COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 14, 2006 10:55 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 COUNCILWOMAN DONNA REED MILLER 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
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. The 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, the Chair welcomes Reverend Joseph Aiken of the Upper Room Baptist Church. He is here today as the guest of Councilwoman Tasco. I would ask all members and guests to please rise. (Everyone standing.)
Our Father, our God, we come at this hour first to say thank you for this august responsibility and that we come to gather today in the ensuing and oncoming events of our community and our cities. We ask you, God, to remember those that are to make decisions for your people. We're living in crucial times. from one moment to another what will take place, but we do know that the steps of a good man or woman are ordered by the Lord. And as these Councilpersons under the leadership of this President make decisions for our people, for our community and for our future, allow them, if you please, to share their intelligences to the utmost that they may make the proper decisions for your people. Allow them to indiscriminately make decisions that will be beneficial and productive for the purpose of living together as one people, as one nation under God, with no and nothing barring us from loving each other. Thank you for these moments and thank you for the memorial of our City of New York, those persons who fell under the banner of losing lives. And even in our City today where crime is high, remember our children, our parents and those that will help us to live for let the words of my mouth and meditation of my heart be acceptable in our sight. Oh, Lord, our creator and our redeemer, in his name we pray. Amen.
Amen. The Chair thanks Reverend Aiken for his 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 15, 2006, and the Chair at this time recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, June 15, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, June 15, 2006 stand approved. indicate by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, June 15, 2006 is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the majority, there are no requests for leaves of absence today.
The Chair thanks the Councilwoman. At this time, the Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, 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 to the legislative affairs of our City. We certainly invite you to come again. At this time, the Chair recognizes Councilman Rizzo, who will present a resolution recognizing the very lovely and beautiful Mary Kaye Jacono, Miss Philadelphia 2006. Will Miss Jacono and those accompanying her please join Councilman Rizzo at the podium.
And if Council Lady Blackwell will join me, in Councilwoman Jannie Blackwell's district. Welcome to City Council. And her mom and dad and grandmom, I think, and some other members of the family. Good morning, everyone. Welcome back. Recognizing, honoring and celebrating Mary Kaye Jacono, Miss Philadelphia 2006, for her talents and well-rounded persona that earned her the title "Miss Philadelphia 2006," and wishing her well in the Miss Pennsylvania 2006 Pageant. Whereas, Mary Kaye competed against 16 of Philadelphia area's attractive, intelligent and most talented young women, and excelled in the competition; Whereas, Mary Kaye's musical talents, interviewing skills and physical beauty exemplified what it means to hold the title "Miss Philadelphia"; Whereas, Miss Jacono graduated with a Bachelor of Arts, received a double major in English and theatre arts and a minor in sociology, only to exemplify her intellectual acumen by attending Villanova Law School and is currently in her second year; and
Whereas, Miss Jacono has been honored by the Public Interest Fellowship Organization for dedication to public service, is on the Executive Board of the Pro Bono Society, and is actively involved in the Street Law Program at Chester High School and a volunteer for the Legal Choice Clinic for the Disabled; and Whereas, Miss Jacono was named Penn State Woman of the Year 2004 and received the National Dorthy Shaw Award for service and leadership upon graduation; and Whereas, Miss Jacono was awarded a position on the Dean's List and honors organization of the Order of Omega and Phi Eta Sigma; and
Whereas, Mary Kaye is a published children's author, whose book entitled "Lenny's Gift," a story of a young turtle named Lenny who learns that he is special because he is able to perform community service, was not only a source of educational material for children but was also a source of assistance since Mary Kaye donated all of the proceeds of this book to children's organizations. And now therefore, resolved, by the Council of the City of Philadelphia, the City Council hereby recognizes, honors and celebrates Mary Kaye Jacono, Miss Philadelphia 2006, for her talents and well-rounded persona that earned her the title "Miss Philadelphia 2006" and wishing her well in the Miss Pennsylvania Pageant 2006. Further resolved, that an engrossed copy of this resolution be as further evidencing the sincere admiration and gratitude of this legislative body. And, Mary Kaye, this has been signed by every member of this legislative body. So everyone in this Council appreciates your hard work and we wish you a lot of success. (Applause.)
The Chair recognizes Miss Jacono for remarks. MISS JACONO: Thank you so much. This is such an honor. Before I begin, I would like to ask everyone to please join in singing God Bless America with me. (Everyone singing God Bless America.) (Applause.) MISS JACONO: Thank you. I can't tell you what an incredible honor it is to be here today representing the Miss Philadelphia organization for all of you. For the past 85 years, Miss symbol and a servant for this City, and as each day progresses in my reign, it just reminds me more how special it is to have this job. It's the absolute best job in the world, and I am just so honored to be serving you. I have been spending the past couple of months promoting my platform, which is child advocacy, and speaking on behalf of children in our community. This Friday I will make my first visit to the Children's Hospital of Philadelphia, but I certainly hope it will not be my last. And I have been spreading the message of my children's book, "Lenny's Gift," to as many children as I can in our community. So I just ask that if there's anything that I can do for you, please let me know, because I am very dedicated to getting out in our community and helping children particularly in any way that I can. But as Miss Philadelphia, I service. So thank you so much for having me today and please let me know if I can help you with anything. Thank you so much. (Applause.)
The Chair now recognizes Mr. Kevin McAleese for brief remarks. MR. McALEESE: Thank you, Madam President. I appreciate the opportunity to say hello to all of you. I'm the Director of the Miss Philadelphia Pageant, which has been in this City, as Mary Kaye mentioned, for 85 years. It started on the Boardwalk of Atlantic City back when the first women were there, and we've been one of the first in 1921 and we've continued that legacy. What's significant about the program, though, what I want to share with you is Drexel University's contribution. Dr. Papadakis rewards almost a full scholarship to the woman Philadelphia, and we've had a number of women who have graduated from the university as a result of these efforts and have gone on to great success. I wanted to thank Councilman Rizzo, who has been a tremendous supporter of our organization, has continued to rally causes for women in the City through our organization and has distinguished Mary Kaye today. Mary Kaye is an outstanding young woman and a true example of what the women of our City are doing every day to promote great causes and help humanity in the City, as Councilman Blondell can attest to, because she as well has been a fan of what these women have accomplished, and I thank you for that, Councilwoman. So I appreciate the opportunity to be here. Just on a side note, my Army unit is being activated to Iraq again. I would ask you to keep them in your prayers. We're a Delaware Valley unit mobilization. So I appreciate you keeping them in your prayers. Thank you, Councilman Rizzo. (Applause.)
The Chair now recognizes Councilwoman Tasco, who will present a resolution honoring the East Mount Airy Neighbors on their 40th anniversary celebration. Will Ms. Elvira Evans and those accompanying her please join the Councilwoman at the podium. Councilwoman Tasco is being joined by Councilwoman Miller. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. It's a pleasure to recognize an organization that you witness become an 40 years ago when we were up in Mount Airy. So this resolution is honoring East Mount Airy Neighbors for 40 years of success and accomplishment as it continues to strive to achieve its mission of making a good community better. Whereas, during the Civil Rights movement of the '60s, many of Philadelphia's white residents were encouraged by unscrupulous realtors to sell their homes because African-Americans and other people of color were moving into their communities;
Whereas, in response to this discriminatory practice called blockbusting, Reverend Rudolph Gelsey of East Mount Airy's Unitarian Universalist Church of the Restoration gave a sermon against this practice and inspired a series of meetings among neighbors and block associations to fight against this practice and to welcome new neighbors to Airy; Whereas, from these meetings, East Mount Airy Neighbors, Inc., EMAN, was formed and Reverend Gelsey served as EMAN's first President, and over the years, EMAN and its members have formed many events and community organizations, including, but not limited to, Mount Airy Day, Mount Airy Times Express newspaper, Mount Airy Learning Tree, Mount Airy Schools Committee, Mount Airy USA CDC, EMAN Child Care, EMAN Community Living and the Philadelphia Council of Neighborhood Organizations; Whereas, 40 years later, EMAN is still welcoming new neighbors, fighting against blockbusting, and striving to achieve its mission of making a good community better, and to celebrate its 40 years, EMAN is having a 40th anniversary and reunion on Sunday, September 17th, from 3:00 p.m. to 6:00 p.m., at the Brossman Center on the campus of the Lutheran Theological 7301 Germantown Avenue;
Whereas, with the assistance of former officers and members as ambassadors for each decade, the anniversary and reunion will provide EMAN and this community an opportunity to recount and celebrate its 40 years of existence, and this celebration will be a chance for new, old and former members to unite, reflect and discuss EMAN and its beloved Mount Airy community. Therefore be it, resolved, by the Council of the City of Philadelphia, that we hereby honor East Mount Airy Neighbors for 40 years of success and accomplishment as it continues to strive to achieve its mission of making a good community better. Further resolved, that an engrossed copy of this resolution be presented to representatives of East Mount Airy Neighbors as evidence of the legislative body. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 14th day of September 2006. Signed, Anna Verna, President; Marian Tasco and Donna Reed Miller, sponsoring Councilmembers; and supported by all members of City Council. And I'd just like to say that they have done an outstanding job in East Mount Airy and have made that community through their efforts in the years, stopped the blockbusting, made Mount Airy one of the most integrated communities in the City of Philadelphia, and we congratulate them on the hard work. And even through the change of leadership through the years, the membership has remained constant, true and committed to the quality of life in Mount Airy. So we appreciate your leadership and thank you. (Applause.)
The Chair recognizes Ms. Evans for brief remarks.
I'm taking the place of Ms. Evans. I'm Zakiyyah Abdul-Raheem, the Executive Director. Madam President, Councilmembers Donna Miller and Marian Tasco and the esteemed other Councilmembers, on behalf of our President, Elvira Evans, all of our current and past members of the Board of Directors of East Mount Airy Neighbors and on behalf of our over 1,000 in number membership of East Mount Airy Neighbors, those that are still with us and those that have gone before us, we sincerely thank you for this wonderful honor and we look forward hopefully to another 40 or more years of making our good community better. Thank you very much. (Applause.)
Madam President, I'd just like to note that staff just turned the gavel over to the new President. He was President for four years.
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.
From the Mayor, to the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on June 28th, July 5th, August 10th, August 23rd and September 14th, 2006, I signed all of the bills that were passed by Council on June 8th and June 15th, 2006, except Bill No. 060161 and Bill No. 060344, which I have returned unsigned, and except also for Bill Nos. 060292-A and 060445 and 060467; and I am transmitting herewith for the introduction and consideration or your honorable body an ordinance authorizing the Philadelphia Municipal Authority to acquire, hold, construct, improve, maintain, operate, own and lease the real property, facilities equipment and improvements thereon located 91 North 48th Street for the conduct of judicial proceedings for the incarceration, detention, correction and rehabilitation of juveniles in the City of Philadelphia; 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 Haverford Avenue, 46th Street, Market Street and 48th Street; and An ordinance amending Chapter 14-400 of The Philadelphia Code, entitled "Commercial Entertainment District," by adding requirements for, among other things, transportation and parking management plans, all under certain terms and conditions; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, in cooperation with the Philadelphia Municipal Authority, to undertake a project consisting of the acquisition, design, construction, equipping and leasing of the Youth Center facility at 91 North 48th Street, all under certain terms and conditions; and An ordinance authorizing the paving of Delaware Avenue from Levick Street to Magee Avenue and Magee Avenue from Delaware Avenue to New State Street, under certain terms and conditions.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk if she would read any other communications in her possession.
Thank you very much. The next order of business is the introduction of bills and resolutions, and at this time, 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 will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one bill and three resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
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 amendment to the Philadelphia Home Rule Charter to repeal the "resign to run" provision, so that, effective January 1, 2008, City officers and employees may become candidates for nomination or election to public office without first resigning from their City office or employment.
This bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter to repeal the "resign to run" provision, so that, effective January 1, 2008, City officers and employees may become candidates for nomination or election to public office without first resigning from their City office.
This resolution will be referred to the appropriate committee.
And a resolution authorizing City Council to retain outside counsel to commence legal proceedings on behalf of the City of Philadelphia if the Commonwealth of Pennsylvania enacts legislation that would preempt any and all the City's zoning control as it relates to gambling facilities.
As our last line of defense, I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please signify by saying aye. (Aye.)
And a resolution recognizing John Bucci and his family, owners of John's Roast Pork, for winning the prestigious 2006 James Beard Foundation Mid-Atlantic America's Classic Award.
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 Blackwell.
Thank you, Madam President. Today I introduce seven bills and five resolutions. Four resolutions are on my behalf and one on yours.
The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 10-1200 of The Philadelphia Code, entitled "Posting of Temporary Signs," by allowing signs to be posted on utility poles and street lights, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 105 by striking from the City Plan and vacating Ludwick Street from Haverford Avenue to Wallace Street.
This bill will be referred to the appropriate committee.
And an ordinance constituting the Eleventh Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented.
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 57th Street, Market Street, 56th Street and Chestnut Street.
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, without consideration, a deed located in the vicinity of 49th Street and Parkside Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Philadelphia Authority for Industrial Development, notwithstanding any contrary requirements of the Philadelphia Industrial and Commercial Development Agreement between the City, the Philadelphia Industrial Development Corporation and PAID, to convey fee simple title to a certain property located in the vicinity of 49th and south of Parkside Avenue.
This 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 Parkside Avenue, 48th Street, Jefferson Street and 49th Street.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to deliver to the Redevelopment Authority deeds located in the 36th Ward of the City of Philadelphia.
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.)
And a resolution congratulating Gregory Burrell for his recent election as Corporate Secretary of the National Funeral Directors and Morticians Association.
Thank you, 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 say aye. (Aye.)
And a resolution calling on the federal government to rebuild New Orleans' levees to withstand Category 5 hurricanes so that New Orleans residents and businesses can be confident and secure in making the financial and emotional investment necessary to rebuild their homes and businesses.
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 signify by saying aye. (Aye.)
And a resolution calling upon the Pennsylvania General Assembly to amend Act 39 of 2005 so that the City of Philadelphia can continue to play a vital role in regulating the sale of take-out beer within the City.
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 please say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 6th, 24th and 27th Wards of the City of Philadelphia.
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.
Oh, I'm sorry. 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 the Delaware River, Tacony Bridge, Eldridge Street, New State Road and Magee Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of Delaware Avenue from Levick Street to Magee Avenue, Magee Avenue from Delaware Avenue to New State Street.
This bill will be referred to the appropriate committee.
And an ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by amending Section 22-1303, entitled "Exemption from Attachment," by adding Local 22 Fire Political Action Committee to the list of designated payees.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution honoring East Mount Airy Neighbors for 40 years of success and accomplishment as it continues to strive in its mission of making a good community better.
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 October 7th as Multiple Myeloma Awareness Day.
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 signify by saying aye. (Aye.)
And a resolution recognizing the 16th anniversary of Memory Walks in October and observing National Alzheimer's Awareness Month in November 2006 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 signify by saying aye. (Aye.)
And a resolution authorizing the Council Committee on Public Health and Human Services to hold hearings regarding the steadily increasing incidence of HIV/AIDS in the City of Philadelphia, and further authorizing the Committee to seek advice and recommendations on how Philadelphia can develop policies to stem this HIV/AIDS epidemic especially in minority communities.
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.)
The ayes have it and the resolution will be referred to the Committee on Public Health and Human Services. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have one bill and two resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance naming and designing the Mallery Recreation Center located at Johnson Street and Morton Street as the Daniel E. Rumph II Recreation Center.
The bill will be referred to the appropriate committee.
And a resolution proclaiming October 2006 as Domestic Violence Awareness 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 say aye. (Aye.)
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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.
The Chief Clerk will please read the title of the resolution.
A resolution authorizing the creation of a Special Committee on Gender Parity of the City Council of Philadelphia, for the purpose of holding hearings to identify problems related to the social, political, educational and economic empowerment of women and exploring and developing initiatives to advance parity for women.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer two bills and three resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending and clarifying the campaign finance provisions of Chapter 20-1000 of The Philadelphia Code; in particular, defining, for purposes of the Chapter, what it means to be a candidate for City elective office; prohibiting the acceptance of contributions in excess of contribution limits; and prohibiting candidates from spending the amount of any contribution in excess of the contribution limits.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 19-2604 of The Philadelphia Code, entitled "Tax Rates, Credits and Alternative Tax Computation," by amending the provisions of the new job creation tax credit with respect to businesses that create new jobs for ex-offenders, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution authorizing the Committee on Commerce and Economic Development to hold hearings related to economic self-sufficiency.
Thank you, Madam President. I move for the adoption. (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 this resolution will be referred to the Committee on Commerce and Economic Development.
And a resolution calling on the Office of Labor Standards to convene the Living Wage Advisory Committee pursuant to Section 17-1311 of The Philadelphia Code to review the implementation and effectiveness of Chapter 17-1300 of The Philadelphia Code.
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.)
And a resolution authorizing City Council to retain a consultant to assist Council concerning the Home Rule Charter amendment that would require the Finance Director to conduct an annual disparity study and devise annual City contract participation goals for disadvantaged business enterprises.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that this resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer one resolution today.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution recognizing the week of September the 18th through the 25th as Hispanic Chamber of Commerce Week, and further recognizing and honoring the U.S. Hispanic Chamber of Commerce on having their 27th annual national convention in the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer five bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 14-400 of The Philadelphia Code, entitled "Commercial Entertainment District," by adding requirements for, among other things, transportation, parking and management plans.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-212 of The Philadelphia Code by prohibiting newsstands within an area bounded by Passyunk Avenue, 13th Street and Mifflin Street.
This 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 Delaware Avenue, Penn Street, Ellen Street, the Delaware River and Spring Garden Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-212 of The Philadelphia Code by prohibiting newsstands on both sides of 6th Street between Chestnut and Sansom Street.
This bill will be referred to the appropriate committee.
And an ordinance repealing Section 2 of an ordinance, Bill No. 050418, approved December 1, 2005, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Christopher Columbus Boulevard, Fairmount Avenue and Front Street."
The bill will be referred to the appropriate committee.
And a resolution approving the Amended and Restated Redevelopment Contract and Disposition Supplement of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of an additional portion of the South Central Urban Renewal Area.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution recognizing October 23rd, 2006 as Robert O. Henderson, Sr. Epilepsy Awareness Day.
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 Councilman Clarke.
Madam President, I earlier stated that I had two bills. I only have one bill today.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing," Chapter 12-2400 of The Philadelphia Code, entitled "Towing and Immobilization of Parked or Abandoned Vehicles," and Chapter 12-2500 of The Philadelphia Code, entitled "Snow Emergencies."
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 14-1400 of The Philadelphia Code, entitled "Parking and Loading Facilities," by exempting mechanical access parking garages from certain requirements, all under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution recognizing, honoring and celebrating the Parent Patrol at Simon Gratz High School for their innovative efforts to address the violence that is plaguing our schools and communities by patrolling the school and areas in close proximity and through the use of walkie-talkies.
Madam President, 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 signify by saying aye. (Aye.)
And a resolution recognizing, honoring and celebrating the Philadelphia Second Alarmers for their unwavering loyalty to our City's police and firefighters in their time of need by providing nourishment and medical aid at every emergency.
Madam President, again, 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 recognizing, honoring and celebrating Vince Papale for his outstanding achievements, his dedication to many charitable causes and his lifetime of accomplishments and for his tremendously inspirational contribution to the Philadelphia community.
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.)
The ayes have it and the resolution is adopted. The next order of business is reports from committees, and the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out one bill and 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 of the Whole, to which was referred Bill No. 060474, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a resolution approved by to the Philadelphia Home Rule Charter relating to the appointment of the members of the Fairmount Park Commission"; and Resolution No. 060485, entitled "Resolution proposing an amendment to the Philadelphia Home Rule Charter relating to the appointment of the members of the Fairmount Park Commission," respectfully reports it has considered and amended the same and returns the attached bill and resolution to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 060474. (Duly seconded.)
Thank It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bill just read by the Chief Clerk. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the bill just read will be placed on our First Reading Calendar for today. Resolution No. 060485 will be placed on our Second Reading and Final Passage Calendar for our next session of Council. Council will proceed now under a special order of business, a resolution re-calling Bill No. 060292-A. The Chair at this time recognizes Councilman Clarke.
Thank you, President. Madam President, I offer one resolution. Because this resolution wasn't circulated yesterday, I move that the rules of Council be suspended to permit consideration of the resolution at this time. (Duly seconded.)
It has been moved and seconded that the rules of Council be suspended so as to permit consideration of the resolution. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Again, the Chair recognizes Councilman Clarke. You're offering the resolution?
It has not. Therefore, I'm asking for the rules of Council be suspended. I move for the adoption of the resolution. (Duly seconded.)
I'm sorry. The Chief Clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 060292-A, entitled "An ordinance amending Section 14-1611 of The Philadelphia Code, entitled 'Benjamin Franklin Parkway Controls,' by providing for additional height controls in the vicinity of Benjamin Franklin Parkway."
Thank you. The Chair recognizes Councilman Clarke.
I move for the adoption of the resolution. (Duly seconded.)
The ayes have it and the resolution has passed. The Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted September 14, 2006 Bill No. 060292-A, entitled "An ordinance amending Section 14-1611 of The Philadelphia Code, entitled 'Benjamin Franklin Parkway Controls,' by providing for additional height controls in the vicinity of Benjamin Franklin Parkway, under certain terms and conditions," for the purpose of by the Council of the vote by which said bill passed Council.
Thank you. The Chair recognizes Councilman Clarke for a motion -
-that Council reconsider the vote. (Duly seconded.)
The ayes have it. A majority of all members having voted in the affirmative, the motion, as I said, carries and the vote by which Bill No. 060292-A has passed has been reconsidered. I would again recognize Councilman Clarke.
Thank you, Madam President. Madam President, I move that the Council recommit Bill No. 060292-A to the Committee on Rules.
All in favor will please signify by saying aye. (Aye.)
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and Bill No. 060292-A will be recommitted to the Committee on Rules. We will now consider a resolution re-calling Bill No. 060445. The Chair again recognizes Councilman Clarke.
Thank you, President. I offer one resolution and because this resolution was not circulated yesterday, I move that the rules of Council be suspended to permit consideration of this resolution at this time. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit consideration of Councilman Clarke's resolution at this time. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and I would ask the Clerk at this time to please read the title of the resolution.
A resolution requesting the Mayor to return to Council No. 060445, entitled "An ordinance to amend the Institutional Development District Master Plan of Temple University by allowing for the construction of a new building to be used for the Fox School of Business and Management," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution has been The Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted today Bill No. 060445, an ordinance to amend the Institutional Development District Master Plan of Temple University by allowing for the construction of a new building to be used for the Fox School of Business and Management, for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
The Chair recognizes Councilman Clarke for a motion that Council reconsider the vote by which Bill No. 060445 was passed.
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 060445 was passed has been reconsidered. The Chair recognizes Councilman Clarke.
Yes. Thank you, Madam President. Madam President, I offer an amendment to Bill No. 060445. A copy of this amendment has been circulated to members of Council. Essentially when we did the prior ordinance, the map attached to that particular ordinance was not legible. So we're amending it to include a map that is legible.
It has been moved and properly seconded that the amendment to Bill No. 060445 be adopted. All in favor will please say aye. (Aye.)
The ayes have it and Bill No. 060445 has been amended. This bill will be placed on the Second Reading and Final Passage Calendar for our next session of Council. We will now consider a resolution re-calling Bill No. 060447, and the Chair recognizes Councilwoman Krajewski.
I beg your pardon, Madam President. Was that Resolution 060467?
Right. Thank you, Madam President. I offer one resolution and because this resolution was not circulated yesterday, I move that the rules of Council be suspended to permit consideration of this resolution. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended to permit consideration of Councilwoman Krajewski's resolution at this time. All in favor will say aye. (Aye.)
The ayes have it. Chief Clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 060467, entitled "An ordinance authorizing the owner of 7252 Marsden Street at the southwest corner of Cottman Avenue, Philadelphia, to construct, own and maintain an addition on the south public sidewalk of Cottman Avenue adjacent to the property.
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 has passed. The Chief Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted September 14, 2006 Bill No. 060467, entitled "An ordinance authorizing the owner of 7252 Marsden Street at the southwest corner of Cottman avenue to construct, own and maintain an addition to the south public sidewalk of Cottman Avenue adjacent to the property."
Thank you. The Chair recognizes Councilwoman Krajewski for a motion that Council reconsider the vote by which -
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 060467 was passed has been reconsidered. The Chair again recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer an amendment to the bill, 060467. A copy of this amendment has been circulated to all members. I move the adoption of the amendment. (Duly seconded.) 9/14/06 - STATED - 1ST READING
It has been moved and properly seconded that the amendment to Bill No. 060467 be adopted. All in favor will say aye. (Aye.)
The ayes have it and Bill No. 060467 has been amended. This bill will be placed on the Second Reading and Final Passage Calendar for our next session of Council. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 060474, 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 9/14/06 - STATED - 2ND READING proposing an amendment of the Philadelphia Home Rule Charter relating to the appointment of the members of the Fairmount Park Commission, and authorizing the appropriate officers to publish notice and to make arrangements for the special election.
The Chair agrees. That completes our First Reading Calendar. I would ask Councilwoman Blackwell to please call up the bills on the Second Reading and Final Passage Calendar that we will be considering today.
Thank you, Madam President. Today our Calendar starts on . We will hear Bill No. 041040. , Bill No. 050575 is being withdrawn.
I'm sorry. , Bill No. 060090 will be 9/14/06 - STATED - 2ND READING withdrawn. On , we will hear the first three bills, Bill No. 060317, 318 and 319. On , we will hear Bill Nos. 060295 and 287. On , we will hear Bill Nos. 060518, 507. And, finally, on , Madam President, we will hear Bill Nos. 060505, 060509, 060506. All other bills will be held.
I would ask the Chief Clerk to please read the title of the first bill to be considered, Bill No. 041040.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by striking from the City Plan and vacating Carlton Street from 20th Street, all under certain terms and conditions.
This bill having been read on two different 9/14/06 - STATED - 2ND READING days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. Again, the record will reflect that Bill No. 060090 has been withdrawn, and I would ask the Chief Clerk to please 9/14/06 - STATED - 2ND READING read the title of Bill No. 060317.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 275 by extending Parker Avenue from its current terminus on the northeasterly side of a 66-foot-wide right-of-way for railroad purposes.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 060318.
An ordinance authorizing the paving of the approximately 66-foot extension on Parker Avenue, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 060319.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Orianna Street from Chestnut Street, under certain terms and conditions.
This bill having been read on two different 9/14/06 - STATED - 2ND READING days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 060295.
A resolution 9/14/06 - STATED - 2ND READING proposing an amendment to Article VIII, Chapter 5 of the Philadelphia Home Rule Charter, entitled "Referenda Approval by the Voters," by adding a new section providing that the citizens of Philadelphia urge the United States to begin an immediate withdrawal of its troops from Iraq.
That is a resolution. It's not a bill, and at this time, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Good morning to everyone. We have some members of the Granny Brigade, who have visited all of us, who have come to our offices, and you have copies of some of the petitions we receive, but we wanted to just note that we love all our service men and women. We love our country, and this legislation was not to 9/14/06 - STATED - 2ND READING be offensive to anyone, not to criticize anyone in this country, from our President on down, but only to say that whatever affects one of us anywhere affects all of us everywhere. We believe that this is the greatest country in the world, we've done our part and that it's time, as many cities are saying across the country, it's time that we come home. So that is what our appeal is. I hope that my colleagues will see clear to support it. I have not personally asked anyone. I know that people have different interpretations of what this means, but I wanted to say it is only out of love for our people. War affects all of us. All of us knows someone or has someone that has been affected by this war. And just as we've passed three pieces of resolution dealing with the Sudan and we passed resolutions dealing with people all over the world, we hope that you will consider 9/14/06 - STATED - 2ND READING supporting this legislation. Thank you, Madam President.
Councilwoman, I don't believe you moved for the adoption.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
I'm sorry. Since Resolution No. 060295 is a Charter change to the Home Rule Charter, it, of course, requires a two-thirds majority. The Chief Clerk will have to 9/14/06 - STATED - 2ND READING read the roll at this point in time, please.
As I indicated, because this is a Charter change, two-thirds is required for a majority. Therefore, the vote is 10 to 4 and the motion fails. 9/14/06 - STATED - 2ND READING I would ask the Chief Clerk to now read the title of Bill No. -- we, therefore, will not consider Bill No. 060287 because of the resolution failing. I would ask the Chief Clerk to please read Bill No. 060518.
A resolution proposing an amendment to the Philadelphia Home Rule Charter to provide for a preference in civil service regulations for children of firefighters and police officers who were killed or who died in the line of duty.
Thank you. The Chair recognizes Councilman Kenney for a motion on Resolution No. 060518.
Madam President, I move the adoption of the resolution. (Duly seconded.)
Again, since Resolution No. 060518 is a 9/14/06 - STATED - 2ND READING Charter change to the Home Rule Charter, it requires a two-thirds majority. At this time, I would ask the Chief Clerk to please call the roll.
I'm sorry, Madam President. I'm still dealing with my Granny Brigade.
Oh, the preference for firefighters. Of course. Aye.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 9/14/06 - STATED - 2ND READING
Aye. The ayes are 14; the nays are zero. And of course the resolution is adopted. I would ask the Chief Clerk to at this time please read Bill No. 060507.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of a proposal set forth in a resolution approved by Council proposing amendment of the Philadelphia Home Rule Charter relating to a preference in civil service regulations for children of firefighters or police officers who were killed in the line of duty.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 9/14/06 - STATED - 2ND READING call the roll.
Aye. The ayes are 14; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 060505.
An ordinance authorizing Temple University and Temple University Health Systems to construct, own and maintain 24 freestanding signs at 9/14/06 - STATED - 2ND READING various locations, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14; the nays are zero. A majority of all members having voted in 9/14/06 - STATED - 2ND READING the affirmative, this bill passes. We will now consider Bill No. 060509.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Ranstead Street, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 9/14/06 - STATED - 2ND READING
Aye. The ayes are 14; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The final bill to be called for consideration is Bill No. 060506.
An ordinance amending Section 22-310 of The Philadelphia Code, entitled "Deferred Retirement Option Plan," by providing an extraordinary extension for purposes of enhancing public safety for participants in the DROP program.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. That completes our Calendar for today. Are there any speeches on the part of the minority? (No response.)
Thank you, Madam President. Today we rise to mention just a couple issues for a moment. One is, we're happy to speak for --
Excuse me, Councilwoman. The noise level is much too high. Can we wait just a moment, please, until some of our visitors leave.
Thank you. We will be happy to represent Council on Monday with regard to Act 39, but today I wanted to speak just for a moment on two issues. One is that we will be introducing legislation next week calling for a call to action, which will statement, I hope Council's. We'll call for public hearings dealing with violence. So it does give us a place to be, and we'll have that ready next week. The other issue is housing reorganization. As many of you know, we had maybe six hearings -- I can't remember how many -- eight hearings on housing reorganization, and we have been working and meeting and speaking with all sides of the issue all summer. And the Administration decided to delay any layoffs for a week. So it's been that kind of everyday back and forth what happens, and we're still working in that regard. We've tried to work in good faith and hope that these issues will be worked out. Some people who were the Administration agreed to for every person who takes a DROP, they will hire back a person, a union person, who is on the list to be laid off. And many people in other places in the City. Not enough yet. The Administration is still looking for places and slots in the City where people can be hired, and it's tight. Because, you know, a week is only a week. But we're grateful to have a week, but say that we hope that all of you will still continue to work with us, be watchful. It's difficult. We know we have housing shortages from the federal government, but we still know we have residents in our City who belong to unions and residents who live and who have worked for the City 20 and 30 and 35 and 36 years who certainly deserve a right not to live in fear and to be able to maintain their jobs. So the struggle continues. We will keep you informed, and we're trying to do everything we can to be a liaison between the Administration, the union and employees. We love them. We care for them as people who live and who have done in our City. And I would tell you, it's been one of the most difficult processes, when people have to bump people who have been working there 30 years and you bump somebody who has been there 25 and that sort of thing. It's really created such bad morale, and in spite of it, these employees have tried to continue to do their jobs where they could and continue to service us and our districts, because it's all about being able to complete and continue to working to improve the quality of housing and improve the quality of life for people in our City. So we thank them for their commitment and we say that we will remain committed, and certainly we'll keep Council informed and ask that you stay with us as we try to support these individuals who were here and who work for all our housing agencies. Thank you, Madam President. (Applause.)
Thank you. Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, September the 21st. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, September 21st, 2006. All in favor will say aye. (Aye.)
The the motion carries. Thank you all very much. (Stated Meeting adjourned at 12:15 p.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on September 14, 2006, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)