Stated Meeting, October 2, 2003

¡›î› COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, October 2, 2003 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER 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 the Council is present. Members will please take their seats. To give our invocation this morning, the Chair welcomes the Reverend Shawn Wise, Pastor of the Calvary Baptist Church of Philadelphia. He is here today as the guest of Councilman Goode. All members and guests will please rise.

Good morning. As we face this time of prayer, I want to first start off by saying that the times that we are in now are trying times. And in times like this, we all need to look around. As we look around, we see problems around us and people that need our help. And when we look around, it causes us not only to look around but also to look within. As we look within, we look at ourselves and examine our hearts. I want to challenge you today to not just around and to look within, but the more you look around and the more you look within, it will cause every one of us to look up, because the only one that can help us is our God. Shall we look to him in prayer? Oh, Lord, our Lord, how excellent is the earth. Lord, we come to you today, Lord, because we recognize that you are the author of life. You are the creator of heaven and earth. You are the God who took nothing and made it something. We come to you because you sustain all things by the word of your power. Today, as we face you, we seek your face. For, Lord, in these times that we're in, these are difficult times. But these are times when we need you ever the more. We would ask, Lord, that this day you would grant us your mercy and your grace. We ask that you would provide comfort to those that need comfort. We ask, Lord God, that you provide us, as your servants, the wisdom, the guidance, the strategy, the discipline to serve your people. We ask, oh, God, that you would keep our hearts settled. Keep us focused on what we're here for; that in the end, we would know clearly that we are here to do your will. So, God, I ask that you would bless, sanctify, and govern over this great city you love, the City of Philadelphia. This is our prayer in Jesus name. Amen.

The Chair thanks Reverend Wise for his very inspiring will be at ease. (Council at ease.)

Councilman Ortiz, I just want you to know on behalf of all of your colleagues, we are delighted to see you back and we certainly express to you our condolences on the demise of your mother. I know that that's extremely painful, and we will certainly keep you and her in our prayers.

Thank you, Madam Chair.

The next order of business is the approval of the Journal of the meeting of September 25, 2003. And the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Journal of the meeting of Thursday, September 25, 2003, stand approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the Thursday, September 25th stand approved. All those in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The motion carries. The Journal of the meeting of Thursday, September 25, 2003, is approved. The next order of business is request for leave of absence. And the Chair again recognizes Councilwoman Blackwell.

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

The Chair thanks the Councilwoman. Leave will be granted. The Chair recognizes Councilman O'Neill.

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

The Chair thanks the gentleman. the regular order of business to recognize the 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. The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the messages from the Mayor. THE

To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on October 2, 2003, I signed Bill NO. 030222A which was passed by Council at its Session on September 18, 2003. And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to purchase from the United States Postal Service fee simple title to a parcel & RESOLUTIONS of land with the buildings and improvements thereon known as 3061 Island Avenue. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 313 by Winding Suffolk Avenue where it meets Island Avenue.

Thank you, the messages will be printed in the Journal. The Clerk will please read any other communications in her possession. THE

That's all I have, Madam President.

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

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)

It has been & RESOLUTIONS moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. (Aye.)

Those opposed? (No response.)

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

Thank you, Madam President. I have no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today, I introduce two bills on your behalf and one bill on behalf of 12 Members of Council.

The Clerk will please read the first bill. & RESOLUTIONS THE

An ordinance amending Chapter 20-300 of the Philadelphia Code, entitled "Compensation," by increasing the salaries of elected City officials and amending the provisions for annual cost-of-living salary adjustments, all under certain terms and conditions.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to purchase from the United States Postal Service fee simple title to a parcel of land with the buildings and improvements thereon known at 3061 Island Avenue, all under certain terms and conditions.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 313 by Winding Suffolk Avenue where it meets Island Avenue by relocating the northerly curbline and house line of Suffolk Avenue approximately 143 feet.

The bill will & RESOLUTIONS be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.

Madam President, I offer one bill.

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

An ordinance granting permission to the Sisters of Holy Family of Nazareth to expand their cemetery or place of burial located at the northwest corner of the former Stevenson Street and former Torresdale Avenue.

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

Thank you, Madam President. I have one bill and one resolution. THE

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

An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new section 14-1628, entitled "Zoning and Construction Permits for Retail & RESOLUTIONS Stores," all under certain terms and conditions.

The bill will be referred to the appropriate committee. THE

And a resolution authorizing the Director of Commerce on behalf of the City of Philadelphia to file an application and if the application is accepted to execute a contract to attain a grant from the Department of Community and Economic Development, the Commonwealth of Pennsylvania, under Act of April 12, 1956.

The Chair recognizes Councilman Mariano.

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

All in favor of the adoption of the resolution will signify by saying aye. (Aye.)

Those opposed? (No response.)

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

Madam President, I have no bills or resolutions today.

The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I offer one bill and one resolution.

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

An ordinance amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk Sales," by prohibiting sidewalk sales on portions of Fox Street, 22nd Street, Allegheny Avenue and Toronto Street.

The bill will be referred to the appropriate committee. THE

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 11th and 22nd Wards of the City of Philadelphia.

The Chair & RESOLUTIONS recognizes Councilwoman Miller.

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

It has been moved and seconded. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

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

Madam President, I have no bills or resolutions today.

Thank you. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. I offer one resolution this morning.

The Clerk will please read the title of the resolution. THE

A resolution declaring October 9, 2003, as Lights on After School Day. & RESOLUTIONS

The Chair recognizes Councilwoman Brown.

I move for the adoption. (Duly seconded.)

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

Those opposed? (No response.)

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

Thank you, Madam President. I have no bills or resolutions.

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

Madam Chair, I have no bills or resolutions.

Thank you. The Chair recognizes Councilman DiCicco.

Thank you, Madam & RESOLUTIONS President. I offer one resolution.

The Clerk will please read the title of the resolution. THE

A resolution authorizing the Commissioner of public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 25th Ward of the City of Philadelphia.

The Chair recognizes Councilman DiCicco.

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 signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.

Madam President, I have no bills or resolutions. & RESOLUTIONS

Thank you. The Chair recognizes Councilman Clarke.

Thank you, Madam President. I have one resolution.

The Clerk will please read the title of the resolution. THE

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 29th Ward of the City of Philadelphia.

The Chair recognizes Councilman Clarke.

I move for the adoption. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have is adopted. The Chair recognizes Councilman Rizzo.

Madam President, no bills or resolutions today.

Thank you. The next order of business is reports from committees. The Chair recognizes Councilman Kenney for a report from the Committee on Public Property and Public Works.

Thank you, Madam President. The Committee on Public Property and Public Works reports four bills out with favorable recommendations.

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

To the President and Members of the Council of the City of Philadelphia, the Committee on Public Property to which was referred Bill No. 030426, entitled an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to execute and deliver to the Redevelopment Authority of the City deeds located conveying fee simple title to five parcels of City-owned land with the buildings and improvements thereof; And Bill No. 030485, entitled an ordinance naming the playground currently designated as Rhawnhurst Memorial Playground as the George C. Pelbano Playground; And Bill No. 030486, entitled an ordinance naming the park currently designated as Northwood Park as the Joseph Colligan Park; And Bill No. 030556, entitled an ordinance naming and designating the Passyunk Branch of the Free Library of Philadelphia, located at 20th and Shunk Streets, as the Thomas F. Donatucci, Sr., Branch of the Free Library of Philadelphia; Respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.

The Chair recognizes Councilman Kenney.

Thank you, Madam Chair. I move the rules of Council be suspended so as to permit first reading this day of Bills No. 030426, 030485, 030486 and 030556.

Do I hear a second? (Duly seconded.)

It has been moved and properly seconded that the rules of Council be suspended so as permit first reading this day of Bill Nos. 030426, 030485, 030486, 030556. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. And the bills just read by the Chief Clerk will be placed on today's First Reading Calendar. That concludes committee reports. Our next item of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar. THE

Bill No. 030426, an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to to the redevelopment Authority of the City of Philadelphia without consideration deeds conveying fee simple title to five parcels of City-owned land with the buildings and improvements thereof.

The Chair agrees. THE

And Bill No. 030485, an ordinance naming the playground currently designated as Rhawnhurst Memorial Playground, located 8101 Bustleton Avenue, as the George C. Pelbano Playground.

The Chair agrees. THE

And Bill No. 030486, an ordinance naming the park currently designated as Northwood Park, located at 999 Arrott Street, as the Joseph Colligan Park.

The Chair agrees. THE

And Bill No. 030556, an ordinance naming and designating the Passyunk Branch of the Free Library of Philadelphia, located at 20th and Shunk Streets, as the Thomas F. 10/02/03 - STATED - 2ND READING & FINAL PASSAGE Donatucci, Sr., Branch of the Free Library of Philadelphia.

The Chair agrees. That completes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.

Thank you, Madam President. Today Bill No. 030487 is being called UP for second reading and final passage. All other bills are being held.

Thank you. The Clerk will please read the title of Bill No. 030487. THE

An ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds - Deposits, Investments, Disbursements," by amending Section 19-201, entitled "City Depositories," by authorizing the City Treasurer to deposit funds in Fleet Bank, under certain terms and conditions. 10/02/03 - STATED - 2ND READING & FINAL PASSAGE

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. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. 10/02/03 - STATED - 2ND READING & FINAL PASSAGE THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 15, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. That concludes the Calendar for today. Are there any speeches on the part of the Minority? (No response.)

Are there any speeches on the part of the Majority? (No response.)

I would just like to remind everyone that we have a 12 o'clock public hearing. I would appreciate everyone being prompt. At this time the Chair recognizes Councilwoman Tasco for a motion to adjourn.

Madam President, I move that Council stand adjourned until Thursday, October 9, 2003, 10:00 a.m. (Duly seconded.)

All in favor? (Aye.)

Those opposed? (No response.)

The ayes have it. Council stands adjourned until Thursday, October 9, 2003. Thank you. (Council adjourned at 10:35 a.m.) ¡›î› C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of October 2, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR