COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, November 13, 2008 10:05 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO 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. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will take their seats and visitors will retire to the seats outside the rails. Before I recognize our Reverend to give the invocation today, I would ask everyone to please rise for a moment of silent prayer for Lieutenant Governor Catherine Baker Knoll, who passed away last evening. Catherine Baker Knoll. (Members and guests all rise for a moment of silence.)
May she rest in peace. Please remain standing. To give our invocation this morning, the Chair welcomes Reverend Charles Quann, Pastor of the Bethlehem Baptist Church. He is here today as the guest of Councilwoman Brown. Reverend?
Let us pray. Our gracious and glorious God, we stand today to give you thanks for all of your bountiful blessings. We thank you for this historical time in the life of our nation with the election of Senator Barack Obama. We pray, oh God, that the transition between our President and our newly elected President will be smooth and this country, oh God, might heal and be one country. We ask, oh God, thy blessings upon our City, City Council, our Mayor as they are faced with difficult challenges. Yet, oh God, we pray that they will have the tenacity, the strength and the compassion to make those decisions that will always put service above self. We ask, oh God, thy blessings upon our Capitol and Harrisburg, that we may work together, our city and our suburbs. And we thank you that we live in a land by which we can continually make one people one nation. Thank you for all the work and commitment that's gone into the City Council, and we pray today, oh God, that everything that we do will give your name praise, glory and honor. Give us shalom and peace in our hearts. And may, oh God, at the end of the day you be pleased with our service. We pray. (Amen.)
The Chair thanks Reverend Quann 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 Thursday, November 6, 2008, and the Chair recognizes Councilman Clarke.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, November the 6th, 2008 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, November 6, 2008 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal is approved. The next order of business is requests for leave of absence, and the Chair, again, recognizes Councilman Clarke.
Thank you, Madam President. Madam President, a leave of absence is requested by Councilwoman Tasco.
The Chair thanks the Councilman. Leave will recognizes Councilman Rizzo.
Madam President, leave of absence is requested for Councilman O'Neill, who is away on City business.
Thank you. Leave will be granted. 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. The Chair now recognizes Councilwoman Miller, who will present a resolution proclaiming October 2008 as National Breast Cancer Awareness Month. Will Police Officer Kim Byrd please join the Councilwoman at the podium. I see that Councilwoman Miller is being accompanied by Councilwoman Sanchez and Councilwoman Brown. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Proclaiming October 2008 as National Breast Cancer Awareness Month and supporting the numerous activities recognizing this effort around the country. Whereas, for more than 20 years, National Breast Cancer Awareness Month has educated women about early breast cancer detection, diagnosis and treatment; and
Whereas, in recognition of this important milestone, on May 17th in New York, the National Breast Cancer Awareness Month Board of Sponsors held a national summit have made significant contributions to the fight against this devastating disease; and Whereas, the earlier that breast cancer is found, the more likely it is that treatment can be curable and that mammograms are the best screening for early detection of breast cancer; and
Whereas, across the nation, the third Friday in October each year is National Mammography Day, which was first proclaimed by President Bill Clinton in 1993; and Whereas, on this day or throughout the month of October, radiologists provide discounted or free screening mammograms; and
Whereas, mammography screenings are a woman's best chance for detecting breast cancer early, and when coupled with new treatment options, mammography screenings can significantly improve a woman's chances survival; Whereas, in an effort to further increase National Breast Cancer Awareness Month impact, they are seeking to take their activities to the next level, encouraging all women to take charge of their own breast health. Whether it includes practicing regular self-breast exams or making sure to schedule an annual mammogram, every bit counts; and
Whereas, women, public officials and advocates continue the crusade for increased federal research and medical funding for breast cancer. The designation of National Breast Cancer Awareness will bring attention to the need for additional funding for the research of a cure. Now therefore resolved, by the Council of the City of Philadelphia, that October 2008 is recognized as National Breast Cancer Awareness Month. resolved, that an engrossed copy of this resolution be presented to Police Officer Kim Byrd as evidence of the sincere appreciation and support of this legislative body. Certification, this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 23rd day of October 2008. Signed by Anna C. Verna, President of City Council. Introduced by Donna Reed Miller, Joan Krajewski, Marian B. Tasco, Anna C. Verna, Blondell Reynolds Brown, Maria Sanchez and Jannie L. Blackwell, and sponsored by all members of City Council. (Applause.)
The Chair recognizes Officer Byrd for remarks. OFFICER BYRD: First, I'd like to just say thank you. And it's really sad today that the Honorable Catherine Baker Knoll, Lieutenant Governor, passed not been for her coming to my office and asking me to do something for breast cancer, because we have done something for the cops, our Cops for the Cure, this whole ride for the cure would not have been possible. But I just believe that I've been given two unique opportunities. One is to give back to my mother what she's given to me, and the second opportunity is to serve the citizens of Philadelphia. And I'm willing to put the work in. I care about the citizens of Philadelphia, and I appreciate you, Councilwoman Donna Reed Miller. I've always loved you, Councilwoman, all the Councilwomen and men here. So thank you very much. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
The Chair now recognizes Councilman Jones, who will present a resolution proclaiming November 2008 as Lung Cancer Awareness Month. Will Ms. Nancy Gatschet and those accompanying her please join the Councilman at the podium. The Councilman is being joined by Councilwoman Brown.
Thank you, Madam President. This is a resolution proclaiming November 2008 as Lung Cancer Awareness Month. Whereas, lung cancer is the leading cause of cancer death in both men and women in Pennsylvania and the United States, according to the American Cancer Society; and Whereas, lung cancer takes the lives of more Philadelphians each year than breast, prostate, colon, liver and kidney cancers combined; Whereas, former smokers and people who have never smoked comprise the majority of new cases of lung cancer each year; and Whereas, lung cancer has a 15 percent, five-year survival; and
Whereas, early lung cancer diagnosis and management protocols exist, yet have not been embraced as the standard of care; and Whereas, funding for the lung cancer research falls far short of that for other less fatal diseases; and Whereas, the City of Philadelphia demonstrated its support to the prevention of lung cancer by prohibiting smoking in public places. Now therefore
Resolved further, that a copy of this resolution be forwarded to Nancy Gatschet, Philadelphia liaison of the National Lung Cancer Partnership, as evidence of our legislative body. Signed by all members of Council. (Applause.)
Thank you so much. I really appreciate the recognition of this month as Lung Cancer Awareness Month. I'm an unusual person. You're not going to see a lot of me. I am a lung cancer survivor. Only 15 percent of us make it five years. Most of us don't make it a year after being diagnosed. Lung cancer does represent over 30 percent of cancer deaths, and yet we receive less than five percent of the National Cancer Institute's research budget. Lung cancer is a very difficult disease to deal with. It makes me so happy that money has been raised for breast cancer research. It's made a woman is diagnosed with breast cancer, she has an 87 percent chance of a normal, full life. We're working to achieve the same for men and women with lung cancer, and you've helped us with awareness today. Thank you so very much. (Applause.)
At this time, the Chair recognizes Councilwoman Brown, who will present a resolution recognizing October as Philly Plays SCRABBLE Month. Will Mrs. Mattleman and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Brown.
Yes. Thank you, Madam President. We are now recognizing October Month. Whereas, literacy is important to the City of Philadelphia and can be achieved in many, many ways; and Whereas, SCRABBLE is a word game in which two to four players score points by forming words from individual lettered tiles on a game marked with a 15-by-15 grid; and Whereas, the game is very diverse, as it is sold in 121 countries in 29 different language versions, appealing to children from various social backgrounds and adults alike; and
Whereas, the intensity of the play, obscurity of the words, and scores in tournament games are enjoyed worldwide in both club and tournament styles of play; and Whereas, After School Activities Partnerships and the Free Library of Philadelphia believe that the game of SCRABBLE teaches literacy skills as a fun enrichment activity; and Whereas, during October, adults who love the game of SCRABBLE and are eager to share their skills with young people, either for pleasure or as a competition, can foster learning and create a love of words and their meanings; and
Whereas, those who play competitively will have the opportunity to be involved in play-off and championship matches, bringing excitement to the City and promoting Philadelphia as a literate city. Now therefore be it resolved, that the Philadelphia City Council recognizes and honors those who highlight SCRABBLE as a means of developing a more literate population, declare October as Philly Plays SCRABBLE Month an annual event. Further resolved, that an engrossed copy of this resolution be presented to ASAP/After School Activities and the Free Library of Philadelphia as evidence of the sincere sentiments of this legislative body. Signed an engrossed copy submitted by President Anna C. Verna, introduced by Blondell Reynolds Brown and indeed sponsored by all the members of the Philadelphia City Council. Philly Plays SCRABBLE Month. (Applause.)
The Chair recognizes Mrs. Mattleman for remarks.
I want to thank Councilpeople Reynolds Brown and Quinones-Sanchez for the citation, and I want to thank the City Council members who really want to see Philadelphia as a literate city. SCRABBLE is not just a game. It's a way of telling people that we know about language, we know about words, and kids can learn math and they can learn next move and strategy as well. It's a terrific -- how many of you play SCRABBLE? (Some members and guests raise their hands.)
I was sure. I was sure that you do. And we really have some wonderful sponsors and partners that I want to introduce. Matt Hopkins, I don't know if Matt Hopkins is here. He is the guru of SCRABBLE in the City. He's a member of the National SCRABBLE Association who taught us all the rules. And also we have this morning our people from ASAP, Maria Walker, our Executive Director, and Emily Goss, who puts Philly Plays SCRABBLE Month together. And nothing happens by itself, you know that. Our partners are the Free Library. Betsy Orsburn is here and Jennifer Walker. People play SCRABBLE at 17 and over a thousand people play, people from the suburbs, people from the City, and then they come and they become SCRABBLE coaches for kids. So if any of you want to do that, be sure that you see one of us. And then, of course, we have sponsors. Our long-term sponsor is Verizon, and Jim Reed is here. He started with us from the beginning. We have Comcast. We have Gene Morris from Comcast. And PNC is another sponsor, unable to be here. Let me just tell you, there was a nail-biter last night at the library. Sixteen people vied for the championship. And, unfortunately, Edwin Roth is not here with us today, a 52-year-old who came to Philadelphia from Allentown, and what did he say? It's a friendly city, because when you say play SCRABBLE, you meet people. So we've had a wonderful year, October, a wonderful month. We intend to go through the year. We hope we have your support, and I want to thank all of City Council members. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages 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 transmitting herewith for the consideration of your honorable body a resolution finding that a negotiated private sale of general obligation bonds is in the best financial interest of the City of Philadelphia; and An ordinance authorizing the Property, on behalf of the City, to enter into a second amendment to an existing lease between RedGap for the City's use of certain space located at 4000 North American Street; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to convey to the Philadelphia Authority for Industrial Development Camp William Penn to the Department of Conservation and Natural Resources for fair market value; and An ordinance amending Chapter 19-3200, entitled "Keystone Opportunity Zone and Economic Development District," all under certain terms and conditions; and An ordinance authorizing the Department of Public Property to enter into a franchise agreement with Verizon Pennsylvania to operate and maintain a cable television service within the City of Philadelphia through its cable television system, all under certain terms and conditions.
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 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 one resolution.
The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 3rd, 6th, 24th and 44th 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 signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
The Chief Clerk will please read the title of the 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 Tacony Street, Homestead Street, Milnor Street extended and Dark Run Lane.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer two resolutions.
The Chief Clerk will please read the title of the first resolution.
A resolution proclaiming November 2008 as American Diabetes 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 indicate by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 11th and 12th Wards 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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into a second amendment to an existing lease between RedGap Limited Partnership and the City for the City's use of certain space located at 4000 North American Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to convey to the Philadelphia Authority for Industrial Development Camp William Penn to the Department of Conservation and Natural Resources for fair market value.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Jones.
Thank you, Madam President. I have two resolutions, one co-sponsored with Councilwoman Brown and one with Councilwoman Sanchez.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution calling on the Administration to obtain an independent impact study before eliminating any engine or ladder company.
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 authorizing the Committee on Law and Government to investigate how the City, through its procurement process, can save taxpayer dollars by joint purchasing with other governmental bodies and agencies.
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 Goode.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions this morning.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill, please.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Girard Avenue, Front Street, Spring Garden Street and 6th Street.
This bill will be referred to the appropriate committee.
And an ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by amending the provisions of Section 10-723 to prohibit the door-to-door distribution of handbills unless they are handed directly to an occupant, all under certain terms and conditions.
The 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 31st Ward of the City of Philadelphia.
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 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.
Thank you, Madam President. Madam President, before I introduce the bills, I would like to, if at all possible, to recognize our guests today. We have Lou Border and some students from J.R. Masterman School here today, and I would just like to ask your indulgence to recognize them.
If they would stand, we would be happy to recognize them. Please stand. Welcome. (Applause.)
Thank you, Madam President. Madam President, I have five bills and one resolution co-sponsored by Councilman DiCicco and myself.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Department of Public Property to enter into a franchise agreement with Verizon Pennsylvania to which Verizon shall have the right to operate and maintain a cable television service within the City of Philadelphia, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Sections of an ordinance, Bill No. 080383, approved June 5, 2008, entitled "An ordinance authorizing the Arch Street Hotel Partners to construct, own and maintain various encroachments at 1421 Arch Street," by extending the period for compliance and revising the extent of the encroachment, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the installation of all-way stop signs at the intersection of 22nd Street and Cherry Street.
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 Spring Garden Street, Broad Street, Buttonwood Street and 15th Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-3200, entitled "Keystone Opportunity Zone and Economic Development," all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on Fiscal Stability to hold hearings regarding the feasibility and benefits of implementing a coordinated municipal advertising program in Philadelphia.
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 11/13/08 - STATED - 2ND READING Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. As there are no reports from committees nor bills on the First Reading Calendar, the Chair recognizes Councilman Clarke for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Madam President, today Bills No. 080522-AA, 080376, 080741 and 080742 are being called for Second Reading and Final Passage Calendar today.
The Chief Clerk will please read the title of 11/13/08 - STATED - 2ND READING Bill No. 080376.
An ordinance establishing a neighborhood improvement district in an area that generally includes Cheltenham Avenue with boundaries of Wadsworth Avenue on the west, Broad Street on the east, Ogontz Avenue with boundaries of Cheltenham Avenue on the north, 67th Avenue on the south, and Wadsworth Avenue with boundaries of Cheltenham Avenue, to be known as the Greater Cheltenham Avenue Business Improvement District.
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 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. I would ask the Chief Clerk to please read the title of Bill No. 080622-AA on .
An ordinance amending Title 9 of The Philadelphia Code, by adding a new Chapter regulating the erection, use and inspection of tower cranes, all under certain terms and conditions. 11/13/08 - STATED - 2ND READING
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 15; the nays are zero. A majority of all members having 11/13/08 - STATED - 2ND READING voted in the affirmative, this bill passes. We will now consider Bill No. 080741.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 11th Street, Filbert Street, 10th Street and Market Street.
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.