COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Tuesday, January 25, 2005 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS 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. 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 Father Thomas Rossi from St. Edmond's Church. He is here today as my guest. I would ask at this time that all Members and guests please rise. Father.
Before the business of this day is addressed, let us take a moment to be thankful for all we have been given and to ask our Lord's help as we offer our individual and collective gifts to our community. Let us be thankful that we have an opportunity to give of ourselves in ways that makes a difference to our families, to our City, to our nation and to a world grown so small it can be explored and conquered by a Let us pray that we maintain our focus with determinations and with a sense of humor borne of the knowledge that we are mortal men and women so that we can do our work with vigor, with stamina, and with a hearty spirit. And so we pray, Lord of all, all good people are guided by your spirit. We pray that we stay focused on the objectives we have for our great City, the least of which are peace, tranquility, a true brotherhood and sisterhood, freedom from hunger, from oppression, from sickness; freedom to choose our own destinies. And we give thanks for all the blessings we have received and for all the opportunities and responsibilities we have as leaders of our community. Help us to continue to perform our responsibilities with optimism, with renewed energy and with a commitment to serve you and our fellow men and women, and finally, help us to serve all who seek our help. Amen.
The Chair Rossi 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, December 16, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, December 16, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, December 16, 2004, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it, and motion carries, and the Journal of the meeting of December 16, 2004, is approved. The next order of business is requests for leaves of absence. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, a request for a leave of absence is requested for Joan Krajewski.
Thank you. Leave will be granted. The Chair recognizes Councilman Rizzo.
Madam President, there are no requests for leaves of absence at this point.
Thank you. The Chair thanks the gentleman. The Chair will dispense of the regular order of business to recognize guests in Chambers this morning. At this time, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I would like to recognize Philadelphia Student Voices. Student Voices is a civic education project that is working in Philadelphia to help students become more engaged in politics and government.
Thank you. I believe the students are up in the balcony. If they would stand, we'd like to recognize you and welcome you and thank you for coming. (Applause.)
As has been our practice over the years, we have many distinguished visitors with us today, including elected officials, heads of departments, boards and commissions, and many representatives of the Administration. Although, I would like to recognize each of individually, owing to the constraints of time today, I am unable to do so. Please know that we deeply appreciate your being with us, and we want to extend a warm welcome and offer our thanks for all of the good work that you do. At this time, I would like to ask all of our distinguished guests, elected officials and representatives of the Administration to please stand so that we may acknowledge them with a round of applause. (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. THE
To the President and Members of the Council of the City of Philadelphia, I am returning herewith without my signature Bill No. 040113-AA, entitled an ordinance amending Chapter 10-800 of the Code, entitled "Safety." And I am pleased to advise you that on January 25, 2005, I signed the following bills that were passed by Council at its Session on December 9, 2004, and December 16, 2004, except Bill No. 040918, 040972, and 040999. And I am transmitting herewith for the consideration of your honorable body a resolution providing for the approval by the Council of the City of Philadelphia of a revised Five-Year Financial Plan for the City of Philadelphia covering Fiscal Years 2006 through 2010. And an ordinance authorizing transfers in appropriations for Fiscal Year 2005 from the General Fund. And an ordinance authorizing transfers in appropriations for Fiscal Year 2005 within the Water Fund. And an ordinance authorizing transfers in appropriations for Fiscal Year 2005 from the Grants Revenue Fund. And an ordinance authorizing Fiscal Year 2005 within the Grants Revenue Fund. And an ordinance to adopt a Capital Program for the six Fiscal Years 2006-2011, inclusive. And an ordinance to adopt a Fiscal 2006 Capital Budget. And 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 Philadelphia, all under certain terms and conditions. And an ordinance amending Section 19-2604 of the Philadelphia Code relating to tax rates, credits and alternate tax computation for business privilege tax. And an ordinance amending Chapter 19-1200 of the Philadelphia Code, entitled "Parking Tax." And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," to impose a tax on the use or occupancy of real estate within the School District of Philadelphia. Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization." And an ordinance adopting the Operating Budget for Fiscal Year 2006.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE
Thank you. The next order of business is the introduction of bills and resolutions. And again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the be suspended so as to permit immediate consideration of resolutions at the time of introduction. All those in favor will indicate by saying aye. (Aye.)
Those opposed the ayes have it and the motion carries. At this time, we will consider a special order of business, a resolution recalling Bill No. 040918. The Chair recognizes Councilman Mariano.
Thank you. The Clerk will please read the title of the resolution. THE
A resolution requesting the Mayor to return to Council Bill No. 040918, entitled an ordinance amending Section 2 of an ordinance, Bill No. 010719, approved April 17, 2002, entitled an ordinance of lines and grades on a portion of City Plan No. 194 by striking from the City plan and vacating Bodine Street from Diamond Street to Susquehanna Avenue.
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 has been adopted. The Clerk will please read the letter from the Mayor. THE
To the President and members of the Council of the City of Philadelphia, I am returning herewith as resolution adopted January 25, 2005, Bill No. 040918, entitled an ordinance amending Section 2 of an ordinance, Bill No. 010719, approved April 17, 2002, entitled an ordinance authorizing revision of lines and grades on a portion of City Plan No. 194 for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
The Chair again recognizes Councilman Mariano for a motion that Council reconsider the vote by which Bill No. 040918 was passed.
All in favor will indicate by saying aye. (Aye.)
The ayes have it. A majority of all Councilmembers having voted in the affirmative, the motion carries and the vote by which Bill No. 040918 was passed has been reconsidered. The Chair recognizes Councilman Mariano.
Thank you, Madam President. I would like to offer an amendment to Bill No. 040918. A copy of the amendment has been circulated to all members of the Council. I move for the adoption of this amendment. (Duly seconded.)
It has been moved and properly seconded that the amendment to Bill NO. 040918 be adopted. All in favor will signify by saying aye. (Aye.)
Those opposed? The ayes have it, and the Bill No. 040918 has been amended. The bill will be Final Reading Passage Calendar for our next Session of Council. We will now consider another special order of business, a resolution recalling Bill No. 040972. At this time, the Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the bill. THE
A resolution requesting the Mayor to return to the Council Bill No. 040972, entitled an ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600, entitled "Miscellaneous," and by adding a new section 14-1629 entitled Yorktown Special District Controls.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chief Clerk will please read the letter from the Mayor. THE
To the President and Members of the Council of the City of Philadelphia, I am returning herewith, as requesting by your resolution adopted January 25, 2005, Bill No. 040972, entitled an ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning, entitled Yorktown Special District Controls for the purpose of reconsideration by the Council of the vote by which said bill
Thank you. The Chair recognizes Councilman Clarke for a motion that the Council reconsider the vote by which Bill No. 040972 was passed.
All in favor will please indicate by saying aye. (Aye.)
The ayes have it. A majority of all Members having voted in the affirmative, the motion carries, and the vote by which 040972 was passed has been reconsidered. The Chair again recognizes Councilman Clarke.
Madam President, I'd like to an offer an amendment to Bill No. 040972. A copy of this amendment has been Members of Council. I move for the adoption of the amendment. (Duly seconded.)
It has been moved and properly seconded that the amendment to Bill No. 040972 be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and Bill No. 040972 has been amended. The bill will be placed on the Final Passage Calendar for our next Session of Council. We will now consider another special order of business, a resolution recalling Bill No. 040999. The Chair recognizes Councilwoman Miller.
Thank you. please read the tile of the resolution. THE
A resolution requesting the Mayor to return to Council Bill No. 040999, entitled an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by deleting and no longer permitting the preparation of retail sale of food for consumption on premises as an accessory use in the C-2 Commercial District by amending the definition of a restaurant for the purpose of reconsideration by the Council of the vote by which said bill passed.
Thank you. The Chair again recognizes Councilwoman Miller.
I move for the adoption of the resolution. (Duly seconded.)
All in favor will please indicate by saying aye. (Aye.)
The ayes have it. The resolution has been adopted. The Clerk will please read the letter to the Mayor. THE
To the President and Members of the Council of the City of Philadelphia, I am returning herewith, as requested by your resolution adopted January 25, 2005, Bill No. 040999, entitled an ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
The Chair again recognizes Councilwoman Miller for a motion that Council reconsider the vote by which Bill No. 040999 was passed.
All in favor will indicate by saying aye. (Aye.)
The ayes have it. A majority of all Members having voted in the affirmative, the motion carries and the vote by which Bill No. 040999 has been reconsidered. The bill will be placed on the Final Passage Calendar for our next Session. We will now return to our regular order of business. And at this time the Chair recognizes Councilman Kenney for any bills or resolutions he would like to introduce.
Thank you, Madam President. I offer one resolution. I'd like to speak briefly, please.
Thank you. The Chief Clerk will please read the title of the resolution. THE
A resolution celebrating the life and honoring the memory of G. Fred DiBona, Jr.
I move the adoption of the resolution. (Duly seconded.)
Thank you, Madam President. Just briefly, because much has been said about Fred since his passing. One of the things I think that I've learned from Fred I think we all can take from him is the people you meet life on the way up are the same people you're going to meet in life on the way down. And from South Philadelphia High School to the street corners of South Philly to the legal profession to the Zoning Board to the Port Authority to Independence Blue Shield and then finally Independence Blue Cross, Fred became a titan in the industry, a head of large organization that employs many, many people in the City. But when cancer finally took him down after a valiant fight, those same people that he met on the way up were all there at the cathedral to pay tribute to him in our loss. From the heads of the IBC to the heads of government to the heads of people in politics but the secretaries and the cab drivers and the people who clean the offices, they were all there, too. It was one of the largest and most impressive displays of outpouring of grieve and love that I've ever seen. And I think we can all take an message from that. We will miss him dearly. The City will be less as a result of it. He was a good friend to all of us in here and we just send our best and our pay our condolences to his family. Thank you, Madam President.
Thank you. It has been moved and seconded that the resolution be adopted. And I would suggest we do that by a standing vote. (Councilmembers stand.)
The resolution has been adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, we introduce two resolutions to be referred to committee; four resolutions, three on your behalf and one on mine to be considered today; and 12 budget or tax bills.
The Clerk will please read the first resolution, please. THE
A resolution providing for the approval by the Council of the City of Philadelphia of a revised Five-Year Financial Plan for the City of Philadelphia covering Fiscal Year 2006 to 2010 and incorporating those changes with respect to Fiscal Year 2005.
The resolution will be referred to the appropriate committee. THE
And a resolution authorizing Committee on Finance to hold hearings on the possibility of creating a customer amnesty program within the Philadelphia Gas Works to prevent residents from getting shut off during the winter months.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution will be referred to the Finance Committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 39th ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority to the City of Philadelphia deeds located in the 6th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deed located in the 30th, 36th and 39th Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing Council President to convene a Nuisance Bars and Stop-N-Go Task Force.
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. (Aye.)
The ayes have it, and the resolution is adopted. THE
And an ordinance adopting the Operating Budget for Fiscal Year 2006.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1804, entitled "Authorization of Net Income Tax."
The bill will be referred to the appropriate committee. THE
An ordinance amending Section 19-1801 of the Philadelphia Code, entitled "Authorization of Tax" to further authorize the Board of Education of the School District of Philadelphia to impose a tax on real estate within the City of Philadelphia.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-1200 of the Philadelphia Code, entitled "Parking Tax."
This bill will be referred to the appropriate committee. THE
And an ordinance to adopt the Capital Program for the six fiscal years 2006 to 2011, inclusive.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization."
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 19-2604 of the Philadelphia Code relating to tax rates credits and alternate tax calculation for the business privilege tax.
Thank you. This bill will be referred to the appropriate committee. THE
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Grants Revenue Fund from the Director of Finance, provision for other grants to the Mayor's Office of Information Services.
This bill will also be referred to the appropriate committee. THE
And an ordinance authorizing transfers in appropriation for Fiscal Year 2005 in the General Fund from certain or all City offices, departments the boards and commissions.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing transfers in appropriation for Fiscal Year 2005 from the Grants Revenue Fund.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Water Fund from all City offices, departments, boards and commissions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the bill. THE
An ordinance amending Section 2 of an ordinance, Bill No. 010713, approved April 17, 2002, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194 by striking from the City Plan and vacating Bodine Street from Diamond Street to Susquehanna Avenue, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title of the resolution. THE
A resolution declaring February as American Heart Month and February 4, 2005, as Go Red for Women Day in the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
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 Councilwoman Miller.
Thank you, Madam President. I offer no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer two bills and one resolution.
The Chief Clerk will please read the title of the first bill. THE
An ordinance amending Chapter 20-1000 of the Philadelphia Code, entitled "Campaign Contributions and Expenditures," by requiring candidates for elected City office, treasurers of political committees and other persons to file certain campaign finance reports with the Board of Ethics by requiring the Board of Ethics to arrange for the publication of such information on the City's official website in a searchable format by making conforming changes to existing provisions of Chapter 20-1000, all under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing transfers in appropriation for Fiscal Year 2005 in 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 will be referred to the appropriate committee. THE
And a resolution authorizing the Committee of the Whole to hold hearings on the proposed changes to the hours of operation at the City's branch of libraries.
Thank you, Madam President. I move the adoption the resolution, and I'd like to speak briefly on the resolution. (Duly seconded.)
Thank you, Madam President. We will more extensively go into these issues, but I would only suggest that given what investment we've made in our branch libraries over time, the discussion recently about the expansion of the central branch, which this Council has supported, the critical issue of neighborhood library services could not be more pressing. There are, I believe, a variety of ways, and we'll go through the budget process, to examine some of them. But I do not want the library issue to get lost in the larger discussion about this upcoming year's budget. In addition, I would suggest, Madam President, given some of recent reports, that we should take a very close examination of at least our professional services and no-bid contracts to make sure that the price that we're paying is not just the price that's good for the company, but that the price is even better for the taxpayers of this City. And I would recommend that in our examination we seek to find where there might be cost savings out of those contracts and divert those savings not only to library service so we can restore and have a fully functioning library system throughout this City to complement what we expect to be a spectacular expansion of the central branch, but also look at the needs of other critical operating departments throughout the City. So I think that a close examination of these contracts, how they are negotiated and is the price, in fact, the price the taxpayers should be paying and whether we can provide cost savings before anymore discussion about possibly laying off employees or cutbacks in services. I think that before we have a service cutback discussion, we should be talking about a cost reduction program for this City to lower the cost of government and turn those savings back to the benefit of services for citizens in this City. I move the adoption of the resolution. (Duly seconded.)
Thank you. It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution will be referred to the Committee of the Whole. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one bill and two resolutions.
Thank you. The Chief Clerk will please read the title of the bill. THE
An ordinance amending Chapter 19-1400 of the Philadelphia Code, entitled "Realty Transfer Tax," by excluding from the tax certain subleases of property by Fairmount Park Historic preservation Trust.
The bill will be referred to the appropriate committee. THE
And an resolution honoring the African-American Children's Book Project on the occasion of the Annual African-American Children's Book Fair.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution declaring February 14, 2005, as Victory Over Violence Day.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Goode.
The Clerk will please read the title of the resolution. THE
A resolution opposing proposals by the Federal Bank and regulatory agencies to weaken Community Reinvestment Act, exams and regulations to ensure that banks will abide by their obligation to make loans, investments, branches and basic banking accounts available to low and moderate income communities.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)