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Minutes

Stated Meeting, September 15, 2005

Philadelphia City CouncilSep 15, 2005

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania. Thursday, September 15, 2005 11:40 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

Council President Verna

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, and I do thank you for your patience, Father, the Chair welcomes Father Jacob Christie from St. Thomas Siro-Malabar. He is here today as the guest of Councilman O'Neill. I would ask all members and guests to please rise. (Everyone rises.)

Father Christie

Good morning, ladies and gentlemen. I'm honored by being invited to start the new year session of the City Council. Let's bow in prayer. I want to thank Councilman Brian O'Neill who invited me. Let us endure the presence of Almighty, most loving and most regarded. We thank you for this wonderful day. Come to help while this respective Council meets the first session of this new year. Bless Council President Verna in a special way to guide and lead this honorable body. Bless all the City Councilmembers and officials. Let them be enabled by your powerful protection to list all their duties with wisdom and courage. Shower them with blessings and understanding, kindness and compassion. Almighty God, bless the City of Brotherly Love, protect it from all harm. We pray for all the afflicted people of Philadelphia and all who have been affected by Hurricane Katrina and other calamities in different parts of this great country. Bless all who are present here and their families. May God bless Philadelphia. Have a nice day.

Council President Verna

Thank you, Father, for your very, very inspiring invocation. Council will be at ease. (Council at ease.)

Council President Verna

The next order of business is the approval of the Journal of the meeting of Thursday, June 16, 2005, and the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the Journal of the meeting of Thursday, June 16, 2005 stand approved.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Journal of the meeting of Thursday, June the 16th, 2005 stand approved. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries, and the Journal of the meeting of Thursday, June 16, 2005 is approved. The next order of business is request for leave of absence, and, again, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. On behalf of the Majority, a leave of absence is requested for Councilman David Cohen.

Council President Verna

Thank you. Leave will be granted. Councilwoman Brown, your light is on. Did you want to be recognized?

Councilwoman Brown

Forgive me?

Council President Verna

Your light was on. Did you want to be recognized?

Councilwoman Brown

No, not at this time, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, on behalf of the Republicans, there are no requests for leave of absence.

Council President Verna

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize 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 the legislative affairs of our City. We certainly invite you to come again. The next order of business is 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.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that I have signed all the bills that were passed by Council at its session on June 9, 2005, and I also signed all of the bills that were passed at its Council session on June 16, 2005, except 050362.

Council President Verna

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.

Chief Clerk

That's all I have, Madam President.

Council President Verna

Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.

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.)

Council President Verna

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. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I offer two bills and two resolutions.

Council President Verna

Thank you. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Chapter 19-1300 of the Philadelphia Code, entitled "Real Estate Taxes," by providing for a tax credit against real estate taxes for a member of the National Guard or a reserve component of the Armed Forces of the United States.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Chapter 19-1500, entitled "Wage and Net Profits Tax," by excluding from tax any compensation paid to active duty military personnel, or to members of the National Guard who are called to active duty; under certain terms and conditions.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And a resolution honoring the School District of Philadelphia for its third year of growth on state achievement tests.

Council President Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution honoring Aaron McKie for all of his contributions to the 76ers and to the City of Philadelphia and wishing him many more years of success in future endeavors.

Council President Verna

Again, the Chair recognizes Councilman Kenney.

Councilman Kenney

I move the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I introduce three resolutions and one bill. The bill is on your behalf, as is one resolution.

Council President Verna

Thank you. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new chapter setting forth rules and regulations governing Council's consideration of requests for approval of permits to sell malt or brewed beverages for consumption off premises in Philadelphia; all under certain terms and conditions.

Council President Verna

The bill will be referred to the appropriate committee. Excuse me. Chief Clerk, can I see that bill a minute, please?

Council President Verna

I would ask the Chief Clerk to please read the title of the first resolution.

Chief Clerk

A resolution setting forth the procedure that will govern Council's approval or disapproval of requests for approval of permits to sell malt or brewed beverages for consumption off premises in Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, I move for the adoption of the resolution. This is the one with the malt liquor, isn't it?

Council President Verna

Yes.

Councilwoman Blackwell

Even though I'll be voting against it.

Council President Verna

Thank you. It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed?

Councilwoman Blackwell

Nay.

Council President Verna

Did I hear one nay?

Chief Clerk

Yes; Councilwoman Blackwell.

Council President Verna

I believe I heard one nay. So the majority of Council having voted in the affirmative, the resolution passes.

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 3rd, 6th and 24th wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It's been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution welcoming the survivors of Hurricane Katrina to our City and commending the City, the Philadelphia Housing Authority and the School District of Philadelphia for their efforts to help individuals and families affected by this tragedy.

Council President Verna

The Chair again recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Madam President, I offer two resolutions and one bill.

Council President Verna

Thank you. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Title 4 of Subcode PM, the Philadelphia Property Maintenance Code, to add requirements for the owners of one-family or two-family rental properties to have a local agent when the owner resides outside of the City limits; all under certain terms and conditions.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution recognizing September 2005 as Childhood Cancer Awareness month and honoring the Children's Hospital of Philadelphia for their outstanding efforts in the fight against childhood cancer.

Council President Verna

The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution honoring the memory of General Friedrich Wilhelm von Steuben and designating the area of Frankford Avenue from Welsh Road to Knorr Street as Steuben Strasse in celebration of the 35th Annual Steuben Day Parade to be held on Saturday, September 24, 2005.

Council President Verna

Again, the Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Mariano.

Councilman Mariano

Madam President, I have one bill and two resolutions.

Council President Verna

The Chief Clerk will please -- I'm sorry. Councilman Mariano, did you say you had one bill and two resolutions?

Councilman Mariano

One bill and two resolutions.

Council President Verna

The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance naming and designating the Lehigh Avenue branch of the Free Library of Philadelphia located at 601 West Lehigh Avenue as the Lillian Marrero Branch of the Free Library of Philadelphia.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 18th, 19th, 23rd and 33rd and 37th wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

I move for the adoption of this resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 18th, 19th, 23rd, 33rd and 37th wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

Thank you, Madam President. I would also move for the adoption of this resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I offer some resolutions.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first resolution.

Chief Clerk

A resolution recognizing October 8th as Multiple Myeloma Awareness Day.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution honoring Reverend Dr. William Womack, Sr. and its Co-Pastor, Mother Elouise Womack, on the great occasion of the 35th anniversary of the House of Prayer Baptist Church.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution recognizing Memory Walks in October and observing National Alzheimer's Awareness month in November 2005 in the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution honoring Cherelle L. Parker.

Council President Verna

And I'd like to say congratulations.

Councilwoman Tasco

Thank you very much.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you. I'm pleased to introduce this resolution on my new state rep, Cherelle Parker. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. Today I have three resolutions.

Council President Verna

I'd ask the Clerk to please read the title of the first resolution.

Chief Clerk

A resolution recognizing September 2005 as National Preparedness month.

Council President Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution recognizing September 2005 as National Alcohol and Drug Recovery month.

Council President Verna

Again, the Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 11th, 12th, 13th and 17th wards of the City of Philadelphia.

Council President Verna

The Chair again recognizes Councilwoman Miller.

Councilwoman Miller

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I offer one resolution.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution commending Richard L. Lombardo for 35 years of service to the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. On behalf of the families who have lost loved ones in Iraq and those families who still have loved ones serving there, I am pleased to introduce one resolution.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution welcoming the Bring Them Home Now tour to Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution -

Councilman Mariano

Can I say something about this resolution?

Council President Verna

I beg your pardon?

Councilman Mariano

Can I say something about this resolution?

Council President Verna

Your microphone is not on and all I can hear is "can I say something."

Councilman Mariano

Can I speak about this resolution before we vote on it, although we already did, the one that Councilwoman Brown just brought up, the Bring Them Home resolution?

Council President Verna

If you want to say something now, that's fine.

Councilman Mariano

I'm voting in favor of this resolution because I think the people that are doing it are doing what in their mind they think is right, but I don't want it ever to be thought that I voted against the memory of anybody that has lost their lives over there. And I know the people here have their gold star of mothers. That's the most precious thing you could have, to lose your precious children. But on my arm, I wear a band of two people, one is Pat Tillman, who was a ranger who was an NFL football player, who everybody knew, died by friendly fire in Vietnam. That's a human life snuffed out. The other one is a fellow from the Civil Affairs squadron that Pat Dugan went away with, who was a Lieutenant Colonel that lost his life. We can hate this war, but we've got to honor the people that were there. To me, this is another way to honor them. But I'm not opposed to their memories. Okay? I just need that to be said for the record. So I will vote in favor of this resolution. Thank you for your consideration, Councilwoman Brown.

Council President Verna

Thank you. It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed?

Councilman O'Neill

Nay.

Council President Verna

Did I hear a nay?

Councilman O'Neill

Nay.

Council President Verna

The record will reflect that Councilman O'Neill voted nay. The majority of members having voted in the affirmative, the resolution passes. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I offer three bills.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first bill.

Chief Clerk

An ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds Deposits, Investments and Disbursements," by requiring any City Depository authorized to accept City deposits under Section 19-201 of the Philadelphia Code to annually certify compliance with Section 17-104 and to provide the City with a long-term strategic plan to address disparities in its lending and investment activities.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds Deposits, Investments and Disbursements," by amending Section 19-201, entitled "City Depositories," by authorizing the City Treasurer to deposit funds in Bank of America, under certain terms and conditions.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds Deposits, Investments and Disbursements," by amending Section 19-201, entitled "City Depositories," by authorizing the City Treasurer to deposit funds in Advance Bank, under certain terms and conditions.

Council President Verna

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Ramos.

Councilman Ramos

Thank you, Madam President. I offer one bill and three resolutions, two of which are privileged.

Council President Verna

Thank you. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Title 6 of the Philadelphia Code by adding Chapter 6-900, relating to mold inspections; providing for licensing of residential mold inspectors; and requiring buyers of residential properties to have a licensed mold inspector conduct a comprehensive mold inspection if a home inspection identifies mold or water intrusion; all under certain terms and conditions.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And a resolution authorizing the Committee on Labor and Civil Service to hold public hearings to investigate the prevalence and problem of mold and further investigate ways to set standards to help the citizens of the City of Philadelphia with mold and mold remediation.

Council President Verna

The Chair recognizes Councilman Ramos.

Councilman Ramos

Madam President, I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)