COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 21, 2009 10:25 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Father Dan Ruff of Old St. Joseph's Church. He is here today as the guest of Councilman DiCicco. I would ask all members and guests to please rise. (Members and guests rise.)
Let us pray. God of power and might, wisdom and justice, through you authority is rightly administered, laws are enacted and judgment is decreed. Assist now with your spirit of wisdom and fortitude the members of this City Council. Guide them to exercise the ministry of service to all, not the few. the public interest, not merely a welter of competing private claims. Help them to exercise the power of their office for the healing of differences with justice and mercy and love. May they always seek the ways of righteousness, justice and compassion. And grant that they may be enabled by your powerful protection to lead our City of Brotherly Love with honesty and integrity, with justice and equality. In your holy name, we pray. (Amen.)
The Chair thanks Father Ruff for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, May 14th, 2009, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 14th, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 14th, 2009 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence, and the Chair recognizes Councilwoman Tasco.
Madam President, on behalf of the majority, there are no requests for leaves of
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Madam President, the republicans have no requests for leave of absence today.
The Chair thanks the Councilman. The Chair will dispense the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilwoman Brown.
Thank you, Madam President. It is my wonderful pleasure to welcome to the Philadelphia from the elementary school I attended. Please welcome the second grade class of the Morton McMichael Elementary School, which, of course, sits in Councilwoman Blackwell's councilmanic district, and please welcome their teacher, Mrs. Davis. If they would stand.
Thank you. At this time, the Chair recognizes Councilman DiCicco, who will be accompanied by Councilman Kenney and Councilman Green, who will present a resolution on my behalf recognizing the Honorable Louis Presenza. Will Judge Presenza and those accompanying him please join the Councilmen at the podium. DiCICCO: Thank you, Madam Chair, and good morning. A resolution recognizing the Honorable Louis J. Presenza, President Judge Emeritus, on the occasion of his retirement following 27 years of great intellect, compassion and devotion to our justice system. Whereas, the Honorable Louis J. Presenza is a graduate of St. Joseph's University and Villanova University School of Law. He was first elected Judge of Philadelphia Municipal Court in 1982 and subsequently retained to the bench in 1989, 1995, 2001 and 2007. In 1996, he was appointed the first Supervising Judge of the Court's Criminal Division where he instructed the first Treatment Court in the Commonwealth of Pennsylvania. In January 1999, he was elected President Judge of Philadelphia Municipal Court by his peers, and reelected to a second five-year term in 2004; and
Whereas, during Judge Presenza's 27 years on the bench, he has chaired or co-chaired a variety of panels and commissions addressing such diverse issues as preliminary arraignment, statewide automation, the destruction of firearms, pretrial release guidelines, video conferencing, prison population management and alternatives to incarceration. He currently serves on the City's Criminal Justice Coordinating Committee, the Mayor's Task Force to End Homelessness, the Pennsylvania Adult Drug Court Advisory Committee and the Statewide Mental Health Initiatives Task Force. Judge Presenza also serves on the Board of Directors of the National Conference of Metropolitan Courts and is Board Member Emeritus of the National Association of Drug Court Professionals; and Whereas, Judge Presenza has on Driving Under the Influence, Violation of the Uniform Firearms Act and Domestic Violence. He has lectured at continuing legal education seminars on Municipal Court practices and procedures, spoken at symposiums sponsored by the Las Vegas Metropolitan Police Department and the Office of National Drug Control Policy on methods for expeditious drug case disposition and the planning, implementation and operation of drug courts. He has also addressed the National Association of Pretrial Agencies, the Middle Atlantic States Correctional Association, the Mid-Atlantic Association of Court Management, the Pennsylvania Association on Probation, Parole and Corrections, the Pennsylvania Conference of State Trial Judges, the Pennsylvania Commission on Crime and Delinquency, the Pennsylvania Association of Court Management and the Philadelphia Bar Association Drug Court; and
Whereas, Judge Presenza served as Peer Reviewer for the Office of Justice Programs, the United States Department of Justice and Caliber Associations, and as a faculty member for the Justice Management Institute and has provided technical assistance for the American University Clearinghouse and Technical Assistance Project. He is a faculty member for the United States Department of Justice and the National Drug Court Institute for workshops and training programs for drug court professionals. Judge Presenza is past Chair of the Board of Directors of the National Association of Drug Court Professionals and founding member of the Pennsylvania Association of Drug Court Professionals, where he served consecutive two-year terms as its inaugural President; and Whereas, Judge Presenza received awards from the Philadelphia Advocacy, the Pennsylvania Conference of State Trial Judges, the Justinian Society, the Lawyers' Club of Philadelphia and the Caron Foundation. He was inducted into the NADCP's Stanley M. Goldstein Drug Court Hall of Fame in recognition of his leadership, service and preeminent contributions to the drug court field and was awarded the Justice William J. Brennan Distinguished Jurist Award by the Philadelphia Bar Association. Lawdragon Magazine named him one of the "500 Leading Judges in America." Now, therefore COUNCILMAN DiCICCO: Resolved, by the Council of the City of Philadelphia, that we hereby honor and commend the Honorable Louis J. Presenza on his stellar leadership as President Judge of Philadelphia Municipal Court and on his 27 years of inspiring contributions as a distinguished and caring jurist in our justice system. We loving family the best of health and happiness. Further resolved, that an engrossed copy of this resolution be presented to the Honorable Louis J. Presenza as evidence of the sincere sentiments and deep respect of this legislative body. Certification, this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 16th day of April 2008. Introduced by Council President Anna C. Verna, co-sponsored by all members of City Council. Congratulations. (Applause.)
It is with great pleasure that the Chair recognizes Judge Presenza for remarks. JUDGE PRESENZA: Are you sure that was me you were reading about? On a serious note, I want to thank the President, a longtime friend, City Council. Some of you were with me when we started in 1982. All of you, whether you were there in '82 or subsequently, have been supportive of me in my career, and I personally thank you for the recognition, though it was unexpected and really not necessary, but it is deeply appreciated. More importantly, I want to thank you for the support that this Council has provided to me personally over the 27 years, but also to our Municipal Court, our Treatment Court, which, again, is the first in Pennsylvania and was about the 150th in the United States. There now are well over 2,000 drug courts in the United States and a dozen in foreign countries. I also want to thank you for the support you continue to provide the First Judicial District, particularly under this time right now where budget issues are very serious and we're all deeply concerned. that, again, I thank each and every one of you for this honor. I enjoyed my 27 years on the bench, but it is time to move on. And as Councilman DiCicco asked me, Do you have any grandchildren, and I said, Yes, I have six, and I intend to spend a lot of time with them. So, again, thank you so much from the bottom of my heart. I deeply appreciate it. (Applause.)
The Chair recognizes Councilwoman Tasco, who will present a resolution honoring PRWT Services, Inc. Will Mr. Jerry Johnson and those accompanying him please join the Councilwoman at the podium. I see that Councilwoman Tasco is also being accompanied by Councilwoman
Thank you, Madam President. To Council colleagues and guests, one of my early professional experiences was with the City of Philadelphia wherein I served as an evaluation officer for the Evaluation Unit of the City's Youth Services Coordinating Office. The Executive Director and my former boss there was Willie Johnson. On his desk he kept a name plate that did not have his name, but on the name plate, he had two words, and those words were "be thorough." Today I am thrilled to be a part of this proceeding where we will now celebrate my former boss and founder, Chairman of the Board, People Really Working Together, also known as PRWT Services, Inc. This is indeed a very, very special moment for me.
So I too join in with those comments, although I I knew him when. A long time ago. He's been a man of public service in the City of Philadelphia, and I am pleased to join with my colleague and members of Council to present this resolution honoring PRWT Services, Inc. for being named as the 2009 Black Enterprise Industrial/Service Company of the Year. Whereas, PRWT Services, Inc., ("PRWT") was founded in 1988 by Chairman Willie F. Johnson, Raymond A. Saulino, Paul Dandridge and William Turner to provide and manage back-office clerical support to public and private companies; and Whereas, over 20 years later, PRWT has grown into a diverse enterprise of three companies - PRWT Services, Inc., U.S. Facilities, Inc. and Cherokee Pharmaceuticals, which provide pharmaceutical manufacturing and distribution, facilities management and maintenance, and business process services; and
Whereas, PRWT is dedicated to applying technology-based solutions, the most experienced and talented leadership and sound financial management to drive growth and success of their customers and stakeholders; and Whereas, PRWT, a nationally recognized enterprise, is one of the largest minority-owned businesses headquartered in the Greater Philadelphia region and has been ranked in the top 100 minority-owned industry businesses in the United States by Black Enterprise Magazine for the past eight years and is the first minority-owned manufacturer of active pharmaceutical ingredients in the United States; and Whereas, the mission of PRWT is an entrepreneurial, diversified, socially responsible growth company, providing quality value-added products and services to their customers and the company's a world-class minority-owned enterprise trusted to provide superior products and services with whom their customers and employees choose to work; and Whereas, throughout its history, PRWT has established itself as one of the Greater Philadelphia region's outstanding corporate citizens, and its contributions and investments are targeted across philanthropic areas, including the arts and culture, children and their families, education, and women's issues and causes. Now, therefore
Now, therefore, be it resolved, by the Council of the City of Philadelphia, that we hereby honor and recognize PRWT for being named as the 2009 Black Enterprise Industrial/Service Company of the Year. Further resolved, that an engrossed copy of this resolution be presented to Mr. Willie F. Johnson, Chairman, as evidence of the sincere sentiments of this legislative body. This is a certification of a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 21st day of May 2009. Signed by President Anna Verna, supported by all members of City Council. We congratulate PRWT on the fine work that they do and its leadership. (Applause.)
Councilwoman, thank you. Thank you very much. Thank you very much. We are very proud to be a part of the fabric of Philadelphia. We accept this award and this honor on behalf of our founder, Willie Johnson, our Chairman, and the 1,320 people and city and this state and 11 other states. It's a fast-growing, very exciting company. We're very proud of it. We're very proud to be headquartered here in Philadelphia. Thank you very much. (Applause.) UNIDENTIFIED SPEAKER: Madam President, Councilwoman Tasco, Councilwoman Blondell Reynolds Brown, members of Council, I am also honored, and I asked Jerry to give me a second. This is the first opportunity since serving with many of you in this Council that I've had the opportunity to talk from this side of the microphone. But two things I think that are important. Number one, as a company that does business around the country, the support that we've gotten from Council, the support that we've gotten from the government here and the City of Philadelphia is important, because it's difficult to work in other cities and in not supported by your home base. So we appreciate all that has been done over the last 20 years for PRWT here in the City of Philadelphia. But on a personal note, I just want to say that as one who has had the opportunity to serve as a member of the Philadelphia City Council, I have personally not been prouder to have been a member of this institution than to watch the work that you have done over the last several months to, at an arm's length, negotiate a budget that all of the people in this city can be proud of and can support. So congratulations to you all and the great work that you've done, and thank you very much. And let me introduce you to the people who are with us. Sherri Kyle-Jones is our Senior Vice-President for Public Affairs; Roberta Alford, who is our Senior Vice-President for Operations; and Sonia Weigle, who is our Planning and Operations, something close to that; and Rose Braverman, who is actually sitting over there, who may have left, who is also Senior Vice-President in the company; and Roz Long, who all of you know, worked with me when I was in Council, has been with me forever. Thank you all very much. (Applause.)
We congratulate them and thank them for having women as senior vice-presidents. Look at this cabinet. Let's give a big round of applause for that and recognize. (Applause.)
The Chair now recognizes Councilman Kenney, who will present a resolution recognizing Independence Charter School. I see that Councilman Kenney is Blackwell. I would ask that Ms. Jurate Krokys and those accompanying her please join the Councilman at the podium.
Thank you, Madam President. On your behalf also, you were co-sponsor of this. This school is in your district. This is a resolution recognizing and congratulating Independence Charter School on the occasion of receiving the Goldman Sachs Foundation Prize for Excellence in International Education. Whereas, on March 25th, 2009, the Asia Society announced Independence Charter School as the 2008 Elementary/Middle School Category winner of the Goldman Sachs Foundation Prize for Excellence in International Education, a national competition first launched in 2003; and Whereas, the competition achievement in schools and educational organizations that promote cultural awareness, world history and a global curriculum as essentials in the development of the next generation of young Americans; and Whereas, Independence Charter School is an urban public charter school serving a diverse student population of more than 700 K through 8 students; and Whereas, founded in 2001, Independence Charter School combines two second language acquisition programs with an interdisciplinary curriculum integrating world cultures, traditions, literature, geography, economics and history; and Whereas, currently, 60 percent of students are enrolled in the Foreign Language Elementary School Spanish Program where instruction is in English with a daily 30- to 40-minute immersion session in Spanish, while the other 40 based in a total Spanish immersion program in which the instruction is completely in Spanish. Sixth graders receive lessons in Japanese, and seventh graders receive Arabic lessons while maintaining their Spanish lessons; and
Whereas, Jurate Krokys, CEO and founding Principal of the School, commented, quote "Our children come from 44 zip codes in Philadelphia through a lottery, and we prove that they not only deserve excellence in education but also that they can accomplish it. This award will help raise awareness about the unique urban education model we've developed and enable us to share our practices with other schools and educators, thereby benefiting even more urban students"; and Whereas, additionally, the school has partnerships with the Greater Philadelphia International Visitors Council, the Painted Bride Arts Center, at the University of Pennsylvania, and are candidates for partnership with the Embassy of Spain to provide additional content, international speakers and to support the training of its teachers; and Whereas, the Goldman Sachs Foundation's mission is to promote excellence and innovation in education worldwide. Since its inception, the Foundation has awarded in excess of $114 million, providing opportunities for young people in more than 20 countries. Now, therefore, be it resolved, by the Council of the City of Philadelphia, that Council does hereby recognize and congratulate Independence Charter School on the occasion of being the first charter school in the nation to receive the Goldman Sachs Foundation Prize for Excellence in International Education. Further resolved, that an engrossed copy of this resolution be 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 2nd day of April 2009. Certainly it's signed by President Anna Verna, President of Council, and introduced by James F. Kenney, Anna C. Verna and Frank DiCicco, and is sponsored by all other members of Council. Thank you. (Applause.)
Thank you to President Verna and the City Council. This is a very great honor. It's our very first time here, and it's a great honor to be recognized for what really is quite an accomplishment. We worked very hard to meet the standards for being prize, and the $25,000 prize that comes from Goldman Sachs is all very nice. However, it's the recognition that our children can achieve this, that the children you see before you here, who come from five different zip codes, in total 44, that they can do this, that at least 80 percent of our graduates reenter into the Philadelphia public high schools as well as independence schools at the top performing schools just because they can. And so this prize and your citation is a recognition of the fact that our children can do this, and so we thank you very, very much. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to 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 a resolution approving the City's Substantial Amendment to the Year 34 Consolidated Plan and application to the United States Department of Housing and Urban Development for $14,046,629 in additional Community Development Block Grant through the American Recovery and Reinvestment Act of 2009; and An ordinance authorizing the Director of Housing, on behalf of the City, to file an application with the United States Department of Housing and Urban Development for a Community Development Block Grant; and An ordinance authorizing the Commissioner of Public Property to record a deed for the conservation of a tidal Garden; and An ordinance authorizing Adam Ritter, owner and operator of the Sidecar Bar and Cafe, to operate and maintain an open-air sidewalk cafe located 2201 Christian Street; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, an irregularly shaped parcel of land located south of Pattison Avenue and east of I-95; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into an agreement to lease the Boys and Girls Club located 328 West Coulter Street; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to convey certain tracts of land, with the buildings and improvements thereon, located and known 1402-1412 West Erie Avenue; and An ordinance authorizing the Executive Director of Fairmount Park to execute a lease dated November 1, 1993 between the City and the Philadelphia Authority for Industrial Development with the Fairmount Park Historic Preservation Trust; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to execute and deliver a deed conveying fee simple title located 2216-2240 North 9th Street; and An ordinance amending Chapters 10-611 and 12-800 of The Philadelphia Code, to authorize the Department of Streets to designate sidewalks on which bicycle riding is permissible, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution recognizing June 8th, 2009 as Thomas Paine Day in Philadelphia in appreciation of the tremendous influence of Paine's life and words upon the City of Philadelphia.
Thank you. The Chair recognizes Councilwoman Blackwell for a motion on the resolution.
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 authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 3rd Ward of the City of Philadelphia.
Again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one resolution and one bill, three bills on your behalf, one bill and one resolution for the Administration.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Director of Housing, on behalf of the City, to file an application with the United States Department of Housing and Urban Development for a Community Development Block Grant.
The bill will be referred to the appropriate committee.
And an ordinance establishing a no truck parking regulation on Vernon Road, from Cheltenham Avenue to Michener Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to convey land and any improvements located south of Pattison Avenue and east of I-95.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to record a deed for the conservation of the tidal wetland located within Bartram's Garden.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Adam Ritter to construct, own and maintain an open-air sidewalk cafe at 2201 Christian Street.
The bill will be referred to the appropriate committee.
And a resolution honoring PRWT Services for being named as the 2009 Black Enterprise Industrial/Service Company of the Year.
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 approving the City's Substantial Amendment to the Year 34 Consolidated Plan and application to the United States Department of Housing and Urban Development for $14,046,629 in additional Community Development Block Grant funding.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to convey certain tracts of land, with the buildings and improvements thereon, known as 1402-1412 West Erie Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into an agreement to lease the Boys and Girls Club located at 328 West Coulter Street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Sanchez.
The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the paving of 4th Street from Westmoreland Street to Ontario Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 157 by placing on the City Plan 4th Street from Westmoreland Street to Ontario Street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Jones.
Thank you. The Chief Clerk will please read the title.
A resolution acknowledging and honoring the Urban Industry Initiative and the 1,300 manufacturing companies that have remained in Philadelphia and that significantly contribute to the growth of our local economy and the development of the City.
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 recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one bill on behalf of the Administration.
An ordinance authorizing the Executive Director of Fairmount Park, the Recreation Commissioner, the Public Property Commissioner and the Director of Commerce to execute an amendment to the lease dated November 1, 1993.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill.
Thank you. The Chief Clerk will please read the title.
An ordinance amending Chapters 10-611 and 12-800 of The Philadelphia Code, to authorize the Department of Streets to designate sidewalks in which bicycle riding is permissible, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I have three bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to execute and deliver to the Philadelphia Authority for Industrial Development a deed located 2216 to 2240 North 9th Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park to enter into a lease agreement between the City of Philadelphia and the Center City District as tenant for a certain parcel of land bounded by 18th Street, the Benjamin Franklin Parkway and Logan Square.
This bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-3500 of The Philadelphia Code, entitled "General Acute Care Hospital Assessment," by adding an assessment upon the net operating revenue of certain specified hospitals located in the City of Philadelphia.
The bill will 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 16th and 32nd Wards of the City of Philadelphia.
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 Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. The next order of business is reports from committees, and the Chair recognizes Councilman Green for a report from the Committee on Labor and Civil Service.
Thank you, Madam Chair. The Committee on Labor and 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 Labor and Civil Service, to which was referred Bill No. 090292, entitled "An ordinance amending Section 17-107 of The Philadelphia Code, entitled 'Contractors: Labor-Management Relationships,' by amending the definitions of 'City Work' and 'Service Contracts' to include certain subcontracts for non-professional services, 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, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 090292. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bill just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. I note that the bill just reported from committee with the suspension of rules 5/21/09 - STATED - 1ST READING has been deemed to have had a first reading. It will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chief Clerk will read any other bills on the First Reading Calendar.
Bill No. 090324, an ordinance authorizing the issuance of one or more series of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of the City of Philadelphia; authorizing the Mayor, City Controller and City Solicitor or a majority of them to sell the bonds at private or public negotiated sale.
The Chair agrees. The Chair recognizes Councilwoman Tasco.
Madam President, I move that we re-call Resolution 090334. I just introduced this. It should be referred to
All right. We don't have to read it again. The Chair recognizes Councilwoman Tasco.
Madam Chair, the Majority Leader is not ready yet. We're waiting for the Clerk to come back.
Madam President, we introduced a resolution regarding the Consolidated Plan. It was adopted by the Council. It should not have been voted on, but referred to committee. So we offer this to be referred to the committee.
A resolution City's Substantial Amendment to the Year 34 Consolidated Plan and application to the United States Department of Housing and Urban Development in additional Community Development Block Grant funding.
Madam President, I move that we re-call the vote that we had on this resolution. (Duly seconded.)
The ayes have it. The motion carries. This resolution will be referred to the appropriate committee. We will now consider bills on the Second Reading and Final Passage 5/21/09 - STATED - 2ND READING Calendar, and the Chair calls upon Councilwoman Tasco for the purpose of calling up the bills to be considered today.
Madam President, Bill 090258, 090212, 090213, 090214, 090215, 090216, 090217, 090220, 090221, 090244, 090127, 090190, 090246, 090294, 090296, 090321, 090322, 090323, 090325, 090350 and 090351, Resolutions 090137 and 090136 are all being called up for second reading and final passage today. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 090258.
An ordinance amending Sections 3-306 and 3-401 of Title 3 of The Philadelphia Code to eliminate dual licensing and to clarify air pollution control standards, all under certain terms and conditions.
This 5/21/09 - STATED - 2ND READING 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 Green, how are you voting on this bill?
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090212.
An ordinance to adopt a Capital Program for six Fiscal Years 2010 to 2015 inclusive.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. 5/21/09 - STATED - 2ND READING The Chief Clerk will please read the title of Bill No. 090213.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090214.
An ordinance adopting the Operating Budget for Fiscal Year 2010.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill 5/21/09 - STATED - 2ND READING passes. The Chief Clerk will please read the title of Bill No. 090215.
An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," to increase the amount that must be paid in response to certain code violation notices.
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. 5/21/09 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 090216.
An ordinance amending Section 19-1801 of The Philadelphia Code, entitled "Authorization of Tax," to impose a tax on real estate within the City of 5/21/09 - STATED - 2ND READING Philadelphia, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090217.
An ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," to further authorize the Board of Education of the School District of Philadelphia to impose a tax on the use or occupancy of real estate within the School District of Philadelphia.
This bill having been read on two different days, the question now is shall the bill pass finally. 5/21/09 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. 5/21/09 - STATED - 2ND READING The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090220.
An ordinance amending Section 10-1001 of Title 10 of The Philadelphia Code relating to fees charged by the Commissioner of Records by modifying the amount of such fees.
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 5/21/09 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090221.
An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and 5/21/09 - STATED - 2ND READING Littering," to require certain businesses and property owners either to pay a fee for City waste hauling or demonstrate the business or property owner has a private provider.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090244.
An ordinance amending Section 19-2700 of The Philadelphia Code by revising the rate of tax, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 5/21/09 - STATED - 2ND READING call the roll.
Aye. The ayes are 17; the nays are 5/21/09 - STATED - 2ND READING zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090127.
An ordinance amending Titles 4 and 14 of The Philadelphia Code by authorizing the Department of Licenses and Inspections to extend the expiration date of certain zoning or use of registration permits, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 090190.
An ordinance amending Title 14 of The Philadelphia 5/21/09 - STATED - 2ND READING Code, entitled "Zoning and Planning," by adding a new subsection providing for bicycle parking, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090246.
An ordinance to amend the Philadelphia Zoning Maps located within an area bounded by Orthodox Street, Large Street and Adams Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 5/21/09 - STATED - 2ND READING call the roll.
Aye. The ayes are 17; the nays are 5/21/09 - STATED - 2ND READING zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090294.
An ordinance amending Chapter 14-400 of The Philadelphia Code, entitled "Commercial Entertainment District," "Procedures for the establishment of a Commercial Entertainment District," by adding provisions relating to proposed projects in the Center City area.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090296.
An ordinance to 5/21/09 - STATED - 2ND READING amend the Philadelphia Zoning Maps within the area bounded by Front Street, Lombard Street, 2nd Street and Pine Street.
This bill having been read on two different days, the question now is shall the bill pass finally. Before we take the roll call, the Chair recognizes Councilman O'Neill.
Madam President, I'll be abstaining on this bill. The reason for my recusal is that the law firm with which I'm associated represents the party-in-interest on this bill.
Thank you. The Chief Clerk will please call the roll.
Aye. The votes are 16 to nothing. The record will reflect that Councilman O'Neill abstained from voting on this bill. We will now consider Bill No. 090321.
An ordinance constituting the Twelfth Supplemental Ordinance to the Restated General Water 5/21/09 - STATED - 2ND READING and Wastewater Revenue Bond Ordinance of 1989, as supplemented; authorizing the Bond Committee to issue and sell either at public or private sale Water and Wastewater Revenue Bonds.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090322. (Audience members chanting "Where's the People's Budget?") (Pause.)
An ordinance constituting the Ninth Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1998, all under 5/21/09 - STATED - 2ND READING certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090323.
An ordinance constituting the Tenth Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1998, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 090325. 5/21/09 - STATED - 2ND READING
An ordinance approving the Fiscal Year 2010 Capital Budget providing for the expenditures for the capital purposes of the Philadelphia Gas Works, and acknowledging receipt of the forecast of capital budgets for Fiscal Year 2011 through 2015.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090350.
An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled "City Funds Deposits, Investments, Disbursements," by authorizing the City Treasurer to deposit funds in City National Bank, under certain terms and conditions. 5/21/09 - STATED - 2ND READING
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The last bill to be considered is Bill No. 090351.
An ordinance amending Chapter 19-200 of The Philadelphia Code by authorizing the City Treasurer to deposit funds in TD Bank National Association, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. 5/21/09 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. 5/21/09 - STATED - 2ND READING The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Resolution No. 090136, which appears on . I would ask the Chief Clerk to please read the title of the resolution.
A resolution appointing Beverly Coleman to the Board of Directors of the Southeastern Pennsylvania Transportation Authority.
The Chair recognizes Councilwoman Tasco for a motion on the resolution.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
Councilman Jones, do you mind since Councilwoman Tasco has already made the motion?
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. We will now consider Resolution No. 090137.
A resolution appointing Rina Cutler to the Board of Directors of the Southeastern Pennsylvania Transportation Authority.
Thank you so 5/21/09 - STATED - 2ND READING much, Madam President. I make a motion to adopt the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
A majority of all members having voted in the affirmative, this resolution is adopted. That concludes our Calendar for today. Are there any speeches on the part of the minority? (No response.)
Are part of the majority? The Chair recognizes Councilwoman Brown.
Madam President, the record should reflect that the Councilman from the 1st Councilmanic District is celebrating a birthday today, Councilman Frank DiCicco.
Oh, wonderful. Happy birthday. (Applause.) COUNCILMAN DiCICCO: It's good to be 39.
That's right. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'd just like to say as Majority Leader, on behalf of leadership, we'd like to thank our colleagues for their contributions and support of us as budget and came to a resolution on the budget. We had public hearings in three neighborhoods in this Council so that we could hear from our constituents. We know we're in a critical time, financial crisis, and it's very difficult to have to make some of the decisions we had to make, but we were real pleased that our Councilmembers supported leadership as we had to deliberate it daily with our local leadership, State Representatives, Governor, as well as with each other. We intend to continue working with our local leadership so that we can give them whatever support they need in Harrisburg to make possible what we need to let this budget come to fruition. So I want to thank my colleagues, all Councilmembers, for their support and loyalty.
Madam Chair, I'd like to echo my colleague's comments. Leadership worked very hard on this, but also there was a strong line of communication between leadership and the membership of the body, and there was as much coming up as there was going back down. And these hearings were the best attended and I think the most involved that Council has had since I've been in Council, and that's been a while. And while the real work starts now with the state Legislature, it's really gratifying that we got this far on a positive note working with the Administration. So I look forward to continuing that work with the state Legislature. Thank you.
Thank you. The Chair recognizes Councilman Green.
Thank you, wanted to thank the leadership of City Council -- and I know I'm joined by all my colleagues -- for the hard work and the effort that you, President Verna, Majority Leader Tasco, Majority Whip Clarke, Minority Leader O'Neill and Minority Whip Rizzo, put in on the budget process. It was a lot of hard work, a lot of difficult negotiations with the Administration, and personally I want to thank you for the leadership that you've shown through this process. It was wonderful to see and be a participant of. I also want to thank specially your staff, Rick Auerbach and Charlie -
Our volunteer, who came in and helped Council deserve our recognition and great thanks today for the great work they did for this body. Thank you.
Thank you very much. The Chair recognizes Councilwoman Tasco.
A little late. I forgot to thank the staff, Rick and Charlie, who is our strong volunteer. I mean, we wish we had more volunteers like Charlie. But he loves it, and we want to say we appreciate him coming in to give us his institutional knowledge. No matter who you may hire to replace Charlie, what you would miss would be the institutional knowledge that goes back some 20 years, and that has been very, very valuable --
So when we make a statement, he gives us the history and he puts it in context so that we understand what we're dealing with. So, Charlie, thank you. And, Rick Auerbach, thank you for your legal leadership, and to all the staff that worked with us. Thank you.
Thank you all. Thank you. At this time, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. Before I make a motion to adjourn, I'm considering making a motion to basically take away Charlie's retirement. One other thing, Madam my colleagues with respect to all of the wonderful work that was done in this Council Chambers. Sometimes out of the Council Chambers and throughout this process people were extremely engaged, and I just want to say I'm very proud to be a member of this body. The other thing I want to say, that while we have significant challenges ahead as it relates to getting the necessary support out of Harrisburg, there are also some things that we need to be doing, we as a Council, over the next couple of months, because we have identified a significant number of things as it relates to our ability to reinvent government, and I look forward to working with all of our colleagues and talking about possible prison reform, to talk about the possibility of getting additional efficiencies, to talk about restructuring some of our real estate issues as it relates to the BRT. couple of months, in spite of public opinion that we will be on vacation, we in fact will be working very hard to make sure that this is a long-term solution and not just a short-term solution. So with that, I would like to move that Council stand adjourned until -
Just before you do that, also I think that every member is aware of the fact that in the event that we have to come back to vote on any of the stimulus issues, we will call for a special meeting.
And I know that Councilmembers have indicated that they would certainly make themselves available.
So at this time, again, I look to Councilman Clarke for an adjournment.
Thank you, Madam President. Madam President, I move that Council stand adjourned until Thursday, June 4th, 2009, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, June the 4th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. Thank you. (Stated Meeting adjourned at 11:50 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on May 21, 2009, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)