COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, December 8, 2005 10:36 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: ANNA C. VERNA, President BLONDELL REYNOLDS BROWN W. WILSON GOODE, JR. JACK KELLY JAMES F. KENNEY JUAN F. RAMOS FRANK RIZZO FRANK DiCICCO JANNIE L. BLACKWELL MICHAEL A. NUTTER DARRELL L. CLARKE JOAN L. KRAJEWSKI RICHARD T. MARIANO DONNA REED MILLER MARIAN B. TASCO V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, PA 19103
I would like to announce that an Executive Session of Council will now be held in the Caucus Room for the purpose of deliberating on applications for take-out beer permits under Act 39. Council will reconvene immediately at the conclusion of the executive session, which I assume you will take no more than five minutes. So we will be back shortly. Thank you. (Short recess.)
Good morning everyone. I note that a quorum of this Council is present. This Council session shall now reconvene. Council will please come to order, members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Pastor Damon Jones of the Bible Way Baptist Church. He is here today as the guest of Councilman Nutter. At this time I would ask all members and guests to please rise. INVOCATION
If every head would bow. Dear God, for blessing us with this day we are grateful to you. We thank you, Lord, for who you are and for what you mean in all of our lives. We are so grateful for allowing us this wonderful opportunity to be in this place on this day. You have blessed us, Lord, to operate in this great City of Philadelphia. And so we pray, Lord, for this city and its citizens. We thank you, Lord, for each neighborhood that comprises this city. We thank you for each district. We thank you for each Council person. Pray God that you would continue to anoint them not only with knowledge, but with wisdom from above. We thank you for our City Council President, as well as all of the Council persons. We thank you, Lord, for our Mayor. We thank you for all of the staff people. And we pray, God, that as we conduct APPROVAL OF THE JOURNAL your business on this day, that ultimately everything will be done for your glory, your honor, and for your praise. And, so, we invoke your presence right now at this moment on these proceedings, that everything we would do today would be ultimately to worship you. Bless us now, God. Continue to watch over us and keep us. For it is in Jesus' name we do pray with thanksgiving. Amen.
Amen. The Chair thanks Pastor Jones for his very inspiring invocation. Council will be at ease. (Council stands at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, December 1, 2005. And the Chair recognizes Councilman Kenney for a motion.
It has been moved and properly seconded that the Journal of the meeting of Thursday, December 1, 2005, stand approved. All in favor will please indicate by saying aye. Those opposed? The ayes have it. The motion carries, and the Journal of the meeting of Thursday, December 1, 2005, is approved. The next order of business is requests for leave of absence. And the Chair recognizes Councilman Kenney.
On behalf of Councilwoman Tasco, a leave is requested.
Thank you. Leave will be granted. The Chair recognizes Councilman Rizzo.
Madam President, a leave is requested for Councilman Brian O'Neill, he is out of town on city business.
The Chair thanks WELCOME GUESTS AND VISITORS the gentleman. Leave will be granted. The Chair will dispense with the regular order of business to recognize 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. I certainly would be remiss if I did not recognize two people who are in the audience, who are certainly no strangers to any of us, Linda Saida and Bob Borris. If they would stand, we would like to acknowledge you. Welcome. (Applause.)
At this time the Chair recognizes Councilman Clarke, who will present a resolution honoring the Samuel T. Freeman Company and Auction House. Will Mr. Samuel Freeman, II, and those accompanying him, please join the Councilman at the podium. RESOLUTIONS Councilman Clarke is being joined by Councilman Kenney. The Chair recognizes Councilman Clarke.
Thank you, Madam President. A Resolution honoring Samuel T. Freeman and Company Auction House on its 200th anniversary of continued business operation and success in the City of Philadelphia. Whereas, Samuel T. Freeman and Company, the oldest auction house in America, was established on November 26, 1805, and has a history replete with records that are interwoven on the fabric of the City of Philadelphia; And whereas, when Samuel T. Freeman arrived in Philadelphia in 1795, it was primarily a real estate and industrial auctioneer selling land and contents of ships that trade into Philadelphia; Whereas, in the early 1880s, Samuel T. Freeman and Company achieved a record for selling the Philadelphia Post Office building for $425,000; and... RESOLUTIONS
Whereas, during World War I, Freeman's was selected by the U.S. government to sell over $350 million of surplus wool remaining from World War I, making the company a national force, and in 1922 consummated the sale with the gun powder industry of Nitro, West Virginia, which was the largest in the company's history and by war's end auctioned off four battleships in Philadelphia and Boston in 1924; And whereas, in 1923, after moving to 1808 Chestnut Street, Freeman's had the distinction of selling the 1682 Charter of Liberty from King Charles to William Penn, which set out the liberties and laws that would govern the young Commonwealth of Pennsylvania; Whereas, during the 1940s, Freeman helped disburse the collection of Edward T. Stotesbury's White Marsh Hall, a 147-room home that French Statesman George Clemenceau described as the Versailles of America; And whereas, throughout the 1960s and '70s, Freeman's accomplished such RESOLUTIONS noteworthy sales as a desk reputed to be Benjamin Franklin's to Independence National Park, a John Dunlop print of the Declaration of Independence, and Thomas Afleck's chest on chest to the Metropolitan Museum of Art; Whereas, in 1997 Freeman's achieved yet another record for selling a pair of Philadelphia porcelain urns made by William Ellis Tucker for $291,000 and in 2004 the Old Mill Washington's Crossing by Edward Willis Redfield was sold at record $625,000.
Whereas, through the past 200 years, Samuel T. Freeman and Company Auction House has maintained remarkable success, achieving impressive prices for equally impressive objects of art and history. Now therefor resolved by the Council of the City of Philadelphia that Samuel T. Freeman and Company Auction House be honored on its 200th anniversary of continued business operation and success in the City of Philadelphia. Further resolved that an engrossed RESOLUTIONS copy of this resolution be presented to the owners and the operators of Samuel T. Freeman's Auction House, supported by Council President Verna and all members of City Council. Congratulations. (Applause.)
Madam President, I am sorry I am in front of you. Mr. Clarke, Mr. Kenney, and all others here, members of Council, thank you very much. Indeed, I am humbled, I'm honored, and I'm proud to be here today to accept this proclamation. Freeman's has been here for 200 years, as you have heard. We intend to be here for as long after 200 as we can. Life is different here in Philadelphia, but it's a good working environment. And we will do everything to honor Philadelphia's name and carry forth its major auction house. Thank you very much. COMMUNICATIONS (Applause.)
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 consideration of your honorable body, a draft of a resolution entitled, a resolution approving an amendment to the Redevelopment Contract and Disposition Supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of an additional portion of the Point Breeze East Urban Renewal Area.
Thank you. The messages will be printed in the Journal. INTRODUCTION OF BILLS AND RESOLUTIONS The Chief Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions. And at this time the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. INTRODUCTION OF BILLS AND RESOLUTIONS Those opposed? The ayes have it, and the motion carries. At this time the Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce three resolutions, two of which are on your behalf.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution recognizing the 50th anniversary of the Gospel Stirrers and congratulating its members for their legendary gospel music.
Thank you, INTRODUCTION OF BILLS AND RESOLUTIONS 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. Those opposed? The ayes have it, and the resolution is adopted.
A resolution approving an amendment to the Redevelopment Contract and Disposition Supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of an additional portion of the Point Breeze East Urban Renewal Area.
Thank you, Madam President. I move for the adoption of the INTRODUCTION OF BILLS AND RESOLUTIONS resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the resolution is adopted.
And a resolution providing for the use of a consent agenda in the consideration of bills on Council's final passage calendar.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
And I would like to remind my colleagues that that resolution was distributed yesterday, discussed in the INTRODUCTION OF BILLS AND RESOLUTIONS caucus room. So it has been moved and seconded. All in favor will indicate by saying aye. Those opposed? I think I hear a little no coming from that part of the room, but we're going to ignore it. The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer two bills and two resolutions. INTRODUCTION OF BILLS AND RESOLUTIONS
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 9 of the Philadelphia code entitled "Regulation of Business, Trades, and Professions," to allow for the liability of property owners who permit the erection or maintenance of outdoor advertising signs on their property.
An Ordinance to amend the Philadelphia Zoning Maps, by changing the zoning designations of certain areas of land located within an area bounded by Mount Pleasant Avenue, Chew Avenue, and Sedgwick Street, and Germantown Avenue.
This bill will be referred to the appropriate committee.
A resolution authorizing City Council's Committee on Public Safety to hold hearings to identify and record what comprehensive, holistic measures are being INTRODUCTION OF BILLS AND RESOLUTIONS employed to reduce and prevent violence, particularly gun-related violence, which include, in addition to anti-gun violence legislation, various educational, mental health, social, economic, cultural programs and strategies.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. Those opposed? The ayes have it, and the resolution has been adopted and will be referred to the Committee on Public Safety.
And a resolution endorsing the public safety campaign of Pennsylvania Against Trafficking Handguns and joining the efforts to gather support for urging the Pennsylvania General Assembly to INTRODUCTION OF BILLS AND RESOLUTIONS enact a statewide One Handgun Per Month Law in the 2005-2006 legislative session.
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 please indicate by saying aye. Those opposed? The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Nutter.
The clerk will please read the title of the first resolution.
A resolution commending the Wharton School of the University of INTRODUCTION OF BILLS AND RESOLUTIONS Pennsylvania for its 125 years of educational excellence and innovation in business teaching, research, and service.
Thank you, Madam President. I move the adoption the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the resolution is adopted.
And a resolution requesting the Mayor to return to Council Bill No. 0502 -
The Chair INTRODUCTION OF BILLS AND RESOLUTIONS recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the Councilwoman. And the Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. INTRODUCTION OF BILLS AND RESOLUTIONS I offer two resolutions.
The Chief Clerk will please read the title of the first resolution.
Calling on the Pennsylvania Society to cease holding its annual event in New York City and relocate the event to the State of Pennsylvania or a rotating basis between various geographic areas.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. Those opposed? The ayes have it, and the resolution is adopted. INTRODUCTION OF BILLS AND RESOLUTIONS The Chief Clerk will please read the title of the second 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 located in the 39th Ward of the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. Those opposed? The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Clarke. While we are waiting for Councilman INTRODUCTION OF BILLS AND RESOLUTIONS Clarke, I will recognize Councilman Kelly. Councilman Kelly, do you have any bills or resolutions?
Madam President, I am co-sponsoring the resolution that Councilman Clarke introduced, for the record. But I have nothing that I am going to introduce by myself.
You do not. Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, we have one ordinance co-sponsored by yourself, Councilman Nutter, Councilman Kelly, and Councilman Clarke. I have two resolutions, one INTRODUCTION OF BILLS AND RESOLUTIONS resolution co-sponsored by Councilman Nutter, Councilwoman Miller, Councilman Rizzo, and myself.
Very good. The Chief Clerk will please read the title of the bill.
An Ordinance amending the Ordinance approved July 3, 1885, which authorizes the construction of a railroad by the Schuylkill River East Side Railroad Company and its entry upon and occupation of certain streets, by defining certain terms and by adding additional conditions on the authority of said railroad.
And a resolution authorizing the Committee on Transportation and Public Utilities to hold hearings regarding the recently recontinued advertising of alcoholic products in and on SEPTA owned and operated vehicles and property in the City of Philadelphia.
The Chair INTRODUCTION OF BILLS AND RESOLUTIONS recognizes Councilman Clarke.
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. Those opposed? The ayes have it, and the resolution will be referred to the Committee on Transportation and Public Utilities.
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 Model Cities Urban Renewal Area.
Move for the adoption, Madam President. (Duly seconded.) REPORTS FROM COMMITTEES
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by say aye. Those opposed? The ayes have it, and the resolution is adopted. The next order of business is reports from committees. And at this time the Chair recognizes Councilman Clarke for a report from the Committee on Rules.
Madam President, the Committee on Rules reports six bills with a favorable recommendation and one bill with no recommendation.
To the President and the members of the Council of the City of Philadelphia: The Committee on Rules, to which was referred Bill No. 050953, an Ordinance amending Section 14-305 of the Philadelphia Code, entitled "C-4 Commercial REPORTS FROM COMMITTEES and C-5 Commercial Districts," by increasing the permitted floor area of lots. And Bill No. 050954, entitled an Ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located with an area bounded by Bluegrass Road, Grant Avenue, Ashton Road, and Willits Road. And Bill No. 051021, entitled an Ordinance approving the 17th amendment of the redevelopment proposal for the South Central urban renewal area. And Bill No. 051022, entitled an Ordinance approving the 6th amendment of the redevelopment proposal for the Point Breeze East Urban Renewal Area. And Bill No. 051026, entitled an Ordinance amending Section 14-1402 of the Philadelphia Code, entitled "Parking and Residential Districts," by restricting off-street parking in residential districts. And Bill No. 051094, entitled an Ordinance to amend the Philadelphia zoning maps by changing the zoning designations of REPORTS FROM COMMITTEES certain areas of land located within an area bounded by Frankford Avenue, Cardette Drive, St. Dennis Drive, the Poquessing Creek, and I-95. Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation. And Bill No. 051028, an Ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by adopting a new Chapter 14-400 entitled, "Commercial Entertainment District," under certain terms and conditions, respectfully reports it has considered the same and returns the attached bill to Council with no recommendation.
Thank you. The Chair, again, recognizes Councilman Clarke.
Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of Bills No. 050953, 050954, 051021, 051022, 051026, and 051094. (Duly seconded.) REPORTS FROM COMMITTEES
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bills No. 050953, 050954, 051021, 051022, 051026, and 051094. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the bills just read will be placed on our first reading calendar for today. Bill No. 051028 will be placed on our first reading calendar at our next session of Council. The Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out five bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report. REPORTS FROM COMMITTEES
To the President and members of the Council of the City of Philadelphia: The Committee on Finance, to which was referred Bill No. 040470, entitled an Ordinance amending Chapter 19-2500 of the Philadelphia Code, entitled "Real Estate Nonutilization Tax," by clarifying and amending the tax on abandoned property and vacant lots. And Bill No. 050303, entitled an Ordinance amending Chapter 19-1300 of the Philadelphia Code, entitled "Real Estate Taxes," by providing for an economic opportunity plan as a condition for the grant of certain tax abatements. And Bill No. 051136, entitled an Ordinance authorizing an amendment of the Philadelphia Facilities Management Corporation agreement to extend the repayment period for temporary financing that the city may provide the Philadelphia Gas Works. And Bill No. 051137, entitled an Ordinance constituting the seventh supplemental Ordinance to the general Gas REPORTS FROM COMMITTEES Works Revenue Bond Ordinance of 1998. And Bill No. 051138, entitled an Ordinance authorizing generally the continued issues and sale by the City of Philadelphia of Gas Works revenue notes of the city. Respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bills No. 051136, 37, and 38. (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 Bills No. 051136, 051137, and 051138. All in favor will indicate by saying REPORTS FROM COMMITTEES aye. Those opposed? The ayes have it, and the bills just read will be placed on our first reading calendar for today. Bills No. 040740 and 050303 will be placed on our first reading calendar for our next session of Council. The Chair recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.
Thank you, Madam President. The Committee on Licenses and Inspections reports four bills out with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia: The Committee on Licenses and Inspections, to which was referred Bill No. 040604, entitled an Ordinance amending Section 19-2602 of the Philadelphia Code relating to REPORTS FROM COMMITTEES licenses to provide the Department of License and Inspections shall refrain from issuing or shall revoke the business privilege license of any person who operates any business without the requisite license. And Bill No. 050749, entitled an Ordinance amending Title 10 of the Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," all under certain terms and conditions. And Bill No. 051025, entitled an Ordinance amending Section 2 of an Ordinance, Bill No. 050204, approved June 2, 2005, entitled an Ordinance amending Title 4 of the Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by providing a different effective date that's stated therein. And Bill No. 051027, entitled an Ordinance amending Section 2 of an Ordinance, Bill No. 050203, approved June 2, 2005, entitled an Ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Business Trades and Professions," by providing REPORTS FROM COMMITTEES a different effective date than stated therein. Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Madam President, I move that the Rules of Council be suspended as to permit first reading this day of Bills No. 040604, 050749, 051025, and 051027. (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 Bills No. 040604, 050749, 051025, and 051027. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the bills just REPORTS FROM COMMITTEES read will be placed on our first reading calendar for today. The Chair now recognizes Councilwoman Miller for a report from the Joint Committees on Public Safety and Public Health and Human Services.
Thank you, Madam President. The Joint Committees on Public Safety and Public Health and Human Services report one bill with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia: The Joint Committees on Public Safety and Public Health and Human Services, to which was referred Bill No. 050865, entitled an Ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Business Trades and Professions," by adding a section prohibiting advertising of alcoholic REPORTS FROM COMMITTEES products within a certain distance of locations frequented by children, including schools, playgrounds, recreation centers, child-care centers, and libraries, respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
I move that the Rules of Council be suspended so as to permit first reading on this day of Bill No. 050865. (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 Bill No. 050865. All in favor will please say aye. Those opposed? The ayes have it, and the bill just read will be placed on our first reading calendar for today. SPECIAL ORDER OF BUSINESS Council will now proceed under a special order of business, a resolution recalling Bill No. 050202. The Chair recognizes Councilman Nutter.
Thank you. The clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 050202, entitled an Ordinance amending Section 17-109 of the Philadelphia Code, entitled "Local Bidding Preferences," by amending the terms and conditions under which a business entity may be certified or continue to be certified as a local business entity entitled to a bidding preference on city contracts for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you, Madam SPECIAL ORDER OF BUSINESS President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. Those opposed? The ayes have it, the resolution has been passed. The clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia: I am returning herewith, as requested by your resolution adopted December 8, 2005, Bill No. 050202, entitled an Ordinance amending Section 17-109 of the Philadelphia Code, entitled "Local Bidding Preferences," by amending the terms and conditions under which a business entity may be certified or continue to be certified as a local business entity entitled to a bidding preference on city contracts, for the purpose SPECIAL ORDER OF BUSINESS of reconsideration by the Council of the vote by which said bill passed Council.
The Chair recognizes Councilman Nutter for a motion that Council reconsider the vote by which Bill No. 050202 was passed.
All in favor will please indicate by saying aye. Those opposed? The ayes have it. A majority of all members having voted in the affirmative, the motion carries, and the vote by which Bill No. 050202 was passed has been reconsidered. The Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I offer an amendment to Bill No. 050202. A copy of the amendment has been circulated to all members of Council. SPECIAL ORDER OF BUSINESS And I move the adoption of the amendment. (Duly seconded.)
It has been moved and properly seconded that the amendment to Bill No. 050202 be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, and Bill No. 050202 has been amended. The bill will be placed on the second reading and final passage calendar for our next session of Council. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I would like to substitute a resolution. The urban renewal resolution that I introduced earlier, I would like to withdraw that and introduce a substitute resolution, if that's okay with you. SPECIAL ORDER OF BUSINESS
I have no objection. Is there any objection from members of the committee? Seeing none, I would ask that you submit the resolution and that the Chief Clerk please read the title of the resolution.
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 model cities urban renewal area designated as Parcels No. 329, 386, 519, and 520.
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. Those opposed? FIRST READING CALENDAR The ayes have it, and the resolution is adopted. The next order of business is the consideration of the calendar. The Chief Clerk will please read the bills on the first reading calendar.
Bill No. 050953, an Ordinance amending Section 14-305 of the Philadelphia Code, entitled "C-4 Commercial and C-5 Commercial Districts," by increasing the permitted floor area of lots.
And Bill No. 050954, an Ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located with an area bounded by Bluegrass Road, Grant Avenue, Ashton Road, and Willits Road.
And Bill No. 051021, an Ordinance approving the 17th amendment of the redevelopment proposal for the South Central urban renewal area.
And Bill No. 051022, an Ordinance approving the 6th amendment of the redevelopment proposal for the Point Breeze East Urban Renewal Area.
And Bill No. 051026, an Ordinance amending Section 14-1402 of the Philadelphia Code, entitled "Parking and Residential Districts," by restricting off-street parking in residential districts.
And Bill No. 051094, an Ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Frankford Avenue, Cardette Drive, St. Dennis Drive, the Poquessing Creek, and I-95.
And Bill No. 051136, an Ordinance authorizing an amendment to the Philadelphia Facilities Management Corporation agreement to extend the repayment period for temporary financing that the city may provide FIRST READING CALENDAR the Philadelphia Gas Works.
And Bill No. 051137, an Ordinance constituting the 7th supplemental ordinance of the General Gas Works Revenue Bond Ordinance of 1998.
And Bill No. 051138, an Ordinance authorizing generally the continued issuance and sale by the City of Philadelphia of the Gas Works revenue notes of the city.
And Bill No. 040604, an Ordinance amending Section 19-2602 of the Philadelphia Code relating to licenses to provide the Department of Licenses and Inspections shall refrain from issuing or shall revoke the business privilege license of any person who operates any business without the requisite license, all under certain terms and conditions.
And Bill No. 050749, an Ordinance amending Title 10 of the FIRST READING CALENDAR Philadelphia Code, entitled "Regulation of Individual Conduct and Activity and Noise and Excessive Vibration," by amending definitions, establishing new rules regarding prohibited conduct, providing enforcement authority to city departments, and making technical changes.
And Bill No. 051025, an Ordinance amending Section 2 of an Ordinance, Bill No. 050204, approved June 2, 2005, entitled an Ordinance amending Title 4 of the Philadelphia Code entitled, "The Philadelphia Building Construction and Occupancy," by providing a different effective date other than stated therein.
And Bill No. 051027, an Ordinance amending Section 2 of an Ordinance, Bill No. 050203, approved June 2, 2005, entitled an Ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Business Trades and Professions," by providing a different effective date other than stated SECOND READING & FINAL PASSAGE CALENDAR therein.
And Bill No. 050865, an Ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Business Trades and Professions," by adding a section prohibiting advertising of alcoholic products within a certain distance of locations frequented by children, including schools, playgrounds, recreation centers, child-care centers, and libraries, all under certain terms and conditions.
The Chair agrees. That completes the calendar for our first reading. The Chair now recognizes Councilwoman Blackwell for the purpose of calling the bills up on the second reading and final passage calendar to be considered.
Madam President, do you want the consent agenda first?
Thank you. SECOND READING & FINAL PASSAGE CALENDAR I move that the Rules of Council be suspended to permit the use of a consent agenda to consider the following bills on second reading and final passage calendar. The consent agenda bills are on , Bill No. 050857, 859, and 860; on , Bill No. 050861; and on , Bill No. 050949, 952, and 051098. (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 Bills No. 050857, 050859, 050860, 050861, 050949, 050952, and 051098. All in favor will please say aye. Those opposed? The ayes have it, the motion carries. And we will now consider the consent agenda rather shortly. The Chair now recognizes Councilwoman Blackwell for the purpose of calling the bills up for the regular second reading and final passage calendar.
Thank you, SECOND READING & FINAL PASSAGE CALENDAR Madam President. In addition to the bills being considered on the consent agenda, Bills No. 051091, 92, 93, and 051101 will be considered. And, as well, Bill No. 050862 will be moved for an amendment.
Very well. Thank you very much. We will now consider today's consent agenda. I would ask the Chief Clerk to please read the titles of the bills.
Bill No. 050857, an Ordinance amending Section 2 of an Ordinance, Bill No. 020429, approved November 13, 2002, entitled an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 258, under certain terms and conditions. And Bill No. 050859, an Ordinance establishing a no truck parking and tow-away zone regulation for an area bounded by and within Vine Street on Haverford Avenue, 54th Street to 60th Street. And Bill No. 050860, an Ordinance authorizing the revision of lines and grades SECOND READING & FINAL PASSAGE CALENDAR on a portion of City Plan No. 299 by striking from the City Plan Domino Lane, from Henry Avenue to Hagner Street, under certain terms and conditions. And Bill No. 050861, an Ordinance amending Section 5 of an Ordinance, Bill No. 050468, approved June 16, 2005, entitled an Ordinance granting permission to Maria Bontigao, owner of Tabula Rasa Cafe, by extending the period for compliance with the authorization and conditions therein. And Bill No. 050949, an Ordinance amending Section 2 of an Ordinance, Bill No. 040505, approved June 21, 2004, entitled an Ordinance authorizing a striking from City Plan Nos. 270 and 258. And Bill No. 050952, an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271, by placing on the City Plan Florist Street, under certain terms and conditions. And Bill No. 051098, an Ordinance authorizing Temple University Health Systems and Hunting Fox Associates to construct and SECOND READING & FINAL PASSAGE CALENDAR maintain a pedestrian bridge over and across Stokley Street.
Thank you. These bills having been read on two different days, the question remains for each of these bills shall they pass finally. The clerk will call the roll. And upon being called, the Council member should indicate that he or she is voting on all of the bills that were read on the consent agenda. And, if they are not voting for all of them, they have to say, I am voting for all of the bills on the consent agenda with the exception of bill number whatever it may be. I would now ask the Chief Clerk to please call the roll.
I agree SECOND READING & FINAL PASSAGE CALENDAR with all the bills on the agenda.
Councilwoman SECOND READING & FINAL PASSAGE CALENDAR Krajewski.
Council President Verna. SECOND READING & FINAL PASSAGE CALENDAR
Aye for all of the bills on the consent agenda. A majority of all members having voted in the affirmative for each of the bills, the bills on the consent agenda are passed. I would ask the clerk to please read the title of Bill No. 051091.
An Ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Aviation Fund to the Director of Finance fringe benefits.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. SECOND READING & FINAL PASSAGE CALENDAR
Council President Verna. SECOND READING & FINAL PASSAGE CALENDAR
Aye. The majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 051092.
An Ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Water Fund to the Water Department.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14, the nays are zero. A majority of all members having voted in the SECOND READING & FINAL PASSAGE CALENDAR affirmative, the bill passes. We will now consider Bill No. 051093.
An Ordinance authorizing transfers in appropriations for Fiscal Year 2005 within the General Fund from certain or all city offices, departments, boards, and commissions, to certain or all city offices, departments, boards, and commissions.
This bill have been read on two different days, the questions now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14, the nays are zero. A majority of all members having voted in the SECOND READING & FINAL PASSAGE CALENDAR affirmative, this bill passes. We will now consider Bill No. 051101.
An Ordinance authorizing transfers in appropriations for Fiscal Year 2006 within the General Fund from certain or all city offices, departments, boards, and commissions, to certain or all city offices, departments, boards, and commissions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14, the nays are zero. A majority of all members having voted in the SECOND READING & FINAL PASSAGE CALENDAR affirmative, this bill passes. The final bill to be called for consideration is Bill No. 050862.
An Ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Business Trades and Professions," by adding provisions regulating the operation of tour buses and amphibious tour vehicles, all under certain terms and conditions.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I believe all members of Council have received a copy of the amendment, and I would move for the adoption of the amendment at this time. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. Those opposed? The ayes have it, and the amendment is adopted. ACT 39 RESOLUTIONS That completes our calendar for today. We will now take up the consideration of applications for take-out beer permits under Act 39. As previously announced, Council held an executive session to conduct deliberations of these applications. At this time the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I offer five resolutions on your behalf.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution accepting the recommendation of the hearing examiner and approving with conditions the following application for a permit to sell malt and brewed beverages for consumption off premises, Torres Emporium, 4500 North 5th Street, Philadelphia, PA.
Thank you. ACT 39 RESOLUTIONS The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, the resolution is adopted. And the record will reflect that Councilman Clarke has recused himself. The Chief Clerk will please read the next resolution.
A resolution accepting the recommendation of the hearing examiner and approving with conditions the following application for a permit to sell malt and brewed beverages for consumption off premises, LW Restaurant Holdings, 1040 North Second ACT 39 RESOLUTIONS Street.
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 signify by saying aye. Those opposed? The ayes have it, the resolution is adopted. And the record will reflect that Councilman DiCicco has recused himself. I would ask the Chief Clerk to please read the title of the next resolution.
A resolution rejecting the recommendation of the hearing examiner and disapproving the following application for a permit to sell malt and brewed beverages for ACT 39 RESOLUTIONS consumption off premises, BJLM, 6249 Catharine Street.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the resolution is adopted.
And a resolution accepting the recommendation of the hearing examiner and approving with conditions the following application for a permit to sell malt and brewed beverages for consumption off premises, D&O, Inc., 1817 West Cumberland Street.
The Chair ACT 39 RESOLUTIONS recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it. The resolution is adopted. And the record will reflect that Councilman Clarke has recused himself.
And a resolution accepting the hearing examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises, 4326 Main Street Hold Co., 4326 Main Street.
Thank you, Madam President. SPEECHES 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 please indicate by saying aye. Those opposed? The ayes have it, the resolution is adopted. And the record again will reflect that Councilman Nutter has recused himself. That concludes our calendar for today. Are there speeches on the part of the minority? Are there speeches on the part of the majority? The Chair recognizes Councilman Goode.
Thank you, Madam President. On November 17, the President of the Chamber of Commerce, in testimony before this City Council, said, quote, unquote, I applaud the sponsors and hope that we can work SPEECHES out a compromise measure so the meaningful business privilege tax bill can be passed by 16 votes before the new year begins. The Chamber didn't invite all 16 members to the Prime Rib for dinner. Only days later, on November 21, they invited certain members. Chamber didn't make campaign contributions to 16 members that night. Again, only certain members. The Chamber did invite me to the Prime Rib, and I declined. And the Chamber did give me thousand dollar check, which I am ripping up. In the end, unlike the Chamber, what I really want is compromise and, more importantly, a bit more respect for my colleagues' rights to support business tax reform and not total business tax elimination. Workers and property owners should not bear the full load. I support elimination of the gross receipts portion and dramatically reducing that income portion over a long-term schedule, SPEECHES but not elimination of both. That's my position, pure and simple. Thank you.
You are welcome. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I want to thank my colleague for his remarks, especially during this very important time, when we are grappling with these tax issues. On a lighter note, certainly we invite you to our annual party for the homeless, which will be early this year. It will be a Monday, December 12, from 3:00 p.m. to 7:00 p.m., at First District Plaza, 3801 Market. Certainly if you come, this is a time where we serve all the homeless. Santa's helpers have already wrapped 1200 gifts, and we are in the process of wrapping the next batch. And it is what we to every year. SPEECHES And we will double at least those gifts we wrapped already. So if you visit our office, you will think you are in the North Pole. But, it is what we do. It is our way of trying to give back. And certainly if you have time, you are always invited. And certainly we hope that this will be a part of the holiday season that will help to put us in a festive mood. Thank you, Madam President.
You are welcome. The Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I wanted to recognize a young person who is spending some time with me today. Many of us have had students, whether in high school or in college, spend a day with any one of us, many times as a result of a school assignment. The young lady who is with me today, she is right behind me, Stephanie McDuffy, is SPEECHES a constituent and also a junior at Temple University, who decided on her own, not related to a course assignment, that she wanted to learn more about local government and spend some time here with us in City Council. And I just wanted to recognize her and applaud her interest in our government here today.
If she would stand, we would love to recognize you. (Applause.)
Welcome. Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I would simply like to go on record in acknowledging Councilman Goode's offer that there be compromise. I have and continue to be open to compromise on business privilege tax measures, only to the extent that city services, of which the business community benefits from in MOTION TO ADJOURN this town, only to the extent the city services are protected; and to the extent that we look at and care about anticipated additional burdens on the budget with regards to our city's public service employees and other matters that ultimately drain and draw on our city's budget.
Thank you. Are there any other speeches on the part of the majority? Seeing none. The Chair recognizes Councilwoman Blackwell for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, December 15, at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, December 15 at 10:00 a.m. All in favor will say aye. Those opposed? The ayes have it, the motion MOTION TO ADJOURN carries. Thank you. (Stated Meeting adjourned at 11:40 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, December 8, 2005, were reported fully and accurately by me, and that this is a correct transcript of same. _________________________ DEBRA A. WHITEHEAD