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
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.)
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.
Thank you, Father, for your very, 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, June 16, 2005, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, June 16, 2005 stand approved.
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.)
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.
Thank you, Madam President. On behalf of the Majority, a leave of absence is requested for Councilman David Cohen.
Thank you. Leave will be granted. Councilwoman Brown, your light is on. Did you want to be recognized?
Your light was on. Did you want to be recognized?
Thank you. 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 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.
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.
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. The Chair recognizes Councilwoman Blackwell for a motion.
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 of the motion will please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two bills and two resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
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.
The bill will be referred to the appropriate committee.
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.
This bill will be referred to the appropriate committee.
And a resolution honoring the School District of Philadelphia for its third year of growth on state achievement tests.
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.)
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.
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. I introduce three resolutions and one bill. The bill is on your behalf, as is one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
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.
The bill will be referred to the appropriate committee. Excuse me. Chief Clerk, can I see that bill a minute, please?
I would ask the Chief Clerk to please read the title of the first resolution.
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.
Madam President, I move for the adoption of the resolution. This is the one with the malt liquor, isn't it?
Thank you. It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
I believe I heard one nay. So the majority of Council having voted in the affirmative, the resolution passes.
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.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
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.
The Chair again recognizes Councilwoman Blackwell.
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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Madam President, I offer two resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
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.
The bill will be referred to the appropriate committee.
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.
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.)
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.
Again, the Chair recognizes Councilwoman Krajewski.
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 Councilman Mariano.
Madam President, I have one bill and two resolutions.
The Chief Clerk will please -- I'm sorry. Councilman Mariano, did you say you had one bill and two resolutions?
The Chief Clerk will please read the title of the bill.
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.
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 deeds located in the 7th, 18th, 19th, 23rd and 33rd and 37th wards of the City of Philadelphia.
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 say aye. (Aye.)
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.
Thank you, Madam President. I would also 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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution recognizing October 8th as Multiple Myeloma Awareness Day.
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 indicate by saying aye. (Aye.)
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.
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.)
And a resolution recognizing Memory Walks in October and observing National Alzheimer's Awareness month in November 2005 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 say aye. (Aye.)
Thank you. I'm pleased to introduce this resolution on my new state rep, Cherelle Parker. (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 Councilwoman Miller.
Thank you, Madam President. Today I have three resolutions.
I'd ask the Clerk to please read the title of the first resolution.
A resolution recognizing September 2005 as National Preparedness month.
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 indicate by saying aye. (Aye.)
And a resolution recognizing September 2005 as National Alcohol and Drug Recovery month.
Again, the Chair recognizes Councilwoman Miller.
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.)
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.
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 Nutter.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution commending Richard L. Lombardo for 35 years of service to the City of Philadelphia.
Thank you, Madam President. 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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes 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.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution welcoming the Bring Them Home Now tour to Philadelphia.
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
Your microphone is not on and all I can hear is "can I say something."
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?
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.
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
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.
Thank you. The Chief Clerk will please read the title of the first bill.
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.
The bill will be referred to the appropriate committee.
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.
This bill will be referred to the appropriate committee.
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.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer one bill and three resolutions, two of which are privileged.
Thank you. The Chief Clerk will please read the title of the bill.
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.
This bill will be referred to the appropriate committee.
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.
Madam President, I move for 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.)