COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING - STATED Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 9, 2004, 10:22 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK DI CICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 Stated - 12/9/04 P R O C E E D I N G S
The hour has come, and a quorum of Council is present. Council will please come to order. Members will take their seats and visitors will please retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Chris Polis. She is here today as the guest of Councilman O'Neill. All members and guests will please rise. REV. POLIS: Thank you.
You're welcome. Thank you for joining us. REV. POLIS: And thank you to Ann Marie and Councilman O'Neill's office. I'd like to begin with a short story, kind of a prelude to our invocation. When I lived in Mayfair and commuted to my job at the time, which was at J.F.K. Community Mental Health Center -- I think... Stated - 12/9/04 Am I looking at North Broad Street as we... VOICES IN THE AUDIENCE: Yes. REV. POLIS: Great. And I worked there for several years, I would take the Number 66 bus to the Market Frankford El, where I would climb the steps and board the train. Now, most days I pretty much numbed myself to the mass of humanity jammed into those rush-hour cars. And most days I also tried not to look too long or too hard at the brokenness of the City under the elevated tracks, except for that one December day. It was almost dusk, and I was on my way home. It was damp and cold, the kind of cold that penetrates and feels like snow. You know that kind of cold? I had just finished a hard day in which client after client had found the courage to speak of their pain of abuse or of being violated in some unspeakable way, a day in which these persons had the courage to enter into their brokenness as a pathway to Stated - 12/9/04 healing. And so on this one particular day, in the gathering darkness of a cold December afternoon, I became quietly aware of the City under the elevated tracks: Abandoned cars, boarded up houses, empty lots filled with trash, shattered glass of dreams once held dear. I shivered inside. And then I saw it. Even though the street lamp was broken, I could still see the street sign through the gloomy grayness of that day, Hope Street. I couldn't believe my eyes. The name of the street was Hope. In one of the row houses on that block, next to an empty lot and across from an abandoned warehouse, a single candle in a window. To the person living on Hope Street with that one candle in the window, I say, thank you for a beautiful gift because all it takes is the light of one candle to pierce the darkness of our world and fill our lives with hope. Stated - 12/9/04 Let us pray. O God of this new day, we pause to give You thanks for the gift of hope. Let Your light shine from the tallest building to the darkest alleyway. Let Your justice flow from the Schuylkill to the Delaware and from neighborhood to neighborhood. Let honesty and integrity kiss in Love Park and find a home in our hearts and in the very heart of this chamber. O still speaking God, help us to listen. Help us to listen to you, to one another, and to the silent cries of those longing to be heard. Help these women and men to put aside personal agendas so that together they might look with courage at the issues, the challenges, the problems facing our people. Bless this Council with creativity, intelligence, compassion, vision and boldness. And in the height of debate, let there be an abiding awareness of our common Stated - 12/9/04 hope for the future and vitality of our City. O God of this new day, we pause to give you thanks, to listen, and to offer you the service of our lives. Amen.
Amen. The Chair thanks the Reverend for her absolutely beautiful words and very inspiring prayer. Thank you so much. The next order of business is the approval of the Journal of the Meeting of Thursday, December 2, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the Meeting of Thursday, December 2, 2004, stand approved. UNIDENTIFIED COUNCIL MEMBER: Second.
It has been moved and properly seconded that the Journal of the Meeting of Thursday, December Stated - 12/9/04 2, 2004, stand approved. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. The Journal of the Meeting of Thursday, December 2, 2004, is approved. The next order of business is requests 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 Mariano.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neil.
Madam Stated - 12/9/04 President, on behalf of the Republicans, there are no requests for leaves of absence.
Thank you. The Chair will dispense with the regular order of business, to recognize 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 tend to the legislative affairs of our City. We certainly invite you to come again. We are going to deviate somewhat from our script. We all know and love Martha Angel. And as she is about to retire, we would like to express our appreciation to her with a citation. Martha, we're really going to miss you. We really are. However, I would ask Councilman Nutter to please bring Martha up to the podium. (Sustained applause and cheers.) Stated - 12/9/04
The citation will read as follows: The Council of the City of Philadelphia hereby celebrates Martha Angel's 18 years of outstanding public service to the City of Philadelphia, and congratulates her on the occasion of her retirement.
Whereas, Martha Angel was born and raised in Philadelphia. She attended our local public schools and graduated from Roxborough High School;
Whereas, she married Joseph Angel, and together they brought up their sons Joseph and Robert in the Roxborough section of the City; and...
Whereas, Martha Angel began her employment with the City Council in January 1987 as a member of Councilwoman Joan Specter's staff;
She quickly established a reputation for providing assistance to Council members, their staff members, and the public, in a professional and timely manner. Stated - 12/9/04 In 1996 Martha was hired by then Council President John F. Street, as a receptionist in the Office of the President.
She was often the first person to greet visitors, and she made all of them feel welcome and special; and...
Whereas, in June 2000, Martha Angel was promoted to the position of Administrative Services Officer.
That through Martha's diligent efforts, the department changed its reputation from being disorganized and non-responsive, to being professional and efficient. (Laughter.) COUNCILMAN DiCICCO: Our vendors were pleased to learn that their checks truly were in the mail. (Laughter.) COUNCILMAN DiCICCO: And our Council members were relieved that the trucks carrying furniture and supplies finally arrived at City Hall; and... Stated - 12/9/04
Whereas, Martha's friends and colleagues in City Council have known her to be kind and gracious, loving and caring, knowledgeable and wise.
We will have fond memories of her each time we pass her office door and read her farewell message, gone fishing.
Now, therefore, Council hereby honors Martha Angel on the occasion of her retirement.
We wish her well, and hope that she now has the time to organize her house in Maryland.
And spend time with her husband, sons, their wives and her three grandchildren, Joseph, Julia and William.
May her love affair with travel continue to take her to many exotic ports of call. (Applause and cheers.) (Standing ovation.) Stated - 12/9/04
Just thank you. It's easy to do a good job when you have great people to work with; and you have been great people. Thank you.
Thank you. (Applause.) Council will be at ease. I think it would be nice if Council members took a photo with Martha.
Back to business. The Chair recognizes Councilwoman Blackwell, who will present a Resolution honoring Dr. June Brown. Will Dr. Brown and those accompanying her please join the Councilwoman at the podium. The noise level is really much too high. It's my understanding that Councilman DiCicco, Councilman Nutter and Councilwoman Brown will also join Councilwoman Blackwell in making the presentation.
Thank you Stated - 12/9/04 very much. It is certainly an honor to be able to honor Dr. Dorothy June Brown this morning. Many of you know but did not know that her brother was our former Fire Commissioner, Harold Hairston, and that her husband is Bill Brown who headed the MOVE Commission. So, she is from a background of leaders, and has served our City well. Also, it's happened since we prepared the citation that Dr. Brown was honored in Washington, D.C., being chosen as one of only five schools in the country to close the achievement gap. Resolution honoring Dr. Dorothy June Brown and the Laboratory Charter School of Communication and Languages for receiving the United States Department of Education's Blue Ribbon School of Excellence designation for having a hundred percent proficiency in reading and math. Whereas, Dr. Dorothy June Brown, a former teacher, principal and administrator with the Philadelphia School District, Stated - 12/9/04 originally envisioned a school that would offer a demanding and rich program for students; And whereas, in 1998 she founded the Laboratory Charter School of Communication and Languages, with campuses both in West Philadelphia and Northern Liberties; and... COUNCILMAN DiCICCO: Whereas, Laboratory Charter School is the only charter school in Pennsylvania that has completed the rigorous process to earn accreditation from the Middle States Commission on Elementary Schools; And whereas, the schools fifth grade students scored among the state's top four schools in reading and math, and the eighth graders were first in the state in reading and math; Whereas, only one other school in the region was in the running for the blue ribbon recognition, with only six schools in the state receiving that designation; and...
Whereas, the school uses a structured reading and writing Stated - 12/9/04 program that begins in kindergarten and spills into all subjects, by including even the youngest pupils to work together as a class with their teachers on writing projects; And whereas, this Council recognizes that teachers and parents credit Brown with developing an academic program and environment that encourages students to succeed; And whereas, several publications have further honored Dr. Brown by acknowledging this designation. And most recently Dr. Brown was quoted as saying that the recognition is a reflection of the dedicated teachers, administrators and parents, who understand that we have standards to be met. She further states that if given the opportunity children, no matter what their economic, social or ethnic background, can excel. Now, therefore...
Resolved by the Stated - 12/9/04 City Council of the City of Philadelphia that we hereby honor Dr. Dorothy June Brown and the Laboratory Charter School of Communication and Languages for receiving the United States Department of Education's Blue Ribbon School of Excellence designation for having 100 percent proficiency in reading and math. Further resolved that an engrossed copy of this Resolution be presented to Dr. Brown as a symbol of this legislative body's gratitude for her leadership and service in education. Signed by our President, Anna C. Verna, introduced by Council Persons Jannie Blackwell, Richard Mariano and Blondell Reynolds Brown, sponsored by all members of the Philadelphia City Council. (Applause.)
Thank you so very much. This is indeed an honor for me and for our children. Stated - 12/9/04 I think my greatest accomplishment is that I have been able to select a staff that believes in children, and I think our accomplishments show that if you believe it can happen, it can happen. Our children have worked exceedingly hard. And it is very difficult, because which get children at different grade levels. The average youngster that comes to us in fifth or sixth grade is really operating at a second or third grade level. And it makes is extremely difficult. But we have struggled hard. And we don't have a single child in our school designated as special ed because they are all special to us. So, our children have done well. To the extent that our eighth graders, when they exit our program, for the last two years over 20 percent of them have been offered scholarships in some of the finest private schools that we have in this area. So, I thank you so much for Stated - 12/9/04 recognizing our students and for recognizing me. It means a lot. And I'll take this citation back. We will frame it. And I think it will serve to motivate more parents and more children, because it is a very difficult job. And we appreciate your recognition. (Applause.)
Council will be at ease. The next order of business is communications. The Chair requests that the sergeant-at-arms deliver the message from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
Thank you. Does the Chief Clerk have any other communication in her possession?
Thank you. The next order of business is the introduction of Bills and Resolutions. The Chair recognizes Councilwoman Blackwell for a motion, please.
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. UNIDENTIFIED COUNCIL MEMBER: Second.
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 indicate by saying aye. (Chorus of "ayes.")
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. I have no Bills or Resolutions today.
Thank you, Madam President. I have no bills or Resolutions today.
Thank you. The Chair recognizes Councilwoman Stated - 12/9/04 Krajewski.
The Chief Clerk will please read the title of the Bill.
An Ordinance amending Chapter 10-700 of The Philadelphia Code, entitled, Refuse and Littering, by increasing the fines and penalties for the dumping of debris, providing for the forfeiture of property used in such dumping, and making certain technical changes.
The Bill will be referred to the appropriate Committee. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one privileged Resolution which I'd like to speak on.
Thank you. The Clerk will please read the title of the Resolution.
A resolution honoring Stated - 12/9/04 the campaign for working families for assisting low and moderate income Philadelphians through their work and promotion of the Federal Earned Income Tax Credit.
Move the Resolution. UNIDENTIFIED COUNCIL PERSON: Second.
Thank you. I think all of my colleagues will basically support this Resolution, but I'd just like to recognize Jean Hunt, who is the Campaign Executive Director for the Campaign for Working Families. And as we move to the new year, we want our families in Philadelphia to know that low income families traditionally have used commercial tax preparers. And then they get these rapid refund anticipation loans Stated - 12/9/04 which takes the money out of their returns. So what we're asking them to do is to use the free tax preparers in the City who will not charge them to file their income tax. And we also ask them to... They can go on the web site and get the locations of where these free locations will be or they can call 215-686-2599. In addition to that, the campaign is looking for volunteers to work and to prepare these tax returns. And we encourage them to volunteer. And they can do that also by contacting 665-2544. And we thank the Daily News for their editorial on this program which is so worthwhile, and it keeps our people from further being preyed upon by predatory lenders. Thank you.
Thank you. It has been moved and properly seconded that the Resolution be adopted. All in favor will indicate by saying aye. Stated - 12/9/04 (Chorus of "ayes.")
The ayes have it, and the Resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have no Bills or Resolutions.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I offer one Bill on behalf of myself and Councilwoman Blackwell, and one Resolution signed by all members of Council.
The Clerk will please read the title of the Bill.
An Ordinance Stated - 12/9/04 consenting to the transfer of control of Area Two Cable Television Franchise from the Urban Cable Works of Pennsylvania to Time Warner Cable, and to the transfer and assignment of the Area Two Cable Television Franchise from Urban Cable Works of Philadelphia to Time Warner Cable.
The Bill will be referred to the appropriate Committee.
And a Resolution commending the Civil Trial Division of the Philadelphia Court of Common Pleas for being ranked the best trial court of any major urban court in the country.
Thank you, Madam President. I move the adoption of the Resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has Stated - 12/9/04 been moved and properly seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the Resolution is adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no Bills or Resolutions today.
Thank you. The Chair recognizes Councilman Goode.
The Chief Clerk will please read the title of the Bill. Stated - 12/9/04
An Ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled Business Privilege Taxes, by providing for the calculation of the credit against Net Profits Tax based upon the net income tax liability where a credit is received against net income tax for contributions to Community Development Corporations undertaking economic development activities within the City of Philadelphia.
The Bill will be referred to the appropriate Committee. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I have no Bills or Resolutions today.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Stated - 12/9/04 I offer one Resolution.
The Clerk will please read the title of the Resolution
A Resolution urging the Congress of the United States to provide for a domestic energy policy that ensures an affordable supply of natural gas and embraces a concerted national effort to promote greater energy efficiency and environmentally responsible natural gas production.
Again, the Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the Resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the regulation be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.") Stated - 12/9/04
The ayes have it, and the Resolution is adopted. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have two Resolutions, and I'd like to speak briefly on one.
A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 14th, 16th, 18th, 20th, 28th, 29th and 32nd Ward to the City of Philadelphia.
The Chair recognizes Councilman Clarke. Stated - 12/9/04
It has been moved and properly seconded that the Resolution be adopted. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the Resolution is adopted.
And a Resolution requesting City Council to appoint a City Council development consultant for the Neighborhood Transformation Initiative, pursuant to Section 7 of Bill Number 010694.
Thank you, Madam President. Madam President, although the NTI program is winding down into its final Stated - 12/9/04 stages, particularly as it relates to the resources available, i.e., the bond proceeds, there continues to be some concerns raised by members in the communities, as it relates to acquisitions, individuals making sure that they get a fair and equitable amount for their properties that are being acquired through condemnation; and also there continues to be issues as it relates to relocation. Having talked to a number of residents, there are some concerns that although the Redevelopment Authority is given that responsibility, the reality is the Redevelopment Authority also is working to clear land and prepare for development. So, in some individuals' minds there appears to be somewhat of a conflict of interest. So, my concern, along with a number of members that I've talked to, is that we have an independent individual assist people who find themselves being involved in this relocation, acquisition and condemnation process having an outside source to provide Stated - 12/9/04 the appropriate assistance to those individuals, and make sure that they get market value for their properties, and make sure that they are treated fairly, as it relates to relocation. So I move for the adoption of this Resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the Resolution is adopted. The Chair recognizes Councilman Kelly.
Madam President, I have no Bills or Resolutions today. Stated - 12/9/04
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is the reports from Committees. The Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out three bills 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 of the Whole Council Stated - 12/9/04 to which was referred Bill Number 041039, entitled, An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire by purchase the properties located at 314 North 19th Street to 1939-45 Carlton Street; and Bill Number 041040, entitled, An ordinance authorizing revision of lines and grades and on a portion of City Plan Number 63 by striking from the City Plan and vacating Carlton Street from 20th Street; and Bill Number 041041, entitled, An ordinance authorizing the Commissioner of Public Property and Director of Commerce on behalf of the City of Philadelphia to enter into a ground lease agreement, the library ground lease, respectfully reports it has considered and amended the same, and returned the attached Bills to Council with a favorable recommendation.
Thank you, Madam President. Stated - 12/9/04 I move that the rules of Council be suspended so as to permit first reading this day of Bill Number 041039, 041040, and 041041. UNIDENTIFIED COUNCIL MEMBER: Second.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 041039, 041040, and 041041. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it and the Bills just read will be placed on today's first reading calendar. The Chair recognizes Councilman Clarke for a report on the Committee on Rules.
Thank you, Madam Stated - 12/9/04 President. The Committee on Rules reports five Bills with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia: The Committee on Rules to which was referred Bill Number 040780, 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 Frankford Creek and Frankford Avenue; and Bill Number 040868 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 Rhawn Street and the Roosevelt Boulevard; and Bill Number 040937 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 the Delaware River and Spring Garden Street; and Stated - 12/9/04 Bill Number 040972, 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 14-1629 entitled, Yorktown Special District Controls; and Bill Number 040999 entitled, An ordinance amending Title 14 of The Philadelphia Code entitled, Zoning and Planning, by deleting and no longer permitting the preparation and retail sale of food for consumption off premises; respectfully reports it has considered and amended the same, and returns the attached Bills to Council with a favorable recommendation.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bills 040780, 040868, 040937, 040972 and 040999.
It has Stated - 12/9/04 been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 040780, 040868, 040937, 040972 and 040999. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the Bills just read will be placed on today's first reading calendar. The Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out three bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and Stated - 12/9/04 members of the Council of the City of Philadelphia, the Committee on Finance to which is referred Bill 040935 entitled, An ordinance amending Section 10-1001 of The Philadelphia Code, relating to fees of Commissioner of Records, to increase the fees for recording documents; and Bill Number 041001 entitled, An ordinance amending Section 19-203 of The Philadelphia Code, entitled, Payroll deductions through Financial Integrity Resources Management; and Bill Number 041042 entitled, An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of Budget, Commonwealth of Pennsylvania, under the Redevelopment Assistance Capital Program, all under certain terms and conditions, respectfully reports it has considered the same, and returns the attached Bills to Council with a favorable recommendation.
Again, the Chair recognizes Councilwoman Blackwell.
Thank you, Stated - 12/9/04 Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Number 040935, 041001, and 041042. UNIDENTIFIED COUNCIL MEMBER: Second.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 040935, 041001, and 041042. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the Bills just read will be placed on today's first reading calendar. The Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services. Stated - 12/9/04 COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports out 24 bills 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 Streets and Services to which was referred Bill Number 040853 entitled, An ordinance amending Section 9-204 of The Philadelphia Code, relating to sidewalk vendors in City Center, all under certain terms and conditions; and Bill Number 040866 entitled, An ordinance amending Section 9-205 of The Philadelphia Code entitled, Sidewalk sales by prohibiting vending within an area bounded by 65th Street and Elmwood Avenue; and Bill Number 040867, entitled, An Ordinance establishing a one-way regulation on Guilford Street from Sackett Street to Hawthorne Street; and Bill Number Stated - 12/9/04 040875 entitled, An ordinance amending Section 2 of an Ordinance, Bill Number 030347, approved July 31, 2003, by extending the period for compliance with the authorization conditions therein; and Bill Number 040905 entitled, An ordinance amending Section 2 of an Ordinance, Bill Number 020252, approved May 29, 2002, by extending the period for compliance with the authorization conditions therein; and Bill Number 040917 entitled, An ordinance amending Section 2 of an ordinance, Bill Number 020430, approved November 13, 2002, by extending the period for compliance with the authorization conditions therein; and Bill Number 040918 entitled, An ordinance amending Section 2 of an ordinance, Bill Number 010713, approved April 17, 2002, by extending the time for compliance with the conditions stated therein; and Bill Number 040919 entitled, An ordinance amending Section 4 of an Ordinance, Bill Number 010381, approved June 14, 2001, by extending the period for compliance with authorization conditions Stated - 12/9/04 therein; and Bill Number 040921 entitled, An ordinance granting permission to Sunesys, its successors and assigns, to construct, maintain and operate, all under certain terms and conditions; and Bill Number 040934 entitled, An ordinance authorizing John Captis, owner of the property 2601 South Coral Street, to construct and maintain a garage extension, under certain terms and conditions; and Bill Number 040938 entitled, An ordinance granting permission to Sunesys, its successors and assigns, to construct, maintain and operate, all under certain terms and conditions; and Bill Number 040939 entitled, An ordinance authorizing the installation of all-way stop signs at the intersection of Frankford Town Boulevard and Wood Streets; and Bill Number 040964 entitled, An ordinance authorizing Simon and Associates, owner of the property 315 South 45th Street, to construct a privately owned electrical transformer; and Bill Number 040965 entitled, An ordinance authorizing Children's Hospital of Philadelphia to Stated - 12/9/04 construct, own and maintain various encroachments; and Bill Number 040966 entitled, An ordinance authorizing Sunoco, Inc.
Philadelphia Refinery to install an aluminum post with siren, all under certain terms and conditions; and Bill Number 040967, entitled, An ordinance authorizing John and Danielle Alexander, 2237 Kimball Street, to construct and maintain a building addition on South 22nd Street; and Bill Number 040968 entitled, An ordinance authorizing Pennsylvania Hospital of University of Hospital Health System to provide service connections from their building to their parking garage; and Bill Number 040969 entitled, An ordinance regulating direction of movement of traffic on Philip Street from Gaskill Street to Lombard Street; and Bill Number 040970 entitled, An ordinance authorizing Phillips Lombard Street, owner and developer of Liberty Court at Society Hill, to construct, own and maintain various encroachments; and Bill Number 040971 entitled, An ordinance regulating direction Stated - 12/9/04 and movement of traffic on Gaskill Street from Third Street to Philip Street; and Bill Number 041003 entitled, An ordinance authorizing Vesuvio Restaurant, 736-38 South Eighth Street to construct, own and maintain building encroachments; and Bill Number 041004 entitled, An ordinance amending Section 9-204 of The Philadelphia Code, by prohibiting vending on both sides of 12th Street, from Chancellor Street to Walnut Street; and Bill Number 041006 entitled, An ordinance regulating the direction of movement of traffic on Moore Street from Urban Street to 19th street; and Bill Number 041007 entitled, An ordinance authorizing revision of lines and grades on a portion of City Plan Number 121, within an area bounded by Jefferson Street, 20th Street, and Oxford Street respectfully reports it has considered and amended the same, and returns the attached Bills to Council with a favorable recommendation.
The Chair again recognizes Councilman DiCicco. Stated - 12/9/04 COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading on the 24 bills that have just been read into the record.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the 24 bills just read. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the Bills will be placed on today's first reading calendar. Who has the report from Licenses & Inspections? The Chair recognizes Councilwoman Stated - 12/9/04 Krajewski, regarding a report on the Committee on Licenses and Inspections.
Madam President, the Committee on Licenses and Inspections reports two Bills out with a favorable recommendation.
To the President and members of the Council the City of Philadelphia, the Committee on Licenses and Inspections, to which was referred Bill Number 040996 entitled, An ordinance repealing Chapter 10-1200 of The Philadelphia Code entitled, posting of temporary signs; and Bill Number 040998 entitled, An ordinance amending Title 4 of subcode a, Section A-506, entitled code violation notices, all under certain terms and conditions, respectfully reports it has considered the same, and it returns the attached Bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Stated - 12/9/04 Krajewski.
Madam President, I move that rules of Council be suspended so as to permit first reading this day of Bill Number 040996 and Bill 040998. UNIDENTIFIED COUNCIL MEMBER: Second.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 040996 and 040998. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the Bills just read will be placed on today's first reading calendar. The Chair now recognizes Councilwoman Brown for a report from the Committee on Parks, Recreation and Cultural Stated - 12/9/04 Affairs.
Thank you, Madam President. The Committee on Parks, Recreation and Cultural Affairs reports two Bills 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 Parks, Recreation and Cultural Affairs, to which was referred Bill Number 041037 entitled, An Ordinance authorizing the President of Fairmount Park Commission, the Executive Director of Fairmount Park, and the Public Property Commission, on behalf of the City of Philadelphia, to enter into a ground lease with the School District of Philadelphia; and Bill Number 041038 entitled, An ordinance authorizing the Commissioner on Public Property on behalf of the City of Philadelphia to accept a deed from the School Stated - 12/9/04 District of Philadelphia for that certain parcel of land commonly known as 8730 Old Line Road, respectfully reports it has considered the same and returns the attached Bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Brown.
I move that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 041037 and 041038. UNIDENTIFIED COUNCIL MEMBER: Second.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 041037 and 041038. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the Bills just read will be placed on today's first reading calendar.
The next order of business is the consideration of the calendar. The Chief Clerk will please read the Bills on the first reading calendar.
Bill Number 041039, An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire by purchase, condemnation or other means properties located at 1939 to 1945 Carlton Street.
And Bill Number 041040, an Ordinance authorizing revision of lines and grades on a portion of City Plan Number 63, all under certain terms and conditions.
And Bill Number 041041, an Ordinance authorizing the Commissioner of Public Property and the Director of Commerce, on behalf of the City of Philadelphia, to enter into a ground lease agreement, the library ground lease, with the Philadelphia Authority for Industrial Development.
And Bill Number 040780, an Ordinance to amend The Philadelphia Zoning Maps by changing zoning designations of certain areas of land located within an area bounded by Frankford Creek and Frankford Avenue.
And Bill Number 040868, an Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Rhawn Stated - 12/9/04 Street and the Roosevelt Boulevard.
And Bill Number 040937, an Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located by the Delaware River and the Spring Garden Street.
And Bill Number 040972, an Ordinance amending Title 14 of The Philadelphia Code relating to zoning and planning, by amending Chapter 14-1600 entitled, Miscellaneous, all under certain terms and conditions.
And Bill Number 040999, an Ordinance amending Title 14 of The Philadelphia Code entitled, Zoning and Planning, by deleting and no longer permitting the preparation and retail sale of Stated - 12/9/04 food for consumption off premises, all under certain terms and conditions.
And Bill Number 040935, an Ordinance amending Section 10-1001 of The Philadelphia Code, relating to fees of Commissioner of Records.
And Bill Number 041001, an Ordinance amending Section 19-203 of The Philadelphia Code entitled, Payroll deductions, all under certain terms and conditions.
And Bill Number 041042, an Ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, under the Redevelopment Assistance Capital Program. Stated - 12/9/04
And Bill Number 040853, an Ordinance amending Section 9-204 of The Philadelphia Code, relating to sidewalk vendors in Center City.
And Bill Number 040866, an Ordinance amending Section 9-205 of The Philadelphia Code entitled, Sidewalk sales, by prohibiting vending within an area bounded by 65th Street and Elmwood Avenue.
And Bill Number 040867, an Ordinance establishing a one-way regulation on Guilford Street from Sackett Street to Hawthorne Street.
And Bill Number 040875, an Ordinance amending Section 2 of an Ordinance, Bill Number 030347, approved July Stated - 12/9/04 31, 2003, by extending the period for compliance with the authorization conditions therein.
And Bill Number 040905, an Ordinance amending Section 2 of an Ordinance, Bill Number 020252, approved May 29, 2002, by extending the period for compliance with the authorization conditions therein.
And Bill Number 040917, an Ordinance amending Section 2 of an Ordinance, Bill Number 020430, approved November 13, 2002, by extending the period for compliance with the authorization conditions therein.
And Bill Number 040918, an Ordinance amending Section 2 of an Ordinance, Bill Number 010713, approved April Stated - 12/9/04 17, 2002, by extending the time for compliance with the conditions stated therein.
And Bill Number 040919, an Ordinance amending Section 4 of an Ordinance, Bill Number 010381, approved June 14, 2001, by extending the period for compliance with authorization conditions therein.
And Bill Number 040921, an Ordinance granting permission to Sunesys, its successors and assigns to construct and maintain and operate, all under certain terms and conditions.
And Bill Number 040934, an Ordinance authorizing John Captis, 1407 Melrose Avenue, to construct and maintain a garage extension, under certain Stated - 12/9/04 terms and conditions.
And Bill Number 040938, an Ordinance granting permission to Sunesys, its successors and assigns, to construct, maintain and operate, all under certain terms and conditions.
And Bill Number 040939, an Ordinance authorizing the installation of all-way stop signs at the intersection of Frankford Town Boulevard and Wood Street.
And Bill Number 040964, an Ordinance authorizing Simon Associates, owner of the property 315 South 45th Street, to construct a privately-owned electric reformer volt on the north footway of Pine Street.
And Bill Number 040965, an Ordinance authorizing Children's Hospital of Philadelphia to construct, own and maintain various encroachments.
And Bill Number 040966, an Ordinance authorizing Sunoco Philadelphia Refinery to install an aluminum post with siren, all under certain terms and conditions.
And Bill Number 040967, an Ordinance authorizing John and Danielle Alexander, 2237 Kimball Street, to construct and maintain a building addition on South 22nd Street.
And Bill Number 040968, an Ordinance authorizing Pennsylvania Hospital, the University of Pennsylvania Stated - 12/9/04 Health System, to provide service connection from their building to their parking garage.
And Bill Number 040969, an Ordinance relating to the direction of movement of traffic on Philip Street from Gaskill Street to Lombard Street southbound.
And Bill Number 040970, an Ordinance authorizing Phillips Lombard Street to construct, own and maintain various encroachments, to be installed in conjunction with the residential development and cease gate project.
And Bill Number 040971, an Ordinance regulating the movement of traffic on Gaskill Street, from Third Street to Philip Street.
And Bill Number 041003, an Ordinance authorizing Vesuvio Restaurant and Bar, 736-38 South Eighth Street, to construct, own and maintain building encroachments.
And Bill Number 041004, an Ordinance amending Section 9-204 of The Philadelphia Code, by prohibiting vending on both sides of 12th Street, from Chancellor Street to Walnut Street.
And Bill Number 041006, an Ordinance regulating the direction of movement of traffic on Moore Street from Urban Street to 19th Street.
And Bill Number 041007, an Ordinance authorizing revision of lines and grades on a portion of City Plan Stated - 12/9/04 Number 121, within an area bounded by Jefferson Street and 20th Street.
And Bill Number 040996, an Ordinance repealing Chapter 10-1200 of The Philadelphia Code entitled, posting of temporary signs.
And Bill Number 040998, an Ordinance amending Title 4, subcode a, to make conforming changes, all under certain terms and conditions.
And Bill Number 041037, an Ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park, and the Public Property Commission, all under certain terms and conditions.
And Bill Number 041038, an Ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to accept a deed from the School District of Philadelphia for that certain parcel of land commonly known as 8730 Old Line Road.
The Chair agrees. May I see the Chief Clerk at sidebar, please. (Discussion held off the record.)
That concludes the first reading calendar. The Chair at this time recognizes Councilwoman Blackwell for the purpose of calling Bills for the second reading and final passage calendar to be considered today.
Thank you, Madam President. Today Bill Number 040113-A and 040788-A are to be amended. Bill Number 040759, 040872, 040994, Stated - 12/9/04 040134, 040869, 70, 71, and 040907 are being called up for second reading and final passage. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill Number 040113-A.
An Ordinance amending Chapter 10-800 of The Philadelphia Code entitled, safety, by adding a new Section 10-832 entitled, firearms tracing, to require that the City of Philadelphia Police Department conduct traces of firearms illegally possessed by anyone under 21 years of age, all under certain terms and conditions.
Councilman Clarke, it's my understanding you have an amendment on this Bill?
Councilwoman Stated - 12/9/04 Miller is actually going to offer the amendment.
Oh. Fine. I'm sorry. I think you had indicated to me you had the amendment.
Thank you, Madam President. I really didn't realize you had already moved to the calendar. I'm very sorry. I do have an amendment to Bill Number -- a technical amendment to Bill Number 040113. And copies of the amendment have been circulated. And I actually just need people to vote on the amendment today.
They were circulated. It's actually just deleting the... under Section 10-832, firearms tracing, Item Stated - 12/9/04 A, it deletes the age of a person. It takes out persons under 21. And that is actually what the amendment is. It doesn't deal with anything else in the Bill, and it takes the age requirement out.
Out. All right. Are you moving for the adoption?
I'm moving for the adoption of this amendment. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and seconded that the amendment be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the Bill has been amended. Stated - 12/9/04 The Chief clerk will please read the Title of Bill Number 040788-A.
An ordinance amending Chapter 9-600 of The Philadelphia Code entitled, service businesses, by adding a new section regulating the hours of operation of commercial establishments located on residential blocks, and providing for penalties, all under certain terms and conditions.
Thank you, Madam President. Madam President, in my continued quest to put members and businesses at a comfort level, we offer the last and final amendment to this particular Bill. This amendment addresses a number of locations that although they qualify as 80 percent residential, based on a number of addresses on the block, geographically the block is the majority of commercial. One in particular, as an example, is Stated - 12/9/04 at 23rd and Fairmount, where there were three establishments, commercial establishments, that encompassed more than 50 percent of the block. And recently there were some homes built on that block. And technically, based on the Bill as written, it would fall within the 80 percent number. But that's not the intent of the Bill, whereas the majority of the block is commercial. So we are amending that to reflect, and those amendments have been circulated, whereas a block has 50 percent or more of commercial, they will not fall within the purview of this particular Bill. And hopefully that is my last and final amendment, and we will get this passed next week, and then we... So I offer it. Make a motion for approval of the amendment as circulated and as just read into the record. UNIDENTIFIED COUNCIL MEMBER: Second. Stated - 12/9/04
It has been moved and seconded that the amendment be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the amendment is adopted. The Chief Clerk will please read the title of Bill Number 040759.
An Ordinance amending Chapter 20-300 of The Philadelphia Code, by changing the annual salaries of the members of the Board of Revision of Taxes, and members of the Board of Viewers, all under certain terms and conditions.
Thank you. 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 Stated - 12/9/04 roll.
Aye. Ayes are 16; the nays are zero. The majority of all members having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill Number 040872.
An Ordinance authorizing transfers and appropriation for Fiscal Year 2005 within the General Fund from the Council to the Director of Finance.
This Bill having been read on two different days, the Stated - 12/9/04 question now is, shall the Bill pass finally. The Chair recognizes Councilman Ramos.
Thank you, Madam Chair. I want to take this opportunity to thank all the members of Council for being so diligent and making sure that this core scholarship program was implemented, and that it helped the young people of this City moving onto college. Now I want to acknowledge Councilwoman Blondell Reynolds Brown, who came to me early December of last year. I was not a member of this Council yet. I had just won the election in November, and she had me sign this paper. And I said, what's this about? And she said, well, this is a scholarship program that Congressman Fattah and the Mayor agreed upon; and it's their dream to extend scholarships to our children. Here. Will you sign off on it? So, I want to thank you. I really Stated - 12/9/04 didn't understand a whole lot what was going on, but I got a taste of City Council before I was sworn in. Also, that here with us today, I want to recognize a lady that has come to City Hall for the very first time. Would you please stand up? Jacqueline Watson. Jacqueline is the mother of Aaron -you can stand up, Jacqi -- mother of Aaron Watson, a graduate this past June of Kensington High School. And he is a recipient of the Last Dollar Scholarship. And he's at Bloomsburg University. And she... I only met her this morning. She e-mailed me, and wanted to know when we were going to pay for the bill. So you're here today to witness, hopefully, the paying -- The check will be in the mail, I am told, by Christmas time. Thank you, Madam Chair.
Thank you. This Bill having been read on two different days, the question now is, shall Stated - 12/9/04 the Bill pass finally. The Chief Clerk will please call the roll. I'm sorry. Councilwoman Brown, did you want to be recognized?
Please. I thank you, Madam President. I simply want to thank Councilman Juan Ramos for the mention, but also add that the insight that was provided by colleagues Councilman Jim Kenney, Councilman O'Neill and Councilwoman Krajewski, the issues they raised I believe were legitimate, and I believe that it was Councilman Juan Ramos's diplomacy and him serving as a bridge and facilitator, moving us to where we now believe we got it right. And when I look at the listing of all the schools represented across the City, and universities and colleges represented across the state, we're well on our way to making Core Scholarship what it was designed initially to be. And then finally, I'd be remiss to not acknowledge both Jackie Barnett and Debra Stated - 12/9/04 Kahn, who worked closely with my office, and with Councilman Juan Ramos, in helping us to get it right for every single young person across the City of Philadelphia. So, if they would be recognized. (Applause.) The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the Bill passes. The next Bill to be called for Stated - 12/9/04 consideration is Bill Number 040994.
An Ordinance authorizing transfers and appropriation for Fiscal Year 2004 within the General Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.
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. Stated - 12/9/04 The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the Bill passes. Would ask the clerk to please read the title of Bill Number 040134.
An Ordinance amending Title 4 of The Philadelphia Code entitled, The Philadelphia Building Construction Occupancy Code, by adding the East Passyunk Business Improvement District, 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 Chief Clerk will please call the roll.
Councilman DiCicco. Stated - 12/9/04 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. Next Bill to be called for consideration is Bill Number 040869.
An Ordinance amending Section 9-601 of The Philadelphia Code entitled, garages, parking lots, and sales showrooms, and making certain technical changes, 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 Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the Bill passes. Bill Number 040870.
An ordinance repealing Section 10-813 of The Philadelphia Code entitled, swimming pools, to include provisions for the safety and maintenance of swimming pools and enforcement of same, under certain terms and conditions.
This Bill being 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 16; the nays are zero. A majority of all members having voted in the affirmative, the Bill passes. The next bill to be called for consideration is Bill Number 040871.
An ordinance amending Section 9-703 of The Philadelphia Code entitled, dance halls, and changing the name of the license to a special assembly occupancy license, all under certain terms and conditions.
This Bill having been read on two different days, the Stated - 12/9/04 question now is, shall the Bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, this Bill passes. The final Bill to be called for consideration is Bill Number 040907.
An Ordinance amending Section 9-618 of The Philadelphia Code entitled, sale of spray paint containers, indelible markers and etching acid, all under Stated - 12/9/04 certain terms and conditions.
This Bill being 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 16; the nays are zero. A majority of all members having voted in the affirmative, the Bill passes. That concludes our calendar today. Are there speeches on the part of the minority? Stated - 12/9/04 (No response.)
Thank you, Madam President. I'll be brief. Madam President, I made some comments last week with regard to the excessive deaf and dumb violence in the City regarding young people under the age of 18, and read a long list, based on information I had received from the Police Department, of 28 people who had suffered in that fatal way. Unfortunately mistakenly, Madam President, there was a name not on that list. The family members, coincidentally, for that young man were here last week, and they were also here earlier today. I think they left. I just want to make sure that the record is complete, and also give them their due respect and consideration. They are still looking for the killer of their family member. On September Stated - 12/9/04 28, 2004, Adam Hammer, 17 years old, white male, was killed by gunshot wound, and the weapon was a handgun. And I just wanted to recognize that person, and make sure that the record is complete. The tragedies continue, and we have our continued responsibility. Thank you, Madam President.
You're welcome. Are there any other 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, December the 16th, 10:00 a.m. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and seconded that Council stand Stated - 12/9/04 adjourned until Thursday, December the 16th, at 10:00 a.m. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and Council will stand adjourned until Thursday, December 16th. Thank you. (Deposition concluded at 12:25 p.m.) Stated - 12/9/04 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the stated hearing of The Philadelphia City Council, taken on December 9, 2004, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (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.)