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Minutes

Stated Meeting, June 12, 2008

Philadelphia City CouncilJun 12, 2008

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

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilwoman Miller for a report from the Committee on Public Safety.

Councilwoman Miller

Thank you, Madam President. The Committee on Public Safety reports one bill with a favorable recommendation.

Council President Verna

Thank you. please read the report.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Public Safety, to which was referred Bill No. 080425, entitled "An ordinance authorizing the Mayor, on behalf of the City, to execute a Mutual Aid Agreement by and between the City of Philadelphia and the State of New Jersey, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 080425.

Council President Verna

Do I 6/12/08 - STATED - 1ST READING hear a second? (Duly seconded.)

Council President Verna

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 reported from committee. 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 bill just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. I would ask the Chief Clerk to please read the bills on the First Reading Calendar.

Chief Clerk

Bill No. 080080, an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and 6/12/08 - STATED - 1ST READING Planning," by adding a new Section 14-908, entitled "Queen Village Neighborhood Conservation District."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080249, 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 County Line, a Railroad ROW, Shawmont Avenue and the Schuylkill River.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080250, an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adopting a new Section 14-1635, entitled "River Road District Controls."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080437, an ordinance approving the 6/12/08 - STATED - 1ST READING thirty-seventh amendment of the redevelopment proposal for the Model Cities Urban Renewal Area.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080469, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by State Road, Poquessing Creek, the Delaware River and Grant Avenue.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080491, to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Harbison Avenue, Tulip Street, Eadom Street and Bridge Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080486, an ordinance amending Chapter 6/12/08 - STATED - 1ST READING 19-3200, by providing for the extension of benefits to certain properties in certain subzones, under certain terms and conditions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080500, an ordinance authorizing the Director of Housing, on behalf of the City, to file applications with the United States Department of Housing and Urban Development for a Community Development Block Grant.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080501, an ordinance approving the Fiscal Year 2009 Capital Budget providing for the expenditures for the capital purposes of the Philadelphia Gas Works for Fiscal Year 2010 through 2014.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 6/12/08 - STATED - 1ST READING 080525, an ordinance constituting the ninth supplemental ordinance to the Amended and Restated General Airport Revenue Bond Ordinance.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080526, an ordinance amending Section 19-1804 of The Philadelphia Code, entitled "Authorization of Net Income Tax," by revising the rate of tax, under certain terms and conditions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080169, 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 of the Philadelphia Home Rule Charter.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 6/12/08 - STATED - 1ST READING 080468, entitled "An ordinance amending Section 9-1103 of The Philadelphia Code, entitled 'Unlawful Employment Practices,' to provide that certain employees may take unpaid leave from work to address domestic or sexual violence."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080496, an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to acquire from the Philadelphia Redevelopment Authority the properties known as 917, 919, 923, 925, 929, 931 South 22nd Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080541, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease from the School District of Philadelphia certain property located in the vicinity of Byberry and Academy Road. 6/12/08 - STATED - 1ST READING

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080426, an ordinance authorizing the paving of Delaware Avenue from Lewis Street to Orthodox Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080428, an ordinance granting permission to Longacre Holdings to operate and maintain an open-air sidewalk cafe on the northwest corner of Mifflin Street.

Council President Verna

The Chair agrees.

Chief Clerk

Bill No. 080429, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 129 to its terminus at the southwesterly right-of-way line of the Norristown Branch.

Council President Verna

The Chair agrees. 6/12/08 - STATED - 1ST READING

Chief Clerk

And Bill 080430, an ordinance amending Section 2 of an ordinance, Bill No. 051234, approved February 16, 2006, by extending the period for compliance with the terms and conditions stated therein.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080431, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 308 by striking from the City Plan and vacating a portion of Clifton Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080432, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 350 in the area northeast of Susquehanna Road and northwest of Verree Road.

Council President Verna

The Chair agrees. 6/12/08 - STATED - 1ST READING

Chief Clerk

And Bill No. 080434, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating a portion of Leithgow Street south of Reno Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080436, an ordinance authorizing the paving of relocated Harlan Street from 19th Street to 20th Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080466, an ordinance amending Chapter 11-600 of The Philadelphia Code, by adding new a Section that requires that certain conditions be placed on any permit that authorizes the temporary closing of a sidewalk or roadway.

Council President Verna

The Chair agrees. 6/12/08 - STATED - 1ST READING

Chief Clerk

And Bill No. 080467, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 109 by striking from the City Plan and vacating the legally open portions of Melon Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080487, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 269.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080488, an ordinance regulating the direction of movement of traffic on Civic Center Boulevard between Health Science Drive and Convention Avenue.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080489, an ordinance authorizing the 6/12/08 - STATED - 1ST READING paving of Health Science Drive from Civic Center Boulevard to Convention Avenue.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080490, an ordinance authorizing the revision of lines and grades on City Plan No. 44 by striking from the City Plan and vacating Race Street from 33rd Street to 34th Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080492, an ordinance establishing a no parking regulation on both sides of Knorr Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080493, an ordinance amending Chapter 9-200 of The Philadelphia Code, relating to the regulation of newspaper boxes on the public sidewalk.

Council President Verna

The 6/12/08 - STATED - 1ST READING Chair agrees.

Chief Clerk

And Bill No. 080494, an ordinance authorizing Bikim Divine to construct and maintain two balconies at 1109 South 23rd Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080497, an ordinance granting permission to Massimo Criniti, owner of Criniti's Restaurante, to construct, own and maintain on open-air sidewalk cafe located on the east sidewalk of South Broad Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080502, an ordinance to amend an ordinance authorizing LaSalle University to construct, own and maintain an overhead pedestrian bridge crossing at 5600 East Wister Street.

Council President Verna

The Chair agrees. 6/12/08 - STATED - 1ST READING

Chief Clerk

And Bill No. 080503, an ordinance authorizing the James Thomas Development Company to construct, operate and maintain a building extension located 4300 Boone Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080504, an ordinance authorizing the installation of all-way stop signs at the intersection of Quentin and Salaignac Streets.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080523, an ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by prohibiting the disposal of household or commercial refuse in public receptacles.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 6/12/08 - STATED - 1ST READING 080427, an ordinance amending Chapter 15-200 of The Philadelphia Code, entitled "Fairmount Park," by removing 5100 Pennypack Street from the area under the care and jurisdiction of the Fairmount Park Commission.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080540, an ordinance authorizing the Commissioner of Public Property and the Executive Director of the Fairmount Park to enter into an air rights license agreement with Main Street Partners.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 080425, an ordinance authorizing the Mayor, on behalf of the City, to execute a Mutual Aid Agreement by and between the City of Philadelphia and the State of New Jersey, under certain terms and conditions.

Council President Verna

The 6/12/08 - STATED - 1ST READING Chair agrees. That concludes our First Reading Calendar for today, and the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills which will be considered today. COUNCILMAN DiCICCO: Madam President?

Council President Verna

Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Earlier I mentioned in the Caucus Room that I would be offering an amendment to a bill that was voted out of committee yesterday. Is this the appropriate time?

Council President Verna

Yes. This would be fine. What is the bill number? COUNCILMAN DiCICCO: I would ask that the rules of Council be suspended to permit an amendment on first reading of Bill No. 080080. (Duly seconded.) 6/12/08 - STATED - 1ST READING

Council President Verna

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

Council President Verna

Was the amendment -- I'm sorry. Were the amendments circulated? COUNCILMAN DiCICCO: Yes, they were.

Council President Verna

They were? Because I don't have a copy. Okay. We have a motion to suspend the rules. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. The Chair again recognizes Councilman DiCicco. COUNCILMAN DiCICCO: I move 6/12/08 - STATED - 2ND READING that the amendment that's just been offered be approved to Bill No. 080080. (Duly seconded.)

Council President Verna

All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The amendment is adopted. Thank you. At this time, the Chair recognizes Councilwoman Tasco for the purpose of calling up bills and resolutions that appear on the Second Reading and Final Passage Calendar for today.

Councilwoman Tasco

Thank you, Madam President. Madam President, Bill Nos. 080085-A, 080382, 080495 -

Council President Verna

I'm sorry. 080424, Councilman Greenlee, you wanted that called up; did you not? 6/12/08 - STATED - 2ND READING

Councilman Greenlee

For an amendment. I have an amendment.

Councilwoman Tasco

I'm sorry, Madam President.

Council President Verna

You can still call it up.

Councilwoman Tasco

I'll call it up. Should I begin again? Bill 080085-A, Bill 080382, 080495, 080402, 080403, 080435, 080499, and 080148 are being called for Second Reading and Final Passage Calendar for today. Bill 080424 will be amended, as well as Bill 080498. All other bills will be held.

Council President Verna

Thank you. At this time, the Chief Clerk will please read the title of Bill No. 080085-A.

Chief Clerk

An ordinance amending Title 9 of The Philadelphia Code, providing for protections against 6/12/08 - STATED - 2ND READING sale of cars in need of substantial repairs, commonly known as the "lemon law," 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 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 Green voting aye. Councilman Greenlee. 6/12/08 - STATED - 2ND READING

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez. 6/12/08 - STATED - 2ND READING

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17; 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. 080382.

Chief Clerk

An ordinance authorizing Mariner Commercial Properties, owner and developer of 1441 Chestnut Street, to construct, own and maintain various encroachments to be installed in conjunction with a mixed-use development, 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 6/12/08 - 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 Green voting aye. Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney. 6/12/08 - STATED - 2ND READING

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. 6/12/08 - STATED - 2ND READING The ayes are 17; 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. 080424.

Chief Clerk

An ordinance amending Title 2 of The Philadelphia Code, entitled "City-County Consolidation," by adding a new Chapter providing that prior to the recording of any deed, a check of record ownership be conducted by the Department of Records, appropriate documentation to be submitted to the Department with certain deeds.

Council President Verna

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. I'll be offering an amendment to this bill, and if I could just explain it very briefly. The amendments were suggested by the Law Department to deal with language in the bill that it feels causes 6/12/08 - STATED - 2ND READING some conflicts with state law. Quite frankly, I and a lot of others don't necessarily agree with the Law Department that there is a conflict, but I've been assured by the Mayor of his personal commitment that if Council passes this bill next week, he will make sure that he works with those of us who have been involved in this issue for a long time, including Councilwoman Miller and myself, that the necessary procedures are implemented in the Records Department to help curtail what I feel has been an epidemic of stolen houses. So in that spirit of cooperation, I move the adoption of the amendment. (Duly seconded.)

Council President Verna

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

Council President Verna

Those 6/12/08 - STATED - 2ND READING opposed? (No response.)

Council President Verna

We will now consider Bill No. 080495.

Chief Clerk

An ordinance authorizing the Philadelphia Municipal Authority, for the management of the City's wastewater treatment solids, 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 Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 6/12/08 - STATED - 2ND READING

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green voting aye. Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.