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Minutes

Stated Meeting, November 19, 2009

Philadelphia City CouncilNov 19, 2009

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

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

Chief Clerk

An ordinance authorizing transfers in Appropriations for Fiscal Year 2010 from the Grants Revenue Fund, the Director of Finance Provision for Other Grants to the General Fund.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing John Byrne, owner of Pasiano's, 7100 Tulip Street, to legalize the construction, operation and maintenance of an existing enclosed set of stairs located on the Princeton Avenue side of that property.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Chapter 19-3100, entitled "Attorney Fees in Collection Matters; Retention of Private Attorneys," by providing for imposition of attorney and collection agency fees in connection with certain collection activity.

Council President Verna

The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I offer one bill.

Council President Verna

Thank you. The Chief Clerk will please read the title.

Chief Clerk

An ordinance establishing the installation of all-way stop signs at the intersection of Lawndale Avenue and Bleigh Avenue.

Council President Verna

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

Councilman Clarke

Thank you, Madam President. I have three bills and one resolution.

Council President Verna

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

Chief Clerk

An ordinance amending Section 10-1001 of Title 10 (Regulation of Individual Conduct and Activity) of The Philadelphia Code relating to fees charged by the Commissioner of Records.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Section 10-1001 of Title 10 of The Philadelphia Code relating to fees charged by the Commissioner of Records.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to execute and deliver a deed conveying fee simple title to certain parcels of land, located at 745 through 47 North 19th Street; 801 through 35 North 19th Street; 1825 through 45 Wylie Street; and 1851 Wylie Street.

Council President Verna

This bill will also be referred to the appropriate committee.

Chief Clerk

And a resolution recognizing Community College of Philadelphia student athletes and coaches for superior achievements in intercollegiate sports.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

I move for the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilman Kelly

Madam President, I have no bills or resolutions.

Council President Verna

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

Councilman Rizzo

Madam President, one bill.

Council President Verna

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

Chief Clerk

An ordinance amending Chapter 14-1800 of The Philadelphia Code, entitled "Zoning Board of Adjustment," to provide that the Zoning Board of Adjustment shall require any person seeking a variance from the 14 to be current in payments of all taxes imposed under Title 19.

Council President Verna

The bill will be referred to the appropriate committee. The next order of business is reports from committees. The Chair recognizes Councilman Kenney for a report from the Committee on Rules.

Councilman Kenney

Thank you, Madam President. The Committee on Rules reports four bills out with favorable recommendations.

Council President Verna

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

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 090471, entitled "An ordinance to amend the changing the zoning designations of certain areas of land located within an area bounded by Ridge Avenue, Sedgley Avenue, Diamond Street and Glennwood Avenue"; and Bill No. 090472, entitled "An ordinance amending Bill No. 080588, entitled, 'An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Arch Street, 18th Street, Cuthbert Street and 19th Street'"; and Bill No. 090517, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Walnut Street, 42nd Street, Locust Street and 43rd Street"; and Bill No. 090571, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land bounded by Market Street, Farragut Street, Chestnut Street and 49th Street," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilman Kenney.

Councilman Kenney

Madam President, I move the rules of Council be suspended so as to permit first reading this day of Bills No. 090471, 472, 517 and 571. (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 bills just reported from committee. All those in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilwoman Tasco

Thank you, Madam President. The Committee on Finance reports out four bills with a favorable recommendation.

Council President Verna

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

Chief Clerk

The Committee on Finance, to which was referred Bill No. 090119, entitled "An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled 'Business Privilege Taxes,' by adding the definition of certified excluding from the definition of receipts, any receipts from the specific business conducted by certain certified sustainable businesses"; and Bill No. 090687, entitled "An ordinance amending Bill No. 090212, entitled 'An ordinance to adopt a Capital Program for the six Fiscal Years 2010 through 2015 inclusive,' by revising and adding certain projects, amounts and sources"; and Bill No. 080746, entitled "An ordinance amending Section 17-104 of The Philadelphia Code, relating to the prerequisites to the execution of City contracts, by adding a new subsection prohibiting the acceptance of bids on City contracts from, or the execution of original or renewal contracts with, corporations or other business entities that do business in Iran or Sudan"; and Bill No. 090688, entitled "An ordinance amending Bill No. 090213, 'An ordinance to adopt the Fiscal 2010 Capital Budget,' by revising and adding certain projects, amounts and sources," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee, with the exception of Bill 090687 and Bill 090688. (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 bills just reported from committee. All those in favor will say (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill Nos. 090687 and 090688 will be placed on our First Reading Calendar for our next session of Council. The Chair now recognizes Councilwoman Brown for a report from the Committee on Parks, Recreation and Cultural Affairs.

Councilwoman Brown

Thank you, Madam President. The Committee on Parks, Recreation and Cultural Affairs reports two bills with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please

Chief Clerk

The Committee on Parks, Recreation and Cultural Affairs, to which was referred Bill No. 090776, entitled "An ordinance authorizing the Commissioner of the Department of Parks and Recreation to enter into a license agreement between the City of Philadelphia and Juniata Golf Foundation under which Juniata Golf Foundation would operate, manage and maintain Juniata Golf Course as a public golf course"; and And Bill No. 090778, entitled "An ordinance authorizing the Commissioner of the Department of Parks and Recreation to enter into a license agreement between the City of Philadelphia and Impact Services Corporation under which Impact Services Corporation would operate, manage and maintain Walnut Lane Golf Course as a public golf course, all under certain terms and conditions," respectfully reports it has considered the same and to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 090776 and 090778. (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 bills just reported from committee. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the bills just read 11/19/09 - STATED - 1ST READING will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with a suspension of the rules have been deemed to have had a first reading. The bills will be placed on the Second Reading and Final Passage Calendar for the next session of Council. The Chair recognizes the Chief Clerk. We have three others. The Chief Clerk will please read the title of Bill No. 090667.

Chief Clerk

An ordinance amending Chapter 14-1600 of The Philadelphia Code, entitled "Miscellaneous," by repealing Section 14-1626, entitled "Demolition Moratorium in Old City," and Section 14-1628, entitled "Demolition Moratorium in Queen Village," and enacting a new Section 14-1626, entitled "Demolition Moratorium Districts," and designating Waverly Walk 11/19/09 - STATED - 1ST READING between 12th Street and 13th Street and Addison Street between 12th Street and 13th Street as Demolition Moratorium Districts.

Council President Verna

The chair agrees.

Chief Clerk

And Bill No. 090691, entitled "An ordinance amending Section 9-605 of The Philadelphia Code, entitled 'Towing,' and Section 12-2405, entitled 'Removal or Immobilization of Parked Vehicles; Notice,' to prohibit the towing of vehicles identified as reported stolen unless an attempt has been made by the Police to give the vehicle owner an opportunity to recover the vehicle before the vehicle is towed."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 090671, entitled "An ordinance amending Section 17-109 of The Philadelphia Code, entitled 'Local Bidding Preferences,' by providing for a local bidding preference 11/19/09 - STATED - 1ST READING for contracts funded by certain federal stimulus moneys, all under certain terms and conditions."

Council President Verna

The Chair agrees. At this time, the Chair recognizes Councilman Kenney regarding a motion concerning Bill No. 090119.

Councilman Kenney

Thank you, Madam President. I move that the rules of Council be suspended so as to permit an amendment to be offered to Bill No. 090119. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. Again, the Chair recognizes 11/19/09 - STATED - 1ST READING Councilman Kenney.

Councilman Kenney

Madam President, I would like to offer an amendment to Bill No. 090119. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and Bill No. 090119 is amended. Bill No. 090119 and all other bills read by the Clerk on the First Reading Calendar will be placed on our Second Reading and Final Passage Calendar for next week -- or our next session of Council. I forgot next week is Thanksgiving. 11/19/09 - STATED - 2ND READING The Chair recognizes Councilwoman Tasco for the purpose of calling up the bills to be considered on the Second Reading and Final Passage Calendar.

Councilwoman Tasco

Thank you, Madam President. Bill No. 090660-A, 090581-A, 080130, 090071, 090578, 090582, 090584, 090585, 090573, 090574, 090575, 090668, 090702, 090703, 090709, 090710, 090711, 090712 and 090672 are being called up for Second Reading and Final Passage Calendar today. Bill No. 090568 is being amended. All other bills are being held.

Council President Verna

Thank you very much. The Chief Clerk will please read the title of Bill No. 090660-A.

Chief Clerk

An ordinance amending Bill No. 080468-A (approved November 5, 2008), entitled "An ordinance amending Section 9-1103 of The Philadelphia Code, entitled 'Unlawful 11/19/09 - STATED - 2ND READING Employment Practices,' and enacting a new Chapter 9-3200, entitled 'Entitlement to Leave Due to Domestic or Sexual Violence,' to provide that certain employees may take unpaid leave from work to address domestic or sexual violence."

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. 11/19/09 - STATED - 2ND READING

Councilman Green

Aye.

Chief Clerk

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.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo. 11/19/09 - STATED - 2ND READING

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. 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 and call No. 090581-A.

Chief Clerk

An ordinance amending Chapter 9-400 of The Philadelphia Code, entitled "Carriers," by adding a new Section 9-410, entitled "Pedicabs," to provide for the licensing and regulation of businesses operating Pedicabs for hire.

Council President Verna

This 11/19/09 - STATED - 2ND READING 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.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly. 11/19/09 - STATED - 2ND READING

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.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. 11/19/09 - STATED - 2ND READING

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, this bill passes. The Chief Clerk will please read the title of Bill No. 090568.

Chief Clerk

An ordinance amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending Subcode "PM," by requiring the periodic inspection of the exterior walls and appurtenances of certain buildings.

Council President Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I would like to offer an amendment to Bill No. 090568. The amendment has been circulated to all members of Council. I move its adoption. (Duly seconded.) 11/19/09 - STATED - 2ND READING

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 opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. The Chief Clerk will please read the title of Bill No. 080130.

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-300, entitled "Commercial Districts," by adopting a new section, entitled "Transit-Oriented Development District."

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 11/19/09 - STATED - 2ND READING 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.

Councilman Green

Aye.

Chief Clerk

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. 11/19/09 - STATED - 2ND READING

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. The ayes are 17; the nays are 11/19/09 - STATED - 2ND READING zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill 090071.

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adopting a new Section, entitled "Overbrook Farms Transit-Oriented Center Special District Controls."

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. 11/19/09 - STATED - 2ND READING

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.