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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 President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution will be referred to the Committee on Labor and Civil Service.

Chief Clerk

And a resolution recognizing and honoring Nilsa Gonzalez on retiring from the School District of Philadelphia.

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 properly 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 is adopted.

Chief Clerk

And a resolution honoring the life of Gennaro Pellegrinni, Jr.

Council President Verna

The Chair recognizes Councilman Ramos.

Councilman Ramos

Councilman DiCicco has joined me in this resolution. 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 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 DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two bills and three resolutions.

Council President Verna

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

Chief Clerk

An ordinance amending Title 10 of the Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," including by amending Chapter 10-400 of the Philadelphia Code, entitled "Noise and Excessive Vibration."

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Section 14-1621 of the Philadelphia Code, entitled "Passyunk Avenue Special District Controls," by expanding the District boundaries to include portions located in the East Passyunk Avenue Business Improvement District.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And a resolution approving the redevelopment contract of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the Independence Mall Urban Renewal Area.

Council President Verna

The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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.

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority, the City of Philadelphia, deeds located in the 45th ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 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 authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 2nd and 31st wards of the City of Philadelphia.

Council President Verna

The Chair again recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. I'd also like to make note that the noise ordinance bill I introduced was co-sponsored by my colleagues Councilwoman Krajewski and Councilman Kenney.

Council President Verna

Thank you. Is there a second? (Duly seconded.)

Council President Verna

It has been moved and properly 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 is adopted. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I have no bills, no resolutions.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I offer two bills and companion legislation on a Charter change for one bill and one resolution co-sponsored by Councilwoman Blondell Reynolds Brown and myself. So it's three bills total, one resolution.

Council President Verna

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

Chief Clerk

An ordinance amending Section 17-107 of the Philadelphia Code, entitled "Contractors: Labor-Management Relationships," by requiring a certain number of apprentices and journeymen on every City-work contract, all under certain terms and conditions.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing the revision of lines and grades in a portion of City Plan No. 119 by striking from the City Plan and vacating Perth Street and widening Franklin Street both sides.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And 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 the transfer of the powers and duties of the Fairmount Park Commission to the Department of Recreation.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution proposing an amendment to the Philadelphia Home Rule Charter relating to the transfer of the powers and duties of the Fairmount Park Commission to the Department of Recreation, to be renamed the Department of Parks and Recreation, and reconstituting the Fairmount Park Commission as the Commission on Parks and Recreation.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move -- no. There's no move. It's referred to the committee.

Council President Verna

I'm sorry. That is a question on the ballot. That will be referred to the appropriate committee. And at this time, the Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I wish to speak briefly on the Charter change bill and ultimate withdrawal. The City of Philadelphia and the William Penn Foundation spent a total of $600,000 on a new strategic plan for the 9,100 acres of our park. Councilman Clarke and I have now taken up what some might call The Cross to make parts of that plan reality. So I would like to note that the bill and resolution we introduced today to amend the provisions of the Home Rule Charter concerning Fairmount Park Commission are intended to replace an earlier bill and resolution that we introduced this past June. I move that the earlier bill and resolution, Bill No. 050697 and Resolution No. 050721, be withdrawn. Thank you.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

It has been moved and properly seconded that Bill No. 050697 and Resolution No. 050721 be withdrawn. 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 Bill No. 050697 and Resolution No. 050721 has been withdrawn. The Chair recognizes Councilman Kelly.

Councilman Kelly

Madam President, I have no bills or resolutions today.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, three resolutions today.

Council President Verna

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

Chief Clerk

A resolution recognizing, honoring and celebrating Fairmount Park for its invaluable contribution to the life-style and beauty of the City of Philadelphia on the occasion of its 150th anniversary.

Council President Verna

The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, I would like to note that this has been co-sponsored by all members of City Council. 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 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, honoring and celebrating the 25th anniversary of the Maternity Care Coalition for strengthening families one baby at a time.

Council President Verna

The Chair again recognizes Councilman Rizzo.

Councilman Rizzo

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.

Chief Clerk

And a resolution recognizing, honoring and celebrating the 85th anniversary of a great American milestone. In 1920, the 19th Amendment to the United States Constitution was passed, giving women the right to vote.

Council President Verna

The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, I'd like to note that this was co-sponsored by all the Councilwomen in City Council.

Council President Verna

Thank you.

Councilman Rizzo

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 say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The next order of business is reports from committees, and the Chair recognizes Councilman Clarke for a report from the Committee on Rules.

Councilman Clarke

Thank you, Madam President. I actually don't have the numbers listed.

Council President Verna

The number that you're reporting out of committee?

Councilman Clarke

It's not listed.

Council President Verna

I believe it's Bill No. 050421.

Councilman Clarke

Thank you. Madam President, the Committee on Rules reports one bill with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report.

Chief Clerk

To the President of members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 050421, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designation of certain areas of land located within an area bounded by Bluegrass Road, Grant Avenue, Ashton Road and Willits Road," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Council President Verna

Thank you. Bill No. 050421 will be placed on our First Reading Calendar at our next session of Council. We now have a special business. Council will now proceed under a special order of business, a resolution recalling Bill No. 050362. time, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution, which was circulated yesterday.

Council President Verna

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

Chief Clerk

A resolution requesting the Mayor to return to Council Bill No. 050362, entitled "An ordinance authorizing Brandywine Realty Trust, 401 Plymouth Road, Plymouth Meeting, its successors and assigns, to install, construct, own and maintain underground electrical service conduit and lighting bollards and other facilities on, under and along the north footway of Arch Street between 29th Street and 30th Street, under certain terms and conditions," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

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

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 has been adopted. The Chief Clerk will please read the letter from the Mayor.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted today, September 15, 2005, Bill No. 050362, entitled "An ordinance authorizing Brandywine Realty Trust, 401 Plymouth Road, Plymouth Meeting, to install, construct, own and maintain underground electrical service conduit, lighting bollards and other facilities on, under and along the north footway of Arch Street between 29th and 30th Street, under certain terms and conditions," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell for a motion that Council reconsider the vote by which Bill No. 050362 was passed.

Councilwoman Blackwell

So moved, Madam President. (Duly seconded.)

Council President Verna

All in favor will please signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 050362 was passed has been reconsidered. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I would like to offer an amendment to Bill No. 050362. A copy of this amendment also has been circulated to all members of Council, and I also move for its adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the amendment to Bill No. 050362 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 Bill No. 050362 has been amended. This bill will be placed on the Second Reading and Final Passage Calendar of our next session of Council. The next order of business is the consideration of the Calendar. The Chief Clerk will please read any bills that are on the First Reading Calendar.

Chief Clerk

I have no bills on First Reading Calendar, Madam President.

Council President Verna

Thank you. Since we don't have any bills on the First Reading Calendar, the Chair recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.

Councilwoman Blackwell

Thank 9/15/05 - STATED - 2ND READING you, Madam President. Today Bill Nos. 040698, 050380, 050576 and 050337 are being called up for second reading and final passage. All other bills are being held.

Council President Verna

Thank you. Councilwoman, did you mention Bill No. 050380?

Councilwoman Blackwell

Yes, I did.

Council President Verna

Thank you.

Councilwoman Blackwell

Thank you.

Council President Verna

I would ask the Clerk to please read the title of Bill No. 040698.

Chief Clerk

An ordinance amending Section 9-605 of the Philadelphia Code, entitled "Towing," by providing that no license to engage in the business of towing vehicles shall be issued to a towing company whose business is located in any political subdivision 9/15/05 - STATED - 2ND READING or state that will not, as a matter of practice or policy, enter into contracts for towing services with any Philadelphia-based towing companies, all under certain terms and conditions.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. 9/15/05 - STATED - 2ND READING

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo. 9/15/05 - STATED - 2ND READING

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Council President Verna

She's not in the room.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Clerk will please read the title of Bill No. 050380.

Chief Clerk

An ordinance approving the fifth amendment of the redevelopment proposal for the Independence Mall Urban Renewal Area, Unit 4, being the area beginning at the intersection of the southerly side of Arch Street and the westerly side of 9th Street.

Council President Verna

This bill having been read on two different days, the question now is shall the bill 9/15/05 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano. 9/15/05 - STATED - 2ND READING

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are zero. A 9/15/05 - STATED - 2ND READING majority of all members having voted in the affirmative, the bill passes. At this time, the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I'd like to be recorded as voting aye on Bill 040698.

Council President Verna

The record will so reflect that. Thank you. The Clerk will please read the title of Bill No. 050576.

Chief Clerk

An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into an agreement to sublease from the Philadelphia Municipal Authority a building located at 6901 Woodland Avenue, under certain terms and conditions.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass final. The Clerk will please call the 9/15/05 - STATED - 2ND READING roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman 9/15/05 - STATED - 2ND READING Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.