00 a.m. (Duly seconded.) V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3
It has been moved and seconded that Council stand adjourned until Thursday, October 23rd. All in favor will say aye. (Aye.)
The ayes have it. The motion carries, and Council will stand adjourned. Thank you. (Stated Meeting adjourned at 11:15 a.m.) V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 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 October 16, 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.) V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3