COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING AND BUDGET ADDRESS Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 19, 2009 10:00 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
I note that the hour has come and that a quorum of this Council is present. Council will 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 Bishop Benjamin Fisher, Pastor of the Greater Bethel Temple. He is here today as the guest of Councilwoman Sanchez. At this time, I would ask all members and guests to please rise. (Members and guests rise.)
Thank you, Madam President. Bow your heads. Father, in the name of your son, Jesus Christ, as we huddle here today and convene at this time in this City Council Chamber, we thank you for another day, and honor you for the privilege of life and service. God, we also celebrate this opportunity you have afforded our Mayor and this City Council to once again pass effective legislation, address our needs, respond to our problems, and do good. Lord, we now pray for Mayor Nutter and his cabinet, all the members of City Council and their staff, and the many others who serve in this government and lead the affairs of our city. Father, lift our city and provide for all of our communities and neighborhoods. Your word shares that you would supply all our needs according to your riches and glory. Though we are in the throes of an international recession, Lord, the City of Philadelphia is blessed and refuses to participate. Lord, help us. Lord, help the City of Philadelphia that success and prosperity be in our future, and we will thank you. We ask this prayer in the name of Jesus the Christ. (Amen.)
The Chair thanks Bishop Fisher for his 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, March 12, 2009, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, March 12, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 12, 2009 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Madam President, at this point I have no requests for leave of absence.
Thank you. The Chair will dispense with the regular order of business to 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. 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 you individually, owing to the constraints of time, today I am unable to do so. Please know that we appreciate you being with us. We want to extend a warm welcome and to offer our thanks for the good job you do. We appreciate your presence. At this time, I would ask all of our distinguished guests, elected officials and representatives of the so that we may acknowledge them with a round of applause. Please stand. (Applause.)
And I see in our midst this morning we have a former Mayor, John Street. If he would stand. Welcome. (Applause.)
At this time, the Chair recognizes Councilwoman Sanchez, who will present a resolution recognizing the Frankford Chargers. Will Mr. Rasheed Muhammad and those accompanying him please join the Councilwoman at the podium.
Thank you, Madam President. For all of my colleagues and folks visiting us, today is my Frankford day. Bishop Fisher, who joins me from Frankford, and now this wonderful group represent some of the best and the brightest and some of the great things that happen in this city every single day. So it's my great pleasure and honor to recognize the Frankford Chargers. Many of you have heard the Gambrel Field received a tremendous makeover about two years ago. This year we finished close to a million-dollar renovation, and we're in the process of a $1.2 million renovation, making the Gambrel Field where the Chargers call home one of the most premiere recreational facilities in this city. And during this time, as we talk about making tough choices, it is clear that these young men and women who use these facilities need to make sure that we're providing the leadership to allow them the opportunities to reach their potential through their efforts and comradery that is offered through this league. institution in Frankford and have done great work, and I'm very pleased and honored to be able to serve them. So recognizing and honoring the Frankford Chargers on winning the Pop Warner Football 160-pound National Championship. Whereas, the Frankford Chargers compete in the Pop Warner Football League 160-pound Division; and Whereas, the Frankford Chargers completed their 2008 season with a perfect record of 15 wins and zero losses; (Applause.)
And whereas, the Frankford Chargers earned an entry into the Pop Warner National Championship Tournament in Orlando, Florida; and Whereas, led by head coach Rasheed Muhammad, quarterback David Santoni and running back Hakeem Stillman, the tournament and earned a berth in the championship game; and Whereas, on December 13, 2008, the Chargers defeated Oakridge, North Carolina by a score of 37 to 6 and won the Pop Warner's 160-pound Division 1 Championship. (Applause.)
Now, therefore, be it resolved, that the Philadelphia City Council hereby congratulates and honors the Frankford Chargers and their head coach, Rasheed Muhammad, on this incredible achievement. We honor your impressive accomplishments on the football field and also on the fine work you do in shaping these young men. We wish you success as you defend this championship next season. You have made the City of Philadelphia proud. Congratulations. Further resolved, that an grossed copy be given to the Frankford Rasheed Muhammad as a sincere expression of City Council's appreciation and gratitude. Signed and co-sponsored by all members of City Council. Congratulations. (Applause.)
It was a great ride this year. I definitely want to bring appreciation to my team. They put a lot of work in since day one, and they deserve every bit of this recognition that they get. Thank you. (Applause.)
At this time, the Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, at this time, I'd like to recognize some special students from Temple University.
Our future leaders, who are capably led by their Professor and former Mayor, John Street. I would like to ask the students to stand up please for a moment.
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages 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, pursuant to Section 2-307 of the Home Rule Charter, I am today submitting to the Council the recommendations of the City Planning Commission on Bill No. 080954; and I am transmitting 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 2010 through 2014, and incorporating proposed changes with respect to Fiscal Year 2009; and I am transmitting herewith for the consideration of your honorable body an ordinance to adopt a Fiscal 2010 Capital Budget; and An ordinance to adopt a Capital Program for the six Fiscal Years 2010-2015 inclusive; and An ordinance adopting the Year 2010; and An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the General Fund 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 impose a tax on real estate within the City of Philadelphia; and 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; and An ordinance amending Chapter 19-1300 of The Philadelphia Code, "Real Estate Taxes," by revising the real estate tax rate, under certain terms and conditions; and An ordinance amending Chapter 19-2700 of The Philadelphia Code, entitled "Sales and Use Tax and Hotel Occupancy Tax," by revising the rate of tax, under certain terms and conditions; and An ordinance amending Section 10-1001 of Title 10 of The Philadelphia Code relating to the fees charged by the Commissioner of Records by modifying the amount of such fees, under certain terms and conditions; and An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," to require certain businesses and property owners either to pay a fee for City waste hauling or demonstrate that the business or property owner has a private provider of waste and recycling services; and 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 to avoid initiation of further proceedings, 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. (Audience members in balcony fighting.) (Pause.)
The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney for the purpose of introducing bills and resolutions.
I offer one resolution and one bill on behalf of the Administration.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by amending Section 22-310, entitled "Deferred Retirement Option Plan," by making certain changes to the DROP plan, including making elected officials ineligible to participate in the DROP; and providing for an annual report concerning the DROP; all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution proclaiming March 2009 as American Red Cross Month in the City of Philadelphia.
The Chair again recognizes Councilman Kenney for a motion.
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 is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance renaming and designating McAlpin Playground located at 36th and Aspen Streets as the "Miles Mack Playground."
The bill will be referred to the appropriate committee.
And a resolution honoring and recognizing the West Philadelphia High School Automobile Academy for Mechanics and Engineering and the Hybrid X Team for their participation in the Automatic X Prize Competition to develop and market a car that gets over 100 miles to the gallon.
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 offer one resolution.
Thank you. The Chief Clerk will please read the title of the resolution.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the General Fund to certain or all City offices, departments, boards and commissions.
The bill will be referred to the appropriate committee.
And a resolution declaring April 2009 as Autism Awareness Month and recognizing April 2, 2009 as World Autism Day in the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President, on behalf of the Administration, I am introducing ten bills and one resolution.
Thank you. The Chief Clerk will please read the title of the bills.
An ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," by revising the real estate tax rate, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-2700 of The Philadelphia Code, entitled "Sales and Use Tax and Hotel Occupancy Tax."
This bill will be referred to the appropriate committee.
And 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.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," to require certain businesses and property owners to either pay a fee for City waste hauling or demonstrate that the business or property owner has a service.
This bill will be referred to the appropriate committee.
And 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 to avoid initiation of further proceedings, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And 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.
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 adopting the Operating Budget for Fiscal Year 2010.
This bill will be referred to the appropriate committee.
And an ordinance to adopt a Capital Program for the six Fiscal Years 2010-2015 inclusive.
The bill will be referred to the appropriate committee.
The bill 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 2010 through 2014, and incorporating proposed changes with respect to Fiscal Year 2009.
This resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Green.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution urging the City of Philadelphia and the Commonwealth of Pennsylvania to support American companies and American-made products while spending its funding allocation from the American Recovery and Reinvestment Act.
Thank you, Madam President. This resolution was recommended to me by the United Steel Workers of America, and I move for its 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. (Applause.)
The Chair recognizes Councilman Green -- I'm sorry; Councilman Jones.
It's been a long morning, Madam President. Today I offer one bill, Madam President.
That's going around this morning. Today I offer one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 9-1004 of The Philadelphia Code, entitled "Contractors," to impose additional requirements on those required to obtain a contractor license and to provide for City publication of contractor information and investigation of contractor violations, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
The Chief Clerk will please read the title of the first resolution.
A resolution authorizing City Council's Committee on Education to hold public hearings to examine the School District of Philadelphia's procedure for the identification, evaluation and referral of children with special needs and the corresponding development and implementation of appropriate individualized educational plans.
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution will be referred to the appropriate committee.
And a resolution honoring Autumn Adkins on her appointment as President of Girard College and recognizing her as the first African-American woman to serve in this post.
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 please indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilman O'Neill.
The Chief Clerk will please read the title of the resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the American Street Industrial Corridor Urban Renewal Area.
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 Councilman
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilman Greenlee for a report from the Committee on Law and Government.
Thank you, Madam President. The Committee on Law and Government reports one bill and one resolution with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia, the Committee on Law and Government, to which was referred Bill No. 090171, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter relating to how and when required notices shall be published and advertised"; and "A resolution proposing an amendment to the Philadelphia Home Rule Charter relating to how and when required notices shall be published and advertised, and providing for the submission of the amendment to the electors of Philadelphia," respectfully reports it has considered and amended the same and returns the attached bill and a favorable recommendation.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 090171. (Duly seconded.)
It has been moved and properly seconded. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The bill just read will be placed on our First Reading Calendar for today. 090179 will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair now recognizes Councilwoman Sanchez for a report from the Committee on Licenses and Inspections.
Thank you, Madam President. The Committee on Licenses and Inspections 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 Licenses and Inspections, to which was referred Bill No. 080650, entitled "An ordinance amending Section 9-605 of The Philadelphia Code, entitled 'Towing,' by amending the requirements required for towing from private lots, private driveways, 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. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I move that the rules of Council be suspended so to allow first reading of Bill No. 080650. (Duly seconded.)
It has been moved and properly seconded. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The be placed on our First Reading Calendar for today. The Chair recognizes Councilwoman Miller for a report from the Committee on Public Safety.
Thank you, Madam President. The Committee on Public Safety 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 Public Safety, to which was referred Bill No. 080750, entitled "An ordinance amending Title 10 of The Philadelphia Code, entitled 'Regulation of Individual Conduct and Activity,' by amending Chapter 10-300, entitled 'Minors,' by providing for the establishment of a daytime curfew for minors of compulsory when such minors are required to be in school, providing for penalties, adding definitions and making certain technical changes, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 080750. (Duly seconded.)
It has been moved and properly seconded. All in favor will say aye. (Aye.)
Those 3/19/09 - STATED - 2ND READING opposed? (No response.)
The ayes have it and the motion carries. The bill just read will be placed on our First Reading Calendar for today. The noise level is really much too high. The next order of business is the consideration of the Calendar. I would note that the bills just reported from committee with a suspension of the rules have been deemed to have had a first reading and will not be read a second time. They will be placed on the Second Reading and Final Passage Calendar for our next session of Council. There are no additional bills on the First Reading Calendar. Therefore, the Chair recognizes Councilwoman Tasco for the purpose of calling up bills on the Second Reading and Final Passage Calendar.
Thank you, 3/19/09 - STATED - 2ND READING Madam President. Bill No. 090007 is being called up for Second Reading and Final Passage Calendar today. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 090007.
An ordinance amending Section 19-203 of The Philadelphia Code, entitled "Payroll Deductions," to add the Friends of the Free Library of Philadelphia to the list of designated payees to whom an employee may direct payroll deductions, 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.