COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 9, 2006 10:10 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI 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. I note that the hour has come to convene today's Council session. I would like to announce that an executive session of Council will now be held in the Caucus Room so that Council may consult with the Law Department concerning appeals that have been filed from Council's disapproval of applications for take-out permits under Act 39. Council will reconvene immediately at the conclusion of that executive session, which should not take more than 10 or 15 minutes. Thank you. (Short recess.)
Good morning, everyone. I note that a quorum of this Council is present. This Council session shall now reconvene, and the 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 Richard Rock of Saint Francis of Assisi Church. He is here today as the guest of Councilwoman Miller. I would ask all members and guests to please rise.
Let us pray. Creator of the universe, we ask your blessings upon this gathering of City Council this morning. May we draw strength from your wisdom and from your vision. Give us the courage, oh, God, to live that vision and let us also be united as one in that vision. We are a very diverse group. The creator of the universe knows this, we know it, and the media surely knows we are diverse. Yet, we are one in the midst of our diversity. Give us the simple willingness this morning to be open and fair. Show speak for the silent. Show us how to call the world from violence. We know that we see violence every day. Communities and cities are torn by violence. Our country is still recovering from the tragedy of September 11th and also the effects of Katrina in New Orleans. People ask why does this happen. We don't understand, but what we do know is, thousands of people gather together and pray for the victims of 9/11 and Katrina and also their families. In our own City of Philadelphia we know so very well that violence and murders continue. People again ask why, but, again, we know hundreds of people gather together and pray and support the families of those who have died. God, beyond the violence in our streets, we also know that we find violence in people's hearts. Hostility, hatred, despair, indifference are at the heart of a growing culture of violence. God, you know so very well it doesn't have to be that way. It wasn't always that way. We can turn away from violence. We can build cities of peace. It begins with a very clear conviction, respect for life. God, today we need to teach our children by example how to resolve conflict in non-violent ways. Today God asks you as the City Council to resolve conflict by listening and also by peaceful dialogue. We can begin to create a community where peace prospers by being patient in speech and action. Today, God, we ask you to help City Council to be patient with one another and not to make quick and unfair judgments. We can give today our children roots so that they might scale the barriers that divide us by race, ethnicity, class, gender, religion and culture. God, once again, we ask City respect other races and cultures. If we do this well, we will keep this vision alive, this dream of the creator of the universe. And to all of this, we pray. Amen.
The Chair thanks Father Rock 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, February 2, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 2, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that meeting of Thursday, February 2, 2006 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, February 2, 2006 is approved. The next order of business is requests for leave of absence, and the Chair again 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 O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
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 affairs of our City. We certainly invite you to come again. The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on February 6, 2006, I signed the following bill that was passed by Council at its session on January 24, 2006: Bill No. 050797-AA, and I am transmitting for the consideration of your honorable body a draft of a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the South Central Urban Renewal Area; and A resolution approving the redevelopment contract of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the Ellsworth Urban Renewal Area; and An ordinance approving the third amendment of the redevelopment proposal for the Convention Center Renewal Area.
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 at this time recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will say aye. (Aye.)
The ayes have it, the motion carries, and the Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer three resolutions, one on my behalf, one on your behalf and one of behalf of myself, Councilmember Blackwell and Councilmember Ramos.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution congratulating the Pittsburgh Steelers for winning Superbowl XL. (Applause.)
I wish it were the Eagles, but as a proud Pennsylvanian, 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 please say aye. (Aye.)
The ayes have it and the resolution is adopted. COUNCILMAN DiCICCO: Is the Councilman running for Governor?
And a resolution proclaiming the month of March 2006 as American Red Cross Month.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution authorizing the City Council's Legislative Oversight Committee, Finance Committee and the Committee on Labor and Civil Service to hold public hearings examining the current condition of Philadelphia's pension fund, including potential liabilities and its effect on the City's budget, and to also discuss viable steps to mitigate rising costs and unfunded liability.
I move 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 will be referred to the committees as in the resolution. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce three resolutions on your behalf and one obviously by request.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution adopting findings of fact and conclusions of law with respect to certain appeals filed in the Philadelphia Court of Common Pleas regarding Council's decision disapproving applications to sell malt and brewed beverages for consumption off premises.
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 approving the redevelopment contract of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the Ellsworth Urban Renewal Area.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the South Central Urban Renewal Area.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing Evangelisonna of Theotokos Greek Orthodox Church to construct, operate and maintain an existing raised platform entrance which consists of two exterior stairs, a handicapped entrance ramp and a raised platform.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
Thank you. The Chief Clerk will please read the title.
An ordinance authorizing and directing the change of McPherson Square Branch of the Free Library of Philadelphia, located 601 East Indiana Avenue to The Coretta Scott King Branch of the Free Library of Philadelphia.
This bill will be referred to the appropriate committee, and the Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
The Chief Clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Broad Street, Lehigh Avenue, 24th Street, Fox Street, Hunting Park Avenue and Erie Avenue.
This bill will be referred to the appropriate committee, and the Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I have two bills and two resolutions. I ask the resolutions be referred to the appropriate committee.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution proposing an amendment to Bill No. 030003, which provides for the Operating Budget for Fiscal Year 2007, and a corresponding amendment to Resolution No. 060016, which provides for the Five-Year Financial Plan, to increase the City's contribution to Community College of Philadelphia.
The resolution will be referred to the appropriate committee.
And a resolution proposing an amendment to Bill No. 060003, which provides for the Operating Budget for Fiscal Year 2007, and a corresponding amendment to Resolution No. 060019, which provides for the Five-Year Financial Budget, to increase the budget for the Police Department.
This resolution will be referred to the appropriate committee, and at this time, the Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have 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 Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill.
The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 10-400 of The Philadelphia Code, entitled "Noise and Excessive Vibration," by adding and making changes to certain definitions; all under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one bill and one resolution, co-sponsored by Councilwoman Miller and Councilman Rizzo.
The Chief Clerk will please read the title of the 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 Approval by the Voters."
This 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 calling on the City to fight crime and violence through their use of video surveillance, which will be implemented in a manner that protects civil liberties and legitimate private interest.
This resolution will be referred to the appropriate committee, and the Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Madam President, I have one resolution that's introduced by you and I.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution recognizing, honoring, celebrating and thanking Carmen "Dee" DiPipi, Conductor of the Carmen Dee Orchestra, after over 60 years of providing excellent musical entertainment and delivering the big band sound throughout the City of Philadelphia and the tristate area.
Madam President, I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The the resolution is adopted. The next order of business is reports from committees, and the Chair recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.
Thank you, Council President. The Committee on License and Inspection reports one 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 License and Inspections, to which was referred Bill No. 060010, entitled "An ordinance amending Subcode "PM" (the Philadelphia Property Maintenance Code) of Title 4 of The Philadelphia Code by providing a Certificate of Rental Suitability to be 2/9/06 - STATED - 2ND READING provided by the owner of any rental property," has respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. Bill No. 060010 will be placed on our First Reading Calendar for our next session of Council. The next order of business is the consideration of the Calendar. As there are no bills on the First Reading Calendar, the Chair recognizes Councilwoman Blackwell for the purpose of calling up the bills for the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. We begin on where Bill No. 051028 is to be amended. The next page, at the bottom of , we have Bill No. 051104, then Bill No. 051232 and 233, Bill Nos. 050505, 051231, 051106 and 107, 051140 and 145, 051201, 2/9/06 - STATED - 2ND READING 202 and, finally, Bill No. 051234. All other bills are being held.
Thank you very much. I would ask the Chief Clerk to please read the title of Bill No. 051028.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adopting a new Chapter 14-400, entitled "Commercial Entertainment District," under certain terms and conditions.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I am offering an amendment to this bill today, a copy of which has been circulated to my colleagues.
Are you going to make a motion? COUNCILMAN DiCICCO: I make a 2/9/06 - STATED - 2ND READING motion that the amendment be adopted. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the amendment has been adopted. The Chief Clerk will please read the title of Bill No. 051104.
An ordinance approving the thirty-fourth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill pass finally. 2/9/06 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in 2/9/06 - STATED - 2ND READING the affirmative, the bill passes. We will now consider Bill No. 051232.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land bounded by Parkside Avenue and 51st Street.
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 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Clerk will please read the title of Bill No. 051233.
An ordinance approving the second amendment of the redevelopment proposal for the West Parkside Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 2/9/06 - STATED - 2ND READING call the roll.
Thank you, Madam President. My vote is aye. 2/9/06 - STATED - 2ND READING
Thank you, and I also vote aye. Therefore, the ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050505.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to extend the term of a sublease agreement with the Philadelphia Municipal Authority located on the second and third floors of 111 South 15th Street.
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 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. I would ask the Clerk to please read the title of Bill No. 051231.
An ordinance authorizing the Philadelphia Authority 2/9/06 - STATED - 2ND READING for Industrial Development to convey fee simple title to a certain property containing approximately 22 acres to the West Philadelphia Financial Services Institute, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 16; 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. 051106.
An ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," to provide for conditions on enforcement of prohibitions on parking a vehicle if the vehicle is not registered or not displaying a valid registration plate.
This bill having been read on two different days, the question now is shall the bill pass finally. 2/9/06 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in 2/9/06 - STATED - 2ND READING the affirmative, the bill passes. We will now consider Bill No. 051107.
An ordinance amending Chapter 12-3000 by amending limitations on the use of information collected under the Red Light Enforcement System.
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 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 051140.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 356 and 378, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. 2/9/06 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in 2/9/06 - STATED - 2ND READING the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 051145.
An ordinance regulating the movement of traffic on Chestnut Street; in particular, authorizing right turns to be made from Chestnut Street at certain intersections in Center City Philadelphia.
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. 2/9/06 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 051201.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 298 by extending Almatt Place approximately 105 feet.
This bill having been read on two different days, the question now is shall the bill 2/9/06 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A 2/9/06 - STATED - 2ND READING majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 051202.
An ordinance authorizing the paving of the extension of Almatt Place, 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 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The final bill to be considered is Bill No. 051234.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 266 by striking from the City Plan and vacating Jefferson Street and Heston Street, all under certain terms and conditions.
This bill having been read on two different 2/9/06 - STATED - 2ND READING days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. 16; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. That completes our Calendar for today. Are there speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? (No response.)
Seeing no one, the Chair recognizes Councilwoman Tasco.
Madam President, I move that Council stand adjourned until Thursday, February 16th at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, February 16th at 10:00 a.m. All in favor will please say (Aye.)
The ayes have it. The motion carries. Thank you very much. (Stated Meeting adjourned at 11:15 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 February 9, 2006, 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.)