COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 20, 2007 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN CAROL ANN CAMPBELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILMAN DANIEL SAVAGE COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Father Joseph Howarth, Pastor of the Church of the Resurrection of our Lord. He is here today as the guest of Councilman Savage. I would ask all members and guests to please rise. (Everyone rises.)
I received a card yesterday from an anonymous parishioner. Yesterday the bathroom in the third floor of the school had a severe leakage going into the second floor. One of the doors in the church was swinging precariously and other things were going on. And so at the end day, a card came and it said, I said a prayer for you today, Father, because I saw what was coming your way and I did not know what more God had in store for you. The simplicity of that card struck my heart, to know that somebody would say a prayer for me. And so, dear members of this august Council who represent our beloved Philadelphia, our neighborhoods where we live, where we grow, where we believe, I say this prayer for you today. It is from my heart to your heart. It is a simple prayer, but I think it will guide you on your way. This is a prayer I've learned as a student at North Catholic High School. It's called a Direction of Intention. I think it is most apt as you begin your deliberations this day. I pray: My God, we do give you these Councilmembers. Please give them the grace to conduct themselves during these sessions in a manner that is most you. May God be blessed. There, I said a prayer for you today. Say one for me. I need them.
Thank you so much, Father. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, June 14, 2007, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, June 14, 2007 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, June 14, 2007 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal of the meeting of Thursday, June 14, 2007 is approved. The next order of business is requests for leave of absence and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the majority, a leave of absence is requested for Councilman Juan Ramos.
Thank you. Leave will be granted. At this time, the Chair recognizes Councilman O'Neill.
Madam President, at this time there are no requests for leave of absence on behalf of the republicans.
The Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilwoman Blackwell, who will be presenting a resolution honoring the Philadelphia Boys Choir on their 40th anniversary season. Will Mr. Donahue Bailey and the Boys Choir please join the Councilwoman at the podium. Boys, please come up to the podium. It's my understanding that Councilwoman Brown will be joining Councilwoman Blackwell.
All who are with you can come forward. Madam President, this gives me a great honor and pleasure to make this presentation for the wonderful Philadelphia Boys Choir and Chorale on its 40th anniversary season, and we note that we are proud it is located in the heart of the Third Councilmanic District. Whereas, the Philadelphia Boys Choir was founded by Dr. Robert G. Hamilton in 1968 and continued to grow steadily in size and quality during the 1970s and the 1980s; and Whereas, the Choir provides the finest musical training to talented boys and men from the greater Philadelphia area regardless of their ethnic, religious or economic backgrounds; and Whereas, the Choir strives to help each boy achieve artistic excellence, strength of character, self-discipline and focus through rehearsal and performance of music; and Whereas, past members of the Choir include KYW TV anchorman Ukee Washington, Joe Bonsall of the country music group of the Oak Ridge Boys and Shawn Stockman of the R&B group Boys II Men. And as I pass this over to my colleague to finish reading, I want to let you know that Odette Harris from William Penn has a grandson who is part of this, and he and his father, David Harris, who worked for Councilman Clarke, are likewise here and we welcome them.
Whereas, the performing Choir numbers over 90 boys and 30 men; and Whereas, the Choir represents the United States and Philadelphia throughout the world as "America's Ambassadors of Song"; and Whereas, the Choir's achievements include world tours with performances for heads of state, recordings with international renowned critics and audiences worldwide; and Whereas, under the artistic direction of Jeffrey R. Smith and John B. Stroud, Jr., the Choir performs more than 60 concerts each year throughout the Philadelphia region, including 25 performances of the Nutcracker with the Pennsylvania Ballet. Now therefore resolved, that the Council of the City of Philadelphia honors and congratulates the Philadelphia Boys Choir and Chorale on its 40th anniversary season; and Further resolved, that an engrossed copy of this resolution be presented to the Choir as a sincere expression of City Council's gratitude and appreciation for the Choir's enormous contributions to our city. Certification, this is a true and correct copy of the original resolution, adopted by the Council on the 20th day of September 2007. Introduced Councilperson, Councilwoman Jannie Blackwell, signed by President Verna and sponsored by all of the members of the Philadelphia City Council. Congratulations. (Applause.)
Madam President, all of us have worked with Bill Jones, anybody who has been around for a few years, and we certainly want to give a special welcome to him and let him know how great it is to see him working with such a wonderful organization. Thank you, Bill.
Madam Chair, our Council lady Jannie Blackwell, City Council, friends, boys and girls, good morning. (Good morning.)
On behalf of the Board of the Philadelphia Boys Choir and the Choir and Chorale, we humbly thank you this morning for this proclamation that addresses our 40th year to continue serving the City of Philadelphia as "Ambassadors of Song" worldwide and also here in the City of Philadelphia. Thank you very much. (Applause.)
I believe we're going to have the pleasure of hearing the all boys choir sing a song or two. (Philadelphia Boys Choir singing.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Chief Clerk. please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on June 15th, June 22nd, July 3rd, July 31st, August 16th, September 5th and September 20th, 2007 I signed all of the bills that were passed by Council at its session on June 7, 2007 and June 14, 2007, except Bill No. 070342, which I am returning to you as disapproved, and Bill Nos. 070189, 070268 and 070394; and I am transmitting herewith for the introduction and consideration of your honorable body five resolutions reappointing current members to the Board of Directors of the South Street/Headhouse District of Philadelphia; namely, Abner Silver, Michael Samschick, Ann Verber, John Finley and Noah Webster; and Eleven resolutions appointing members to the Board of Directors of the Philadelphia; namely, Nigel Richards, Jose Pumarada, Michael Untermeyer, Tim Krug, Donna Pancoast, William Barton, Joette Adams, Kali Morgan, Howard Lander, Daniel Doyle and Marolyn Bailey; and An ordinance authorizing the issuance of one or more series of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of the City of Philadelphia; and An ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes; and An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adding a new Section 14-1632, entitled "Convention Center Expansion Area Special District Controls," under certain terms and conditions; and I am returning herewith as disapproved Bill No. 070342 passed by Council on June 14, 2007.
Thank you. The messages will be printed in the Journal. Does the Chief Clerk have any other communications in her possession?
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion. Is Councilwoman Blackwell in the room? (No response.)
The Chair recognizes Councilwoman Tasco for a motion regarding the introduction of bills and resolutions, please.
Madam President, I move that the rules of Council be suspended so as to allow the vote on the resolutions as they come up.
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two bills and three resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance enacting a new Chapter 9-3100 of The Philadelphia Code, entitled "Food Service Waste Reduction Ordinance," to prohibit the use of disposable food service ware that contains polystyrene foam and to require the use of biodegradable/compostable or recyclable disposable food service.
The bill will be referred to the appropriate committee.
And an ordinance enacting a new Chapter 9-3200 of The Philadelphia Code, entitled "Shipping and Packaging Waste Reduction Ordinance," to prohibit the use of disposable packaging materials that contain polystyrene foam and to require the use of biodegradable/compostable or recyclable disposable packaging.
This bill will be referred to the appropriate committee.
And a resolution recognizing Eden Cemetery, America's oldest African-American public cemetery company, located in Collingdale, Pennsylvania.
The Chair recognizes Councilman Kenney for a motion on the resolution.
I move 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 the Environment to hold public hearings to investigate the feasibility of the City of Philadelphia investing in wind energy for municipal operations and community energy needs.
I move 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 will be referred to the Committee on the Environment.
And a resolution authorizing the Committee on Legislative Oversight to hold public hearings on the Commonwealth's regulations pertaining to the sale and use of consumer fireworks in Philadelphia and to discuss pending legislation in the Pennsylvania General Assembly.
I move 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 will be referred to the Legislative Oversight Committee. At this time, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce seven bills and two resolutions. Thank you.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the issuance of one or more series of general obligation bonds.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 14-1600 of The Philadelphia Code by adding a new section entitled "30th Street Special Controls District."
The bill will be referred to the appropriate committee.
And an ordinance authorizing Brandywine Cira South, owner and developer of the Cira Centre South, to construct, own and maintain various encroachments to be installed in conjunction with a mixed-use development.
The bill will be referred to the appropriate committee.
And an ordinance establishing a no parking regulation on 30th Street between Market and Walnut Street.
This 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 30th Street, Chestnut Street, Schuylkill Avenue and Walnut Street.
The bill will be referred to the appropriate committee.
And an ordinance regulating the direction of movement of traffic on 30th Street between Market Street to Walnut Street.
The bill will be referred to the appropriate committee.
And a resolution approving Drexel University's proposed amendment to the Institutional Development District Master Plan.
The Chair recognizes Councilwoman Blackwell for a motion on the resolution.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution honoring and congratulating the Philadelphia Boys Choir and Chorale on its 40th anniversary season.
The Chair again recognizes Councilwoman Blackwell.
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 noise level is really much too high. Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have four resolutions and one resolution sponsored by yourself and myself and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 10-1200 of The Philadelphia Code, entitled "Posting of Signs," by authorizing a single code violation notice to be issued for multiple sign violations by the same person.
The bill will be referred to the appropriate committee.
And a resolution honoring Sister Roberta Archibald on her Golden Jubilee as a member of the Sisters of St. Joseph and for her dedicated service and commitment to the Christian principles of faith, hope and charity.
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.)
And a resolution recognizing September 2007 as Childhood Cancer Awareness Month in honor of childhood cancer patients, caregivers, survivors and those children who have succumbed to the disease.
Madam President, I also would like to acknowledge that Councilwoman Miller is the co-sponsor of that resolution. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution honoring the memory of General Friedrich Wilhelm von Steuben and designating the area of Frankford Avenue from Welsh Road to Knorr Street as "Steuben Strasse" in celebration of the 36th Annual Steuben Day Parade to be held Saturday, September 22, 2007.
Again, the Chair recognizes Councilwoman Krajewski.
I move 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.)
And a resolution calling on the Environmental Protection Agency to act on the complete removal and off-site disposal of the Franklin Slag Pile Superfund site located at the Bridesburg/Port Richmond Delaware Riverfront.
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 Tasco. Is she in the room?
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance granting permission to The Ivy Hill Cemetery Company to expand their cemetery or place of burial located at 1201 Easton Road.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund from the Council to the Mayor Office of Housing and Community Development.
This bill will be referred to the appropriate committee.
And a resolution calling on the U.S. Department of Justice to monitor the Jena 6 litigation.
Madam President, I'd like to speak on the resolution.
Today thousands of individuals will converge on Jena, Louisiana to protest the actions that have taken place there relative to some young men who have been charged with attempted murder and other charges based on racial incidents in Jena, Louisiana. The resolution spells out the facts as we know it that took place in that city. And I won't go and speak to those facts. The point I want to make today is that the Jena 6 will serve as a reminder to all of us of the importance of participating in the electoral process. These prosecutors throughout the United States are elected. Our young people and a lot of people in our country do not vote or think it's important to vote and to particularly vote in local elections. Dr. Martin Luther King, Medgar Evers, Viola Liuzzo, Chaney, Goodman and Schwarner all died because they fought for the rights, the civil rights, and justice for all. And Dr. King knew the importance of participating in the political process, and because racism existed, because African-Americans were not allowed to vote, their voice was not heard. And had they had an opportunity to vote, maybe the leadership in some of the cities would have prevented some of the racial tension that existed in the '60s and prior to the '60s. So we still have a long way to go in these United States to overcome racism, sexism and all the "isms," but I call on all of us to know the importance of participating in the electoral process, to elect those people who stand for fairness, who stand for justice and stand for people's civil rights. And when the establishment thinks or might believe that we are not paying attention, sometimes there are individuals who get elected that should not get elected to these positions. And just like in Durham, North Carolina where that prosecutor ran amuck and charged those young men and with hell evidence, he was unfair and he was political. So it's just not black and white. It's about people and them having the right to fairness. So we hope today that in Jena that fairness and justice will prevail, and I ask my colleagues to vote on this resolution calling on the federal government to monitor what's happening in Jena, Louisiana today. Thank you very much.
I absolutely do. Thank you, Madam President. I rise to certainly support this resolution. I listen every day on talk radio in the morning. We know that Al Sharpton is there. We've listened to the Reverend Jesse Jackson, who has also been involved in it on a daily basis, and who talk about the families of these children. It is unfortunate. It's hard to believe that after all these years we would revert to pre-civil rights days. So we certainly support this resolution, and it is just a reminder that all of us who have leadership roles, all of us who are elected officials have to be ever-watchful that we certainly guard jealously and with great pride the rights and privileges that all of us have in this country and that we do what we can to make sure that the youngsters in this country are all afforded equal rights under the law. Thank you very much.
Thank you. Again, the Chair recognizes Councilwoman Tasco for a motion on the resolution.
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.)
And a resolution recognizing October 6th as Multiple Myeloma Awareness Day.
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.)
And a resolution declaring October 2007 as Human Relations Month in the City of Philadelphia.
Madam President, I just want to note that this resolution is on your behalf, and 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. At this time, the Chair recognizes Councilwoman Miller.
Thank you, Madam President, and good morning. Today I have two resolutions and three bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 9-208 of The Philadelphia Code, entitled "Sidewalk Cafes," by permitting sidewalk cafes to be maintained on Germantown Avenue, both sides, between Creshiem Road and Rex Avenue.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by adding a section creating a reward program for the provision of information leading to the determination that an individual has engaged in short dumping.
This bill will be referred to the appropriate committee.
And an ordinance amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by enacting a new Chapter 17-1500, entitled "Philadelphia Fair Criminal Record Standard."
This bill will be referred to the appropriate committee.
And a resolution for the City Council of Philadelphia calls upon the responsible merchants of Philadelphia, during these troubling times, with gun violence at an all-time high, to implement a voluntary moratorium on the sale of toy guns in the Philadelphia stores.
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.)
And a resolution authorizing City Council's Committee on Law and Government to hold a public hearing to investigate current policies and procedures relating to real estate transfers, in light of the many fraudulent real estate transfers.
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 will be referred to the Committee on Law and Government. The Chair recognizes Councilman Savage.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer 17 resolutions and eight bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by adding a new Section 9-614, entitled "Mandatory Use of Recyclable and Compostable Checkout Bags."
The bill will be referred to the appropriate committee.
And an ordinance amending Section 14-1402 of The Philadelphia Code, entitled "Parking in Residential Districts," by reducing parking requirements when spaces for car-sharing organizations are voluntarily provided.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 14-102 of The Philadelphia Code, entitled "Definitions," by amending the definition of "Night Club," all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adding a new Section 14-908, entitled "Queen Village Neighborhood Conservation District."
The bill will be referred to the appropriate committee.
And an ordinance authorizing CNO, their successors and assigns, to own, operate and maintain multi-level bay windows and decks as part of the residential development project at 850 North 3rd Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing Bodine Street Associates, their successors and assigns, to own, operate and maintain multi-level bay windows as part of the residential development project at 1111 North Bodine Street.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Muhammed Shaukat, owner and operator of the newsstand located at the southwest corner of 10th Street and Filbert.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adding a new Section 14-1632, entitled "Convention Center Expansion Area."
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, the City of Philadelphia, deeds located in the 5th, 23rd, 25th, 31st and 39th Wards of the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of all the resolutions that have just been read in.
It was one vacant property. The rest are all ordinances. COUNCILMAN DiCICCO: Oh, the one resolution. I'm sorry.
It's one resolution that was read. COUNCILMAN DiCICCO: Right. I apologize. The one resolution. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution honoring, recognizing and celebrating the University of the Arts' School of Theatre Arts on the occasion of their 25th anniversary.
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.)
And five resolutions reappointing current members to the Board of Directors of the South Street/Headhouse District of Philadelphia; namely, Abner Silver, term to expire December 31, 2008; Michael Samschick, term to expire December 31, 2008; Ann Verber, term to expire December 31, 2010; John Finley, term to expire December 31, 2010; and Noah Webster, term to expire December 31, 2011; and Eleven resolutions appointing members to the Board of Directors of the South Street/Headhouse District of Philadelphia; namely, Nigel Richards, term to expire December 31, 2008; Jose Pumarada, term to expire December 31, 2009; Michael Untermeyer, term to expire December 31, 2009; Tim Krug, term to expire December 31, 2009; Donna Pancoast, term to expire December 31, 2009; William Barton, term to expire December 31, 2009; Joette Adams, term to expire December 31, 2010; Kali Morgan, term to expire December 31, 2010; Howard Lander, term to expire December 31, 2011; Daniel Doyle, term to expire December 31, 2011; and Marolyn Bailey, term to expire December 31, 2011.