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Minutes

Stated Meeting, October 16, 2008

Philadelphia City CouncilOct 16, 2008

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Council President Verna

The Chair again recognizes Councilman Jones.

Councilman Jones

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chair now recognizes Councilman Goode.

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.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I offer two bills and three resolutions.

Council President Verna

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.)

Council President Verna

The Chief Clerk will please read the title of the first bill.

Chief Clerk

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.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

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.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

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.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

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.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

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.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President.

Council President Verna

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.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first bill.

Chief Clerk

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.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

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.

Council President Verna

This bill will also be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I have no bills or resolutions.

Council President Verna

The Chair thanks the gentleman. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 The Chair recognizes Councilman Clarke.

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.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first bill.

Chief Clerk

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.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

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.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

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.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

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

Council President Verna

We will consider this resolution at our next session of Council. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, no bills or resolutions today.

Council President Verna

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.

Councilwoman Tasco

Madam President, the Committee on Finance reports two bills with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report.

Chief Clerk

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.

Council President Verna

Thank you. V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3 Tasco.

Councilwoman 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.)

Council President Verna

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.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Councilman Goode

Thank you, Madam President. The Committee on Commerce and Economic Development reports one bill with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report.

Chief Clerk

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.

Council President Verna

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.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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."

Council President Verna

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.

Councilwoman Tasco

Thank you, Madam President. Madam President, Bill 080468 is being called up for amendment, to be amended.

Council President Verna

And all other bills are being held.

Councilwoman Tasco

All other bills are being held.

Council President Verna

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

Chief Clerk

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.

Council President Verna

Thank you. The Chair recognizes Councilman Greenlee.

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.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.)

Council President Verna

Are there speeches on the part of the majority? The Chair recognizes Councilwoman Brown.

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.

Council President Verna

Thank you. The Chair recognizes Councilwoman Tasco.

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.

Council President Verna

Thank you. (Applause.)

Council President Verna

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.

Councilwoman Tasco

I'm full of speeches today.

Council President Verna

Okay.

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.

Council President Verna

Is Kathy here?

Councilwoman Tasco

35th Ward. (Applause.) V A R A L L O Incorporated 71424304-26ad-45aa-a5fd-32de33c891c3

Councilwoman Tasco

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.)

Council President Verna

Are there any other speeches on the part of the majority? (No response.)

Council President Verna

Seeing none, the Chair recognizes Councilman Clarke for a motion to adjourn.

Councilman Clarke

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

Council President Verna

It has been moved and seconded that Council stand adjourned until Thursday, October 23rd. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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