COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 9, 2006 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
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 Charles Walker, Pastor of the 19th Street Baptist Church. He is here today as the guest of Councilman Goode. Will all members and guests please rise. (Everyone rises.)
Before we pray, I want to thank Councilman Goode for extending the invitation to me. Not that I need an invitation to pray. I do that all the time. And thank you, Madam President, for your gracious acceptance.
Shall we pray. Oh, God, thou who art the creator of heaven and earth, the sustainer of own life, thou who art the father of Abraham, Isaac and Jacob, you who has revealed yourself and your son, Jesus Christ. We come to you this morning with thanksgiving in our hearts simply because we are alive, and we live in a great country and a great city and a great state. But we come also to invoke your presence as this Council deliberates, for we recognize that the complexities of the problems that we face cannot be solved except with divine help. Help us to seek your guidance and help us to execute our offices with compassion and justice. Thank you that even our faults you take and you turn them into good. And so we pray that you will bless this session and all sessions and bless every member of this Council. Bless our great our great nation, for we lift this prayer in the name of Jesus. Amen.
Amen. The Chair thanks Reverend Walker 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 March 2, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, March 2, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 2, 2006 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, March 2, 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. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
Thank you. The Chair will dispense with 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. At this time, the Chair recognizes Councilman Rizzo, who will present a resolution recognizing and honoring someone we all know very well, Carmen Dee DiPipi, who is the conductor of the Carmen Dee Orchestra. Will Carmen Dee and those accompanying him please join the Councilman at the podium. Please come up here, Carmen.
Yes. Good morning, Madam President. I don't know if my light is broke, but I have visitors here that I wanted to introduce this morning.
Well, can we wait until after this presentation?
Thank you. Recognizing, honoring, celebrating and thanking Carmen Dee DiPipi, Conductor of the Carmen Dee Orchestra, after 60 years of providing excellent musical entertainment and delivering "big band sounds" throughout the City of Philadelphia and the tristate Whereas, Carmen Dee was born -do you want me to say the date? He looks pretty good. I think I have to say it. Carmen Dee was born on June 19, 1927 to Elena and John DiPipi; and Whereas, from the time he was a little boy, Carmen Dee had a very special interest in music and started playing the saxophone when he was only eight years old. Whereas, during the 1940's at age 17, Carmen Dee joined the Philadelphia Musicians Union, and at 18, was hired to play in the band at Palumbo's Restaurant; and Whereas, several years later, he became the conductor of the Carmen Dee Orchestra and remained at Palumbo's Restaurant for several decades; and Whereas, Carmen Dee provided entertainment at the Philadelphia Hero Scholarship Show for over 25 years and the tristate area promoting the big band sound. Now, therefore, be it resolved, by the Council of the City of Philadelphia, that it recognizes, honors, celebrates and thanks Carmen Dee after over 60 years of providing excellent musical entertainment and delivering the big band sound throughout the City of Philadelphia and the tristate area. Further resolved, that an engrossed copy of this resolution be presented to Carmen Dee, further evidencing the sincere admiration and gratitude of this legislative body. (Applause.)
The Chair recognizes Mr. DiPipi for remarks. MR. DiPIPI: Thank you very much, ladies and gentlemen. I would like to thank President of City Council, Anna Verna, and Councilman Frank Rizzo, Jr. and members of City Council for honoring spelled out, my life-style, what I've done for 60 years was just a wonderful experience. I had a wonderful life working with so many performers in that 60-year period. Just to name a few, like Jimmy Durante, Tony Bennett, Billy Daniels, Mel Torme, Al Martino, the Mills Brothers, Patti Page, Bobby Vinton, Frankie Avalon, Bobby Rydell and Cozy Morley, just to name a few. And Cozy is with us here today.
Indeed he is. (Applause.) MR. DiPIPI: One engagement I really enjoyed doing was the Hero Scholarship Fund Thrill Show at JFK Stadium for 25 years, thanks to Ruth Salinski. (Applause.) MR. DiPIPI: At this time, I'd like to thank my wife, Tina, and my son, Greg, who just came in from Vegas to be today, and my sister and my family, friends all here today. Thank you for supporting me all these years. (Applause.) MR. DiPIPI: I would like to close by saying that I'm still working and I have a pretty busy schedule coming up this year. I don't want people to think that this is the end of my life, so forth. I will continue on as long as I can. And, again, thank you for coming, and God bless everybody. (Applause.)
Congratulations, Carmen. Council will be at ease.
Thank you, Madam President. President, today I'd like to recognize some individuals in the audience. First I would like to recognize some individuals who came from out of town to participate in this afternoon's hearing on the video surveillance issue. I'd like to recognize Chief of Police Kristen Mahoney from Baltimore and Mary Horan, who is a Commander of the Community Safety, and Mark Hughes. Please stand up. (Applause.)
And from the City of Chicago, we have Mr. Andrew Velasquez, who is the Executive Director of the Chicago Office of Emergency Management, and Dean Tsilikas, who is from Chicago, and they have abbreviations. I have no idea what it means, but he is a Director of Intergovernmental Affairs. Please stand. (Applause.)
And last, but not least, I would like to introduce Central High, students there are from Student Voices, and the teacher, Stanley Levy, and Kristin Shepherd, Student Voices.
If they're here, would they please stand so we can recognize them. (Applause.)
Also, Madam President, in around ten minutes, I'm going to have to leave. I would like to ask for a leave of absence. I will be voting aye on all bills and resolutions. Just some personal business I have to take care of.
I, too, wanted to welcome the students from School, but Councilman Clarke has done that. Thank you.
You're welcome. 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.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on March 9, 2006, I signed the following bills that were passed by Council at its session on February 23, 2006: Bill No. 051230 and Bill No. 060010-A; and I am returning to the Council without my signature Bill No. 051028-AA; and I am transmitting herewith for the introduction and consideration of your honorable body an ordinance Public Property, on behalf of the City of Philadelphia, to acquire fee simple title to some or all of certain real estate parcels in Tinicum Township; and An ordinance removing a portion of the property known generally as the Byberry State Hospital from the Philadelphia Keystone Opportunity Zone; and An ordinance amending Title 14 of The Philadelphia Code by amending Chapter 14-400, entitled "Commercial Entertainment District," by revising the procedures relating to the establishment of a commercial entertainment district.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and 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 please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 6 of The Philadelphia Code by adding Chapter 6-1000, relating to inmate medical services and providing for the payment of fees by inmates for chargeable medical services, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one resolution on your behalf, two resolutions and one bill on my own.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 19-203 of The Philadelphia Code, entitled "Payroll Deductions," by adding a new subsection permitting City employees who are bargaining unit members of the Fraternal Order of Police, Philadelphia Lodge 5, to authorize payroll deductions for contributions to COPPAC, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 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 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 60th 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 calling on one million Americans to write President Bush urging him to send a strong multi-national force to the Darfur region of the Sudan to stop the genocide occurring there.
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.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Mariano.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today, but also at this time, I'd like to recognize one of our State Representatives in the Northwest, and that's State Representative Mike Gerber.
Thank you, Madam President. Today I offer one resolution.
A resolution urging the City Council of Philadelphia to call upon our congressional representatives in federal government to preserve the funding for the Community Development Block Grant Program and other programs designated to assist community development and urban in rural areas.
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 indicate by saying aye. (Aye.)
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.
The Chief Clerk will please read the title of the resolution.
A resolution honoring experienced Corps Philadelphia on the occasion of its 10th anniversary.
It has been moved and 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 Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
The Chief Clerk will please read the title of the resolution.
A resolution urging the General Assembly of Pennsylvania to pass House Bill 1462 introduced by Representative Gabig of Cumberland County, which would require all local officials to share DNA samples of missing persons with the State Police.
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 indicate by saying aye. (Aye.)
Madam President, I would like to be excused for the remainder of this session and that the record would reflect I'll be voting aye on all bills and resolutions.
Thank you. Councilman DiCicco, do you have any bills or resolutions today? COUNCILMAN DiCICCO: Thank you, Madam President. I offer two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution designating the Historical Society of Pennsylvania as the official historical society of Philadelphia.
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 seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution honoring Thora Jacobson for her 33-year dedication to the Samuel Fleisher Art Memorial, her dedication to the arts and her commitment to making Philadelphia a model of an artistically rich community.
Again, 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 seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Thank you. 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 the following area of the City: Area generally bounded by Verree Road, Charette Road, Alicia Street, Alicia Street extended and Marchman Road.
The bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 393.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of Cates Way, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance removing a portion of the property known generally as the Byberry State Hospital from the Philadelphia Keystone Opportunity Zone.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Yes. Madam President, I offer one resolution on behalf of Councilman Clarke and also one privileged resolution, which I am offering.
Thank you. The Chief Clerk will please read the first resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 33rd Ward of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution honoring the 25th anniversary of the Irish Hunger Strike.
It has been moved and 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 Rizzo.
The Chair thanks the gentleman. The next order of business is reports from committees, and the Chair recognizes Councilwoman Blackwell for a on Finance.
Thank you, Madam President. The Committee on Finance reports out one bill 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 on Finance, to which was referred Bill No. 060011, entitled "An ordinance amending Bill No. 050792, entitled 'An ordinance approving the Fiscal Year 2006 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works,' and by extending the time line related to line item transfers," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 060011. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 060011. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bill just read will be placed on the First Reading Calendar for today. Miller 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 one bill 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 on Public Property and Public Works, to which was referred Bill No. 050744, entitled "An ordinance naming and designating the Lehigh Avenue Branch of the Free Library of Philadelphia, located at 601 West Lehigh Avenue, as the Lillian Marrero Branch of the Free Library of Philadelphia," respectfully reports it has considered the same and returns the with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Miller.
I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 050744.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 050744. 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. The Chair recognizes Councilwoman Blackwell for a report from the Committee on Housing, Neighborhood Development and the Homeless.
Thank you, Madam President. The Committee on Housing, Neighborhood Development and the Homeless reports out one bill 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 on Housing, Neighborhood Development and the Homeless, to which was referred Bill No. 060139, entitled "An ordinance amending Chapter 21-1100 of The Philadelphia Code, 'Community Development,' by extending the applicability period" respectfully reports it has considered the same and returns the attached bill 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. 060139. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 060139. All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. Council will now proceed under a special order of business, a resolution re-calling Bill No. 051144. The Chair recognizes Councilman O'Neill.
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 the resolution at this time. (Duly seconded.)
It has been moved and seconded. All in favor will say aye. (Aye.)
A resolution requesting the Mayor to return Council Bill No. 051144, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Section 104, entitled 'Non-Conforming Structures and Uses,' by amending provisions relating to the reconstruction of non-conforming structures."
Madam President, I move the adoption of the resolution. (Duly seconded.)
All in favor will indicate by saying aye. (Aye.)
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 March 9, 2006, Bill No. 051144, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' for the purpose of reconsideration by the Council of the vote by which said bill passed Council."
Thank you. The Chair recognizes Councilman O'Neill for a motion that Council reconsider the vote by which Bill No. 051144 was passed.
All in favor will please indicate by saying aye. (Aye.)
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 051144 was passed has been reconsidered. The Chair recognizes Councilman O'Neill.
Madam President, I would like to offer an amendment to Bill No. 051144. A copy of the amendment has been circulated to all members of Council, and I move the adoption of the amendment. 3/9/06 - STATED - 1ST READING (Duly seconded.)
It has been moved and properly seconded that the amendment to Bill No. 051144 be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and Bill No. 051144 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, and I would ask the Chief Clerk to please read the bills on the First Reading Calendar.
Bill No. 060011, an ordinance amending Bill No. 050792, entitled "An ordinance approving the Fiscal Year 2006 Capital Budget providing 3/9/06 - STATED - 1ST READING for expenditures for the capital purposes of the Philadelphia Gas Works, by approving a revised capital budget for Fiscal Year 2006."
And Bill No. 050744, an ordinance naming and designating the Lehigh Avenue Branch of the Free Library of Philadelphia, located 601 West Lehigh Avenue, as the Lillian Marrero Branch of the Free Library of Philadelphia.
And Bill No. 060139, an ordinance amending Chapter 21-1100 of The Philadelphia Code, entitled "Community Development," by extending the applicability period.
The Chair agrees. That completes the First Reading Calendar for today. The Chair 3/9/06 - STATED - 2ND READING now recognizes Councilwoman Blackwell for the purpose of calling bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Only the final bill on our Calendar on , Bill No. 051198, is being called up for second reading and final passage. All other bills are being held.
The Chair thanks the Councilwoman. The Chief Clerk will please read the title of Bill No. 051198.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded generally by Butler Street, Sepviva Street, Wheatsheaf Lane and Aramingo Avenue.
This bill having been read on two different days, the question now is shall the bill 3/9/06 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Councilman Clarke voting aye. Councilman DiCicco. COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. That completes our Calendar for today. Are there speeches on the part Minority? (No response.)
Are there 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, March 16th at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, March the 16th. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you all very much. (Stated Meeting adjourned at 10:50 a.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 March 9, 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.)