COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 19, 2005, 10:53 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN 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 F. RAMOS COUNCILWOMAN BLONDELL REYNOLDS-BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 Stated - 5/19/05 P R O C E E D I N G S
We will now go into our session. I note that the hour has come and a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will please retire to the seats outside the rails. To give our invocation this morning, the Chair would request that Reverend Mr. Ramos give our invocation this morning. All members and guests will please rise. (All rise.) REV.
Let us pray. By the miracle of God's life in you and with you, you will see fruit of such quantity and size in your life that you will be amazed, and you will know that you had nothing to do with it. Heavenly Father, on this Your day, Stated - 5/19/05 guide us in the deliberations before us, for they will be tough. Pour Your grace and wisdom, patience and tolerance upon us. Only You are Almighty. And for Thee we say, praise the Lord in all of our works. Amen.
Amen. Thank you very much. The next order of business is the approval of the Journal of the Meeting of Thursday, May 12, 2005. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the Meeting of Thursday, May 12, 2005 stand approved. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the Journal of the Meeting of Thursday, May 12, 2005, stand approved. Stated - 5/19/05 All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries, and the Journal of the Meeting of Thursday, May 12, 2005 stands approved. The next order of business is requests for leave of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. On behalf of the Republicans there Stated - 5/19/05 are no requests for leaves 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. Councilwoman Blackwell, is your guest here to receive the proclamation?
I asked them to come over. They'll be here momentarily. They're only right across the street. Sorry, Madam president. I told them about 11:00.
Okay. I think, in order to save time, I would like to continue on with the calendar. Once they arrive, we can recognize them. Stated - 5/19/05
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 May 19, 2005, I signed all the bills that were passed by Council at its session on May 5, 2005. And I am transmitting for the consideration of your honorable body an ordinance amending Title 14 of The Philadelphia Code, entitled zoning and planning, by amending Chapter 14-200 entitled residential districts, by adopting a new waterfront redevelopment district, under certain terms and conditions; and an ordinance amending Bill Number 040765 Stated - 5/19/05 entitled, an ordinance approving the fiscal year 2005 capital budget, providing for expenditures for capital purposes of the Philadelphia Gas Works; and an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed bounded generally by 12th Street on the west, Wharton Street on the north, 11th Street on the east and Reed Street on the south; and an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located on the east side of University Avenue between Guardian Drive and Curie Boulevard; and an ordinance authorizing the Water Commissioner on behalf of the city to enter into an agreement with the owners of the properties and their successors of 923 rear, units one, two and three South 2nd Street; and an ordinance authorizing the Water Commissioner on behalf of the city to enter into an agreement with Stated - 5/19/05 the owner of the property and his successors at 8550 Veree Road; and an ordinance authorizing the Water Commissioner on behalf of the city to enter into an agreement with the owner of the property and his successors at 2401 Walnut Street, under certain terms and conditions; and an ordinance granting permission to Marie Bontigao, owner of Tabula Rasa Cafe, owner of the property 944 North 2nd Street, to operate and maintain an open air sidewalk cafe; and an ordinance granting permission to Longacre Holdings, owner of the property 1509 Mifflin Street, to operate an maintain an open air sidewalk cafe at the northwest corner of Mifflin Street and Hicks Street.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.
Thank you very much. Stated - 5/19/05 Councilwoman Blackwell, would you please call and find out if your guests are on their way.
At this time, the Chair recognizes Councilwoman Blackwell, who will present a resolution proclaiming May 8th through May 14th as Building Safety Week. And Councilwoman Brown will be joining Councilwoman Blackwell. Will Commissioner Robert Zabibli and those accompanying him please join the Councilwoman at the podium. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Resolution proclaiming May 8 to 14, 2005, as Building Safety Week within the City of Philadelphia, and encouraging all citizens to participate in activities that improve building safety. Whereas, building safety affects Stated - 5/19/05 many aspects of American life. Thanks in large part to the work of building safety and fire prevention officials working together, we enjoy the comfort of structures that safe and sound; And whereas, countless lives have been saved through the adoption and enforcement of building safety codes by local and state agencies. Dedicated members of the International Code Council, including code officials, architects, engineers and other construction professionals, work diligently to develop and enforce codes that safeguard all of us in buildings where we live, work, play and learn. The City of Philadelphia which is an active participant in this Code Council has adopted the international codes, the most widely used building and safety and fire prevention codes in the nation. In addition to the adoption of the international code, the Pennsylvania Uniform Construction Code became effective April 9, Stated - 5/19/05 2004; and whereas, City Council recognized the Department of Licenses and Inspection -and we thank them for all they do -- for the recent licensing and permitting reforms, it developed in collaboration with the Philadelphia Building and Construction Trades Council, to substantially improve code compliance and enforcement activities, for the purpose of promoting public health and safety in our city's construction industry. And whereas, Building Safety Week, sponsored by the International Code Council Foundation, is a wonderful opportunity to educate the public and increase awareness of the role of safety and fire officials, local building departments and federal officials play in the first line of defense in protecting the public; and...
Whereas, this year's theme, quote, making homes, schools and workplaces safer together, end quote, encourages all Americans to increase their awareness of building safety, and to take appropriate steps to ensure that the places Stated - 5/19/05 where we live, work and play are safe. And whereas, during Building Safety Week and throughout the year, this Council urges all Philadelphians to consider projects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials in the important role that they play in public safety. Now, therefore, resolved by the Council of the City of Philadelphia, that it has proclaimed May 8 through May 14, 2005, as Building Safety Week within the City of Philadelphia, and encourages all citizens to participate in activities that improve building safety. And further resolved, that an engrossed copy be given to the Department of Licenses and Inspection as evidence of this body's sincere appreciation in promoting building safety. Signed by the President of City Council, our own Anna C. Verna, introduced by colleagues Councilwoman Jannie Blackwell and Stated - 5/19/05 Blondell Reynolds Brown, and sponsored by all members of the Philadelphia City Council. Congratulations. (Applause.)
Thank you. The Chair recognizes Commissioner Zabibli for remarks. COMMISSIONER ZABIBLI: Good morning. I want to thank everyone here for honoring the men and women in the department. And we're there. It's a tough job, but safety is the foremost reason for our existence. And we take it seriously. And we thank you for recognizing that today. Thank you. (Applause.)
Council will be at ease. 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. Stated - 5/19/05 Thanks for permitting that resolution to be heard today. 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. UNIDENTIFIED COUNCIL PERSON: Second.
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 of the motion will please say aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney. (No response.) Stated - 5/19/05
Thank you, Madam President. Today I introduce eight bills and six resolutions.
Councilwoman, are you adding to what you had said originally? I think I had seven bills and five resolutions.
I'm sorry, Madam President. More came up. So, I have eight bills and six resolutions.
The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 9 of The Philadelphia Code, Section 9-602, entitled outdoor advertising, by amending the requirements for obtaining the conditions for issuance of license, including Stated - 5/19/05 the applicable fees imposing safety requirements and increasing penalties.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 19 of The Philadelphia Code entitled, finances, taxes and collections, by creating a new Chapter 19-3400 entitled, excise tax on outdoor advertising transactions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Philadelphia Authority for Industrial Development to purchase properties located 1627 to 33 South 49th Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-1200 of The Philadelphia Code entitled, parking tax, to provide for a Stated - 5/19/05 tax on valet parking transactions, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying fee simple title to certain tract of City-owned land located on the east side of University Avenue between Guardian Drive and Curie Boulevard.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Longacre Holdings, owner of the property 1509 Mifflin Street, to operate and maintain an open air sidewalk cafe.
This bill will be referred to the appropriate committee. Stated - 5/19/05
And an ordinance authorizing the Water Commissioner on behalf of the City of Philadelphia to enter into an agreement with the owner of the property and his successors at 2401 Walnut Street.
This bill will be referred to the appropriate committee.
And a ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded -- generally bounded by Oregon Avenue, 20th Street and the Walt Whitman Bridge.
This bill will also be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority deeds located in the 36th ward of the City of Philadelphia.
The Chair Stated - 5/19/05 recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
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 Mantua Urban Renewal Area.
The Chair recognizes Councilwoman Blackwell. Stated - 5/19/05
Thank you, Madam President. I move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
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 44th and Aspen Urban Renewal Area.
The Chair Stated - 5/19/05 recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
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 Mantua Urban Renewal Area.
The Chair recognizes Councilwoman Blackwell. Stated - 5/19/05
Thank you, Madam President. I move for the adoption. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution approving the actions of the Board of the Philadelphia Industrial Development Corporation and the Philadelphia Authority for Industrial Development to sell parcel A-22 located at 70th Street and Halston Avenue, Eastwick Urban Renewal Area.
The Chair recognizes Councilwoman Blackwell. Stated - 5/19/05
Thank you, Madam President. I move for the adoption. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the city deeds located in the 6th and 24th wards of the City of Philadelphia.
Again the Chair recognizes Councilwoman Blackwell. Stated - 5/19/05
Thank you, Madam President. I move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Kenney.
The Chair thanks the gentleman. The Chair recognizes Councilman Cohen. Stated - 5/19/05
Madam President, on behalf of the city administration, I offer two bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 20 of The Philadelphia Code entitled, officers and employees, by adding a new chapter entitled lobbying, under certain terms and conditions.
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 an amendment to the Philadelphia Home Rule Charter, creating and empowering a board of ethics, as approved by resolution of City Council.
This bill will be referred to the appropriate committee. Stated - 5/19/05
And a resolution proposing an amendment to the Philadelphia Home Rule Charter, creating and empowering a new board of ethics, and providing for the submission of the amendment to the electors of Philadelphia.
This resolution will also be referred to the appropriate committee. Does anyone have bills to be introduced for Councilwoman Krajewski? All right. The Chair recognizes Councilman Kelly, for the purpose of introducing bills for Councilwoman Krajewski.
I offer five bills on behalf of Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the first 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 Delaware Avenue, Tacony Bridge, Eldridge Street and Stated - 5/19/05 the New State Road and Huron Avenue.
The bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia maps, by changing the zoning designations of certain areas of land located within an area bounded by Thompson Street, Arson Road, Edgemont Street, Juliana Street, Solomon Street, Berkshire Street and Richman Street.
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 State Road, former Rhawn Street, the Delaware River and Bleigh Avenue.
This bill will also be referred to the appropriate committee.
And an ordinance Stated - 5/19/05 amending Title 14 of The Philadelphia Code, entitled zoning and planning, by amending Chapter 14-200 entitled, residential districts, by adopting a new Chapter 14-216 entitled, Waterfront Redevelopment District.
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 New State Road, Minor Street, Princeton Avenue, the Delaware River and Huron Avenue.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Stated - 5/19/05 Tasco.
Madam President, I offer one bill and three resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Bill Number 040765 entitled, an ordinance approving the fiscal year 2005 capital budget providing for expenditures for the capital purposes of the Philadelphia Gas Works.
The bill will be referred to the appropriate committee.
And a resolution declaring June 16, 2005 as Tammy Terrell day.
I move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has Stated - 5/19/05 been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution declaring June 3, 2005 as Safe Night Philadelphia Day.
I move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution declaring May 28 to 30, 2005 Cherokee Heritage Weekend, in celebration of the 12th annual Cherokee Indian festival.
I move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes Stated - 5/19/05 have it, and the resolution is adopted.
Thank you, Madam President. Today I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Nutter for introduction of bills and resolutions.
You want me to bypass you. Okay. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions this morning.
Thank you. The Chair recognizes Councilman Goode. Stated - 5/19/05
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Madam President, I offer one bill on behalf of the administration.
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 various provisions to prohibit rehiring retirees who had retired out of D.R.O.P., and to allow certain transfer payments for purchase of service to provide certain retroactive effective dates.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Stated - 5/19/05 DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Earlier I indicated I had two resolutions. It will only be one resolution and four bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance granting permission to Marie Bontigao, owner of Tabula Rasa Cafe, tenant of the property located at 944 North 2nd Street, to operate and maintain an open air sidewalk cafe.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Water Commissioner on behalf of the city to enter into an agreement with the owners of the properties and the successors at 923 rear units one, two and three South 2nd Street.
This bill Stated - 5/19/05 will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying for nominal consideration fee simple title to three adjacent parcels bounded generally by 12th Street on the west, Wharton Street on the north, 11th Street on the east, and Reed Street on the south.
This bill will also be referred to the appropriate committee.
And an ordinance authorizing The Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, under the Redevelopment Assistance Capital Program in an amount not to exceed $1 million to assist in the construction of a new rehearsal facility for the Rock School of Ballet. Stated - 5/19/05
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 31st ward of the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke. Is anyone introducing anything for Councilman Clarke? The Chair recognizes Councilman Kelly.
Madam President, I offer one bill on behalf of Councilman Clarke.
Thank you. The Chief Clerk will please read the Stated - 5/19/05 title of the relation.
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 Model Cities Urban Renewal Area.
Move for the adoption. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. Councilman Kelly, do you have any bills or resolutions on your behalf?
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. Again, I'm going to recognize Councilman Nutter for the introduction of any bills or resolutions he may have.
Thank you, Madam President. I offer two privilege resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution urging Stated - 5/19/05 the Pennsylvania United States Senators and Congressional delegation to oppose the proposed cut in federal funding for adult basic and literacy education and the Everstart Program.
I move the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution authorizing the Commissioner of Public Stated - 5/19/05 Property to execute and deliver to the Redevelopment Authority deeds located in the 4th ward of the City of Philadelphia.
Thank you, Madam President. I move the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The next order of business is reports from committees. Councilman Cohen, would you like Stated - 5/19/05 Councilman Kenney to submit the report from the Committee on Law and Government?
Thank you, Madam President. On behalf of Councilman Cohen, the Chairman, the Committee on Law and Government reports one resolution 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 Law and Government to which was referred Resolution Number 050428 entitled, a resolution proposing an amendment to the Philadelphia Home Rule Charter relating to city leases, contracts, concessions, and the provision of financial assistance, and providing for the submission Stated - 5/19/05 of the amendment to the electors of Philadelphia, respectfully reports it has considered the same and returns the attached resolution to Council with a favorable recommendation.