COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 22, 2007 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN CAROL ANN CAMPBELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILMAN DANIEL SAVAGE 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 Reverend Ernest Flores, Pastor of the Second Baptist Church of Germantown. He is here as the guest of Councilwoman Miller. I would ask all members and guests to please rise. (Everyone rises.)
Let us pray. Gracious God, we are ever grateful for the opportunities you give us to serve you and to serve each other. We thank you for the City Council here of the City of Philadelphia and for wonderful individuals who make up its constituency. And we ask, Lord, that you will bless the work of this Council. cooperative spirit. Grant them listening hearts. Grant that their priorities and values be reflected in their work today and every day. May we heed the words of the prophet. May justice roll down like waters and righteousness like a mighty stream, and may all that they say and do here be pleasing in your sight. May we reach out and touch the lives of poor people, neglected people, people who feel that nobody cares. May this Council reflect that this City cares for its people, for its neighborhoods, for its legacy. Bless this people. Bless this work. Bless the City of Philadelphia. In Jesus' name, amen.
Amen. The Chair thanks Reverend Flores for his very inspiring invocation. Council will be at ease. (Council at ease.)
The of business is the approval of the Journal of the meeting of Thursday, February 15, 2007, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 15, 2007 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, February 15, 2007 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal of the meeting of Thursday, February 15, 2007 is approved. The next order of business is absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the majority, there are no requests for leaves of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Madam President, there are no requests for leave of absence from the republicans.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative our city. We certainly invite you to come again. As has been our practice over the past 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 individually acknowledge each of you, owing to the time constraints, today I am unable to do so. Please know that we deeply appreciate your being with us today. We want to extend a warm welcome and offer our thanks for all of the good work you do. At this time, I would like to ask all of our distinguished guests, elected officials and representatives of the Administration to please rise so that we may acknowledge you with a round of applause. Would you please stand. (Guests, officials and representatives standing.) (Applause.)
Again, we thank you. 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 read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on February 21st, I signed all of the bills that were passed by Council at its session on February the 8th, except Bill No. 060832 and Bill 060834; and I am herewith returning to you as disapproved Bill No. 060834, which would amend the Capital Budget for 2007, and Bill No. 060823, which would amend the Capital Program for Fiscal Years 2007 through 2012; and I am transmitting herewith for the consideration of your honorable body 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 2008 through 2012; and An ordinance to adopt a Capital Program for the six Fiscal Years 2008-2013; and And an ordinance adopting the Operating Budget for Fiscal Year 2008; and An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Housing Trust Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions; and 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 real estate within the City of Philadelphia; and An ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax"; and An ordinance authorizing transfers in appropriations for Fiscal Year 2007 to certain or all City offices, departments, boards and commissions; and An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the General Fund to certain or all City offices, departments, boards and commissions; and An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $7,500,000 to assist in the development of the Free Library of Philadelphia; and the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Christopher Columbus Boulevard and Tasker Street; and An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land within an area bounded by Delaware Avenue and providing for parking rules.
Thank you. The messages will be printed in the Journal. 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 the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. Good morning. I move that the rules of Council be suspended in order to permit first 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 their introduction. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Good morning, Madam President. I offer two resolutions.
Thank you. The Clerk will please read the title of the first resolution.
A resolution calling on Philadelphia's major television broadcast stations to voluntarily offer either free or reduced-rate advertising slots to Philadelphia mayoral candidates to reduce the impact of money on campaigns.
The Chair recognizes Councilman Kenney for a motion on the resolution.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
And a resolution amending the Rules of Council to create a standing Committee on the Environment.
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 signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce eight bills and three resolutions. Six bills and one resolution are on taxes, one bill and one resolution on your behalf and one bill and resolution on my own.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Article VIII, Chapter 5 of the Philadelphia Home Rule Charter, entitled "Referenda Approved by the Voters," by adding a new section providing that the citizens of Philadelphia urge the Pennsylvania Public Utility Commission to deny the Philadelphia Gas Works' 2006 request for a base rate increase.
The bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Front Street, Oregon Avenue, the Delaware River and a Railroad, also known as the northern boundary of the Philadelphia Naval Base.
The bill will be referred to the appropriate committee.
And an ordinance to adopt a Capital Program for the six Fiscal Years 2008-2013.
This bill will be referred to the appropriate committee.
The bill will be referred to the appropriate committee.
And 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.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax."
This bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of a proposed amendment to the Philadelphia Home Rule Charter relating to the location of licensed gaming facilities within the City.
The bill will be referred to the appropriate committee.
And an ordinance adopting the Operating Budget for Fiscal Year 2008.
The bill will be referred to the appropriate committee.
And a resolution proposing an amendment to Article VIII, Chapter 5 of the Philadelphia Home Rule Charter, entitled "Referenda Approved by the Voters," by adding a new section providing that the citizens of Philadelphia urge the Pennsylvania Public Utility Commission to deny the Philadelphia Gas Works' 2006 request for a base rate increase.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
This resolution will be referred to the appropriate committee.
And a resolution submitting to the electors of the City of Philadelphia, on an election date to be designated by ordinance, an amendment to the Philadelphia Home Rule Charter relating to the location of licensed gaming facilities within the City.
The resolution will be referred to the appropriate committee.
And 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 2008 through 2012.
This will be referred to the appropriate committee, and 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. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Housing Trust Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Aviation Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2007 from the General Fund to certain or all City offices, departments, boards and commissions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Madam President, I have no bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Savage.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the General Fund and within the Grant Revenue Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one resolution. It's co-sponsored by Councilman Kenney and signed by all members of City Council.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution honoring, recognizing and memorializing Barbara Gittings, the "Mother of Gay, Lesbian, Bisexual and Transsexual Civil Rights Movement."
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 signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.
The Chief Clerk will please read the title of the resolution.
A resolution calling on the Department of Health to study and consider local municipality legislation to minimize health effects from the use of mercury.
It has been moved and properly seconded that the resolution be adopted. All in favor will please 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.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Campbell.
You have no bills or resolutions? Thank you. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one bill and two resolutions to be referred to committee.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $7,500,000 to assist in the development of the Free Library of Philadelphia.
The bill will be referred to the appropriate committee.
And a resolution also naming Broad Street from Diamond Street to York Street "Georgie Woods Boulevard."
The Chair recognizes Councilman Clarke. Do you want that to be -
Thank you. This resolution will be referred to the appropriate committee.
And a resolution also naming Diamond Street from 16th Street to 19th Street "Father Paul Washington Avenue."
This resolution will also be referred to the appropriate committee, and 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 Clarke for a report from the Committee on Rules.
Madam President, the Committee on Rules reports one bill with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 070003, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Aramingo Avenue, a Railroad Right-of-Way, Delaware Expressway, Luzerne Street, Almond Street and Wheatsheaf Lane," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended this day as to Bill No. 070003. (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 indicate by saying aye. (Aye.)
The ayes have it and the bill just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out three bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Finance, to which was referred Bill No. 070047, entitled "An ordinance amending Bill No. 051138, approved December 22, 2005, entitled 'Authorizing, generally, the continued issuance and sale by the City of Philadelphia of the Gas Works Revenue Notes of the City'"; and Bill No. 070048, entitled "An ordinance constituting the Nineteenth Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1975 authorizing the Mayor, the City Controller and the City Solicitor, or a majority of them, to sell, either at public or private sale, Gas Works Revenue Bonds"; and Bill No. 070075, entitled "An Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1998 authorizing the Mayor, City Controller and City Solicitor, or a majority of them, to sell, either at public or private sale, Gas Works Revenue Bonds," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 070047, 48 and 75. (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 committee. All in favor will say aye. (Aye.)
The ayes have it and the bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilman Clarke for a report from the Committee on Public Works and Public Property.
Thank you, Madam President. Madam President, the Committee on Public Property and Public Works reports four bills with favorable recommendations.
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 Public Property and Public Works, to which was referred Bill No. 060545, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to grant the owner of 3201 South 74th Street an easement across a portion of a certain parcel of land adjacent to 70th Street"; and Bill No. 060934, entitled "An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 1716-32 Frankford Avenue"; and Bill No. 060956, entitled "An ordinance naming and designating the Ogontz Branch of the Free Library of Philadelphia located 6017 Ogontz Avenue as the 'David Cohen Ogontz Branch of the Free Library of Philadelphia'"; and Bill No. 070004, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase from the School District of Philadelphia 4000 to 4010 Germantown Avenue and to execute and deliver to the Philadelphia Authority for Industrial Development a deed to the Triumph Baptist Church, for nominal consideration," 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 so as to permit first reading this day of Bill Nos. 060545, 060934, 060956 and 070004. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will please say 2/22/07 - STATED - 1ST READING aye. (Aye.)
The ayes have it and the bills just read will be placed on our First Reading Calendar for today. The next order of business is consideration of the Calendar. The Chief Clerk will please read the bills on our First Reading Calendar.
Bill No. 070003, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Aramingo Avenue and Wheatsheaf Lane.
And Bill No. 070047, an ordinance amending Bill No. 051138, approved December 22, 2005, 2/22/07 - STATED - 1ST READING entitled "Authorizing, generally, the continued issuance and sale by the City of Philadelphia of the Gas Works Revenue Bonds of the City."
And Bill No. 070048, an ordinance constituting the Nineteenth Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1975 authorizing the Mayor, the City Controller and the City Solicitor, or a majority of them, to sell, at either public or private sale, Gas Works Revenue Bonds.
And Bill No. 070075, an ordinance constituting the Eighth Supplemental Ordinance of the General Gas Works Revenue Bond Ordinance of 1998.
The Chair agrees. 2/22/07 - STATED - 1ST READING
And Bill No. 060545, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to grant the owner of 3201 South 74th Street an easement.
And Bill No. 060934, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 1716 to 32 Frankford Avenue.
And Bill No. 060956, an ordinance naming and designating the Ogontz Branch of the Free Library of Philadelphia located 6017 Ogontz Avenue as the "David Cohen Ogontz Branch of the Free Library of Philadelphia." 2/22/07 - STATED - 1ST READING
And Bill No. 070004, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase from the School District of Philadelphia a deed conveying fee simple title to properties for further conveyance to the Triumph Baptist Church.
The Chair agrees. That completes our First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today our Calendar begins on where Resolution No. 060590 will be amended. Those amendments have been circulated, as will Bill No. 060576, also amended. The rest of the bills on our Calendar will be called up 2/22/07 - STATED - 2ND READING today. They include Bill Nos. 060861, 060849 on . All the bills on : Bill Nos. 060894, 852, 929, 930, 931 and 932. On and 11, all bills. They include Bill Nos. 060933, 935, 937, 938, 060941, 960 and 070045. All other bills are being held.
Thank you. I would ask the Clerk to please read the title of the first bill, Bill No. 060902. Councilman Clarke, you wanted that to be called up today?
All right. I would ask the Clerk to please read the title of Resolution No. 590.
A resolution proposing an amendment to Article VIII, 2/22/07 - STATED - 2ND READING Chapter 5 of the Philadelphia Home Rule Charter to retain its current method of real estate tax assessment and not change the method as proposed under BRT's full valuation initiative.
Thank you, Madam President. May I likewise be heard?
These two bills are being amended due to language. The City Solicitor has prevailed upon us to indicate the proper language to go on the ballot, and I move that Bill No. 060590, that the amendment already circulated be adopted. (Duly seconded.)
It has been moved and seconded that the amendment -- and I believe the amendment was circulated to everyone yesterday -be approved. 2/22/07 - STATED - 2ND READING All in favor will say aye. (Aye.)
The ayes have it and the amendment is adopted. The Chief Clerk will please read the title of Bill No. 060576.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Article VIII, Chapter 5 to retain its current method of real estate tax assessment and not change the method as proposed under BRT's full valuation initiative.
Thank you, Madam President. We move that the amendment to this bill likewise be adopted. 2/22/07 - STATED - 2ND READING (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
The ayes have it and the amendment is adopted. The Chief Clerk will please read the title of Resolution No. 060861.
A resolution proposing an amendment to Article VIII, Chapter 5 of the Philadelphia Home Rule Charter to urge the United States to make Year 2007 the time to redeploy U.S. troops out of harm's way in Iraq.
I move for the adoption of the resolution. 2/22/07 - STATED - 2ND READING (Duly seconded.)
It has been moved and seconded -- this Resolution No. 060861 is a Charter change to the Home Rule Charter and it requires a two-thirds majority vote. I would ask the Chief Clerk to please call the roll.