COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, October 16, 2003 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN 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
I note that the hour that is come and that a quorum of this Council is present. The Council will please come to order. Members and visitors will please take their seats. To give our invocation this morning, the Chair welcomes the Reverend Robin Heineka (ph) of the Frankford Group Ministries. He is here today as the guest of Councilman Mariano. All members and guests will please rise.
Thank you and good morning. Let us pray together. Precious Lord, take our hands. Lead us on into the City with wisdom and with justice, with hope and with love. Give us courage to speak our minds and to do the work that brings joy and justice to all citizens of this great City. Bless this Council, their staffs, their constituents and all the citizens and residents of this City. May we come together and be the City that is a City on the hill, set in light, bringing hope to all of the world. This we pray. Amen.
The Chair thanks the Reverend for his very inspiring will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of October 9, 2003. The Chair recognizes Councilwoman Blackwell.
Thank you. I move that the Journal of the meeting of Thursday, October 9, 2003, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 9, 2003, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries, and the Journal of the meeting of Thursday, October 9, 2003, is approved. The next order of business is requests 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.
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. Councilwoman Blackwell, did you want to recognize a visitor?
Thank you, Unfortunately, my visitor has been delayed. I will let you know when he arrives.
Thank you. 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 15, 2003, I signed Bill No. 030487 that was passed by Council at its session on October 2, 2003.
Thank you. The messages will be printed in the Journal. The Clerk will please read any other communications in her possession. THE
Thank you. The next order of business is the introduction of bills and resolutions. & RESOLUTIONS The Chair recognizes Councilwoman Blackwell for a motion.
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 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.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
The Clerk will & RESOLUTIONS please read the title of the resolution. THE
A resolution mourning the death and honoring the memory of Andrew Farnese.
Madam President, I move the adoption of the resolution by a standing vote.
All those standing will be voting in the affirmative. (Unanimous standing vote.)
The resolution has been adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I offer two resolutions.
The Clerk will please read the title of the first resolution. THE
A resolution honoring the Children's Hospital of Philadelphia.
The Chair recognizes Councilwoman Blackwell. & RESOLUTIONS
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 signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 6th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be & RESOLUTIONS adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair at this time recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the bill. THE
An ordinance to amend & RESOLUTIONS the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Second Street, Turner Street, Hancock Street and Oxford Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
The Clerk will please read the title of the bill. THE
An ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sides by restricting the prohibition of sidewalk sales on that portion of the south side of 900 West Nedro Avenue beginning and extending east from south side of 1000 for a distance of 77 feet.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
The Clerk will & RESOLUTIONS 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 13th Ward of 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 indicate by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilman Nutter.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance amending Section 2 of an ordinance, Bill No. 010268, approved August 31, 2001, entitled an ordinance authorizing the vacating of River Road from a point approximately 10 feet southwest of the Philadelphia/Montgomery County line.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer up one resolution this morning.
The Clerk will please read the title of the resolution. THE
A resolution honoring and commending Judge Glenda Hatchet^ CK.
It has been & RESOLUTIONS 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 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.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman O'Neill.
Madam President, I have no bills or resolutions. & RESOLUTIONS
The Chair at this time recognizes Councilman Clarke.
The Clerk will please read the title of the resolution. THE
A resolution agreeing to participate in a Boyd Theater Tax Increment Financing District.
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 adopted. The Chair recognizes Councilman Rizzo.
The Clerk will please read the title of the resolution. THE
A resolution honoring Kenneth G. Lawrence, Chairman of PECO Energy Company.
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 has been adopted. The next order of business is reports from committees. And the Chair recognizes Councilman from the Committee on Rules.
Thank you, Madam President. The Committee on Rules reports three bills out with a favorable recommendations.
The the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 030483, entitled an ordinance amending Title 14 of the Philadelphia Code relating to "Zoning and Planning" by amending Chapter 14-200 entitled "Residential District," and by amending Chapter 14-1400 entitled "Parking and Loading Facilities," by making certain technical amendments to Section 14-1401, all under certain terms and conditions; And Bill No. 030612, entitled an ordinance authorizing Neighborhood Improvement District Management Associations to provide for interest to accrue upon assessment fees levied on property owners within a Neighborhood Improvement District; And Bill No. 030617, entitled an ordinance amending Title 14 of the Philadelphia Code, relating to "Zoning and Planning," by adding a new Section 14-1607.1, entitled "Special Controls for Chestnut Street," under certain terms and conditions; Respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Madam President, I move the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 030438, 030612 and 030617.
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 030483, 030612 and 030617. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on today's First Reading Calendar. That concludes Committee reports. Our next item of business is consideration of the Calendar. The Clerk will please read the bills on the First Reading Calendar. THE
Bill No. 030483, an ordinance amending Title 14 of the Philadelphia Code relating to "Zoning and Planning" by amending Chapter 14-200 entitled "Residential District," and by amending Chapter 14-1400 entitled "Parking and Loading Facilities," by making certain technical amendments to Section 14-1401, all under certain terms and conditions
And Bill No. 030612, an ordinance authorizing Neighborhood Improvement District Management Associations to provide for interest to accrue upon assessment fees levied on property owners if such fees are not paid when due 10/16/03 - STATED - 2ND READING & FINAL PASSAGE and authorizing liens to be filed for nonpayment of such interest, all under certain terms and conditions.
And Bill No. 030617, an ordinance amending Title 14 of the Philadelphia Code, relating to "Zoning and Planning," by adding a new Section 14-1607.1, entitled "Special Controls for Chestnut Street," under certain terms and conditions.
The Chair agrees. That completes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today Bill Nos. 030251, 030641, 030611, 030557, and 030561 are being called up for second reading and final passage. All other bills are being held. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE
Thank you. The Clerk will please read the title of the first bill. I believe it's Bill No. 030251. THE
An ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by adding a new Section 19-1801 providing for cap on tax increases, under certain terms and conditions. Before we vote, the Chair recognizes Councilwoman Brown.
Thank you, Madam President. I wish to speak on this bill. Given the very tangible and, in my view, favorable reforms that are under way at the Philadelphia Public School System and given the release of the recent recommendations by the Tax Review Commission, I continue to remain completely non-supportive of any measures that directly or indirectly remove Monday from the Philadelphia Public School System now and/or in the future. So I will be voting no on this bill.
Thank you. Does anyone else want to be recognized on this bill? This is Councilman O'Neill's bill, 10/16/03 - STATED - 2ND READING & FINAL PASSAGE it's on , Bill 030251. (No response.)
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
Madam President, just one moment. Thank you. (Pause.)
No. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE THE
Council President Verna. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE
Aye.. I believe the vote is 8-8. The motion fails. The Clerk will please read the title of Bill No. 030641. THE
An ordinance amending Chapter 20-300 of the Philadelphia Code entitled "Compensation," increasing the salaries of elected city officials and amending the provisions for annual cost of living salary adjustments, all under certain terms and conditions.
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
Aye. (Councilman 10/16/03 - STATED - 2ND READING & FINAL PASSAGE DiCicco recorded as voting no. Please refer to , Line 2.) THE
Madam President, I'd like to change my vote to no. I apologize. I was involved in a conversation with my colleague.
Aye. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE THE
Aye. The ayes are 12, the nays are 4. A majority of all Members having voted in the affirmative, the bill passes. The Clerk will please read the title of Bill No. 030611. THE
An ordinance amending Bill No. 030003, approved June 5, 2003, entitled an ordinance to adopt the Fiscal 2004 Capital Budget by providing for certain terms and conditions relating to the 2004 Capital Budget.
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. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE THE