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.
Thank you. The resolutions will be referred to the appropriate committee. At this time, the Chair recognizes Councilwoman Brown. Is she in the room? (No response.)
Thank you, Madam President. I offer two resolutions on behalf of Councilwoman Brown and one bill and one resolution on my own behalf.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance creating the Philadelphia Reentry Employment Program for Ex-offenders; in particular, amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes."
The bill will be referred to the appropriate committee.
And a resolution calling to support the appointment of Sandra Dungee Glenn as Chairman of the School Reform Commission for the School District of Philadelphia.
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 Committee on the Environment to hold hearings on the development of a strategy for the City to manage and operate energy-efficient City streetlights.
On behalf of Councilwoman Brown, I move for the adoption. (Duly seconded.)
It has been moved and 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 Commerce and Economic Development to hold hearings to review the annual disparity study and City contract participation goals released by the Finance Department pursuant to Title 17 of The Philadelphia Code.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and 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 appropriate committee. The Chair recognizes Councilman Goode for the introduction of your bill.
You did? Thank you. The Chair recognizes Councilwoman Campbell.
Madam President, I have six bills and three resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 12-2700 of The Philadelphia Code, entitled "Permit Parking Districts."
The bill will be referred to the appropriate committee.
And an ordinance authorizing the installation of a traffic light at Sorrento Road and Conshohocken Avenue and the installation of stop signs at 47th Street at the intersection of Conshohocken Avenue.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 9-208 of The Philadelphia Code, entitled "Sidewalk Sales," by limiting the hours of operation of sidewalk cafes located within certain areas of the City.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 10-609 of The Philadelphia Code, entitled "Public Urination or Defecation," by increasing the fine for violations of such section, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," by amending Section 12-102, entitled "Definitions," and amending 12-1201 of The Philadelphia Code, entitled "Authority to Install Traffic-Control Devices."
The bill will be referred to the appropriate committee.
And an ordinance enacting a new Chapter 12-300 of The Philadelphia Code, entitled "Special Restrictions Upon Use of Vehicles Around Wheelchair Lift Equipped Vehicles."
The bill will be referred to the appropriate committee.
And a resolution calling upon the School District of Philadelphia to proceed expeditiously in identifying, evaluating and providing individualized services to children, who are identified by family members, educational experts and other persons in contact with the children, with risk factors for developmental delay.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution has been adopted.
And a resolution amending Resolution No. 070405, approving the annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative Bond Proceeds for Fiscal Year 2008.
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 calling upon the Department of Recreation to install surveillance cameras in all Class A and Class B recreational facilities to further enhance the safety of all persons utilizing these facilities.
The Chair again recognizes Councilwoman Campbell.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Madam President, I have three bills and two resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the installation of all-way stop signs at the intersection of Colfax Street and Stamford Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a no truck parking and tow-away regulation on Hendrix Street between Bustleton Avenue and West Centennial Square.
The bill will be referred to the appropriate committee.
And an ordinance establishing a no parking any time regulation on the east side of Frankford Avenue, between Knights Road and Grant Avenue.
The bill will be referred to the appropriate committee.
And a resolution recognizing the Math, Science and Technology Community Charter School on being honored as the National Charter School of the Year.
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 upon the Philadelphia Police Department to begin implementing a standard operational procedure that would require all Philadelphia Police officers to conduct an immigration status check on all suspects arrested for a felony and to notify both the Philadelphia District Attorney's Office and the federal immigration authorities of the illegal immigration status of the suspect.
Yes, Madam President. I'd like to speak on the resolution. My colleague, Councilman Ramos, who unfortunately is not here but I spoke to at length last week, issued a press release today that compels me to speak on this, because it's filled with a lot of things I agree with that don't apply to this resolution, but what applies to this resolution I totally disagree with; for instance, racial profiling, which it's not, having anything to do with what's going on in Hazleton or Riverside or the other places that have been in the news, that we're singling out anyone, that we don't need to celebrate immigrants, encourage them. Let me tell you, this resolution I believe is based on my belief that our greatest responsibility as a city, as a government, is to protect our citizens, and anything we can do to protect them more is our duty. Is Newark and what happened up there, those executions, part of the reason that I'm introducing this? Absolutely. Is the fact that the murders and the violence in this city are out of control and are a national disgrace? Absolutely. But what this resolution is not is, it's not profiling in any way. It calls for police to check the immigrant status of people arrested for felonies. It doesn't profile anybody. It profiles felons, but it doesn't profile anybody for any other reason. And if we're here to protect felons, fine. I'm not here to protect felons. The other thing that's come up -- and there's been some mixed statements from the Police Department -is that this is too much of a burden on the Police Department. Well, that may be what the Commissioner thinks, but the Commissioner is also the one with the failed leadership in fighting the murders and violence in this city. When you talk to people, the rank-and-file in the Police Department, checking this is no big deal. There's even been statements from the Police Commissioner's office -one was in the Metro last week -- that the spokesman said he didn't know why the police weren't already doing this, but he was still waiting to hear from Commissioner Johnson. Well, I'm still waiting to hear from Commissioner Johnson, too. I sent him a letter two weeks ago on this matter. Not a burden. Not profiling. This isn't asking police to check car stops, to check drunk driving where there's car accidents or anything like that. It's not for minor crimes. These are felonies we're talking about. And in Newark, the State of New Jersey stepped in before the City Council could enact a resolution like this, and it's now the policy of every police department in New Jersey. To my knowledge -- and I scan the New York Times every day -- there hasn't been one problem with that policy. It makes sense. I have not talked to anyone once I explain, as I tried to do to Councilman Ramos, that we're dealing here with felonies and we're dealing with everyone arrested for a felony. I'll leave my remarks with this: Last Friday I was sitting in a diner with a couple of friends, one of whom is a police officer, and a fellow came over, happened to be a police officer, and he knew my friend, and we were all introduced to him, and he said, Oh, Councilman, he said, I want to thank you for that letter you sent to the Police Commissioner. He said, I work in Center City where there's a crime spree -- this is four days ago -- there's a crime spree of armed robberies. He said, We arrested one guy that had committed his fourth armed robbery. He said, I called the immigration officials and they said, We have nothing on this person, nothing on this person. If this resolution and this policy implementation saves one life, protects one citizen, it's worth it. I believe it makes sense. I believe it's
OF BILLS in keeping with our mission and our primary responsibility, to protect our citizens, and recognizes what happened in Newark that might have been avoided and also that we're not doing anything that isn't right. Thank you.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. A few moments ago we supported a resolution introduced by Councilwoman Tasco dealing with the Jena 6. Those are felonies that those kids are charged with. Because a person is charged with a crime, we're not even saying after convicted, we're saying if they're arrested for a felony, that then the police should look in their immigration record. We convinced the Mayor nearly two years ago now to create the Mayor's Commission on African and Caribbean Immigrant Affairs. All of you received pens saying "Echoes of Africa" and books. Everybody here knows I spend the money I've raised, most of it, on creating books for education, books that would go around the globe dealing with education. We passed them out and certainly have others available. I've only brought a few that we've done. We have done some that say "Karibu" -- it means welcome -that go all over the globe. We've also done several publications for Charles Blockson, who recently retired from Temple, for the Blockson Collection. In America, America is supposed to be a country that welcomes people with open arms. We have nearly 70,000 Africans alone in this country. When we have our meetings, just last week this resolution was discussed in the Mayor's Commission on African and Caribbean Immigrant Affairs where people were afraid. You can arrest a person for a traffic ticket. You can arrest a person for any felony, have the police check them and have a family separated. If they find there's even something as mild -- well, it's not mild. Something that would seem, for the sake of this argument, innocuous as traffic violations, you can separate a family and have people sent back to the countries from which they have come for political reasons and be killed. This is a serious issue. When we talk about certainly checking people who aren't convicted but arrested for a crime, it's very, very dangerous that in this city and in this country we would consider doing that. Not only would it affect individuals who live and work here, but it would affect us as a world-class city in the issue certainly of tourists. Tourism is one of the major industries, the major activities of Philadelphia. Do we want to affect tourism in a way that will not make Philadelphia the destiny it has become for tourism, not a destiny and a destination for where we live and shop and where we see people of all races, ethnic groups, income areas, backgrounds, genders live together, but a place where you got to be careful? Not only that, if you were to call 9-1-1 today, I can't tell you how many languages there are. For the sake of discussion, maybe there are 15 languages. You could call 9-1-1 and get help immediately. People don't realize that, because this city recognizes people from places all over the world and you can get a translator and you can get the help you need. We have been working with Commissioner Johnson. We have met with him. Commissioner Johnson even agreed to hire people from outside of Philadelphia, to hire Africans from various countries so that the police force certainly reflects those who live in our city. The Commissioner committed to us a year and a half ago in public in our meeting that he would not, if people are stopped, check their background, so people need not fear being deported, not for a crime, but being separated from their families. People are in the process, given President Bush's new issue on borders of this country and all of that, there's a big focus on people from other countries in our city, and he assured us that he would not get involved in that debate, but the police force and police activities would be conducted in the way it has and they will be treated as anybody else in this city, and that is the way it should be. I'm asking my colleagues to certainly really, really consider this resolution.
I'm asking them to not support this. The police know what to do if someone is arrested and they know what to do if someone is convicted. Convict someone of a felony and then talk about checking their background record. But in America, anybody can be charged with anything, just like these kids in the Jena 6 taking place today. Many of us wore black -- they said this is a day of mourning -- to support it. Certainly we do support it, but it is very, very, very dangerous to begin to take away the rights of people in our society, and I hope that my colleagues will join me and not support this resolution. Thank you, Madam President.
Thank you, Madam President. I'm sure that most members of this body recognize my passion for immigration and immigrants, and it's not always been to my political benefit with some sectors of my constituency that I take the positions that I do in this regard. I don't doubt Councilman O'Neill's genuine concern about public safety and his efforts to try to address that, but I do believe that this resolution links immigration and crime, and it does so unfairly and it does so without any real facts to back it up. " To me, that in itself makes a link between an immigrant, documented or undocumented, and the rise in our murder rates. I don't have the figures in front of me, but I would argue probably that very few murders in this city and very little crime in this city are committed by immigrants, whether they're documented or they're undocumented. At the beginning of the 20th century there was a large amount of Italian-American immigrants, along with other ethnic groups, in this country and there was a great amount of hatred and prejudice that were heaped upon Italian-American immigrants entering this country. Two gentlemen, who had admittedly radical views of politics, went to their death in the electric chair. Their names were Sacco and Vanzetti. Primarily because of the anti-Italian hysteria that was whipped up at that particular time. I have found in my dealings with the immigrant community that resolutions like this shill the relationship between the City government, the Police Department and those immigrant communities, because if they are victims of a crime, if they're in a car accident, if they are a witness to a crime and want to be helpful, contact with the police is very tenuous if they're undocumented persons. " First of all, they're not illegal and, second of all, they're from the planet earth, they're not from Mars. But it's easy now these days after 9/11 to heap our problems upon these people. The 9/11 terrorists were Saudi Arabians. We haven't changed our relationships with the Saudis. We haven't limited the ability for Saudis to come and go in this country. They all came in through Canada, for the most part, and took down those towers and killed all those people. I will tell you that I don't have any fear of a Mexican guy on a bicycle riding from one job to another. I doubt he has a C-4 strapped to his body, because all he wants to do is have an opportunity to come to this country and work and raise his family and have a better life, just like all of us. My ancestors came to this country starving, dirty, illiterate and packed inside a ship to come to this country to get an opportunity to have a better life, and they've given me and my siblings a better life. I understand the fear and the prejudice that people have towards immigrants, because they fear different languages, they fear different cultures, they fear that we're going to be overrun by these brown-skinned people or these black-skinned people or these people who don't speak the same language that we do. I do not want to put any situation, any resolution or any imprimatur of this government in the public domain that says that the police are now the enemy of immigrants, whether they're documented or not. Councilwoman Blackwell is correct, if a person is arrested and convicted, we have plenty of time to check their legal status, put them on a plane and send them back to where they came from, even after they've done their jail time. I don't think we need this, because it sends a message to hard-working, decent people who want to be Americans that somehow they need to fear the police, and I don't want that.
I've had discussions with John Timoney when he was the Commissioner in Philadelphia, and he understood that clearly, that it shills the ability to investigate and prosecute crime if the people that we're policing are afraid of our police. And I know that this only is tailored to alleged felons, but this message gets out to the decent people in those communities and they don't want to talk to the police any more either, because someone will check their status. Recently, a Chinese woman had received an asylum request. And we had dealt with this case a couple years ago, when she came for her normal immigration status hearing over here at 16th and Callowhill, believe it or not, just around the corner, with her husband and her two American-born children. She went into the back to have her status hearing, was whisked out the back, put in a van and taken to New York to JFK Airport in New York, with no money, no ID, drug through the airport, while she was pregnant with twins, lost her babies, and without the intercession of the passengers in that terminal, those INS officials would have put her on a plane back to Beijing, with no ID, pregnant with twins, in a country where you're not allowed to have more than one child. Now, I know this is not what this resolution says, but it does build and build and build the fear in our communities, and people who are coming here who want to be legal, who want to get their status legal, they are going to be fearful of the police and they're not going to want to cooperate. And with all due respect, I wish you would withdraw it. I'm asking that he would. If he's not, I understand, but I'll be voting no. I am not turning my back on my history and my ancestors, and I think we need to help these people and not try to put more obstacles in their way. Thank you. )
Thank you. The Chair recognizes Councilman O'Neill.
Madam President, I'm only asking my colleagues to vote on what this resolution actually does say, not what it doesn't say, because there's nothing in my mind writing this -- and it took a long time to tailor it so that there weren't any things that I would have a problem with that it said. And if someone else reads more into it, I can't prevent that. But the public wants us to do something about crime. This is just one small step in that. It's one small slice. Is it everything? No. But I think the evidence speaks for itself that it can be helpful. If this resolution passes today, is Mayor Street and Commissioner Johnson going to change the policy based on history? Probably not. Obviously if it doesn't pass, they're even less likely to change the policy. But the more the public learns about this proposal, that it's working in New Jersey and none of those scary things are going on over there that I heard about that aren't in this resolution, maybe then the public can have an influencing voice on the Mayor and the Police Commissioner. That's all. So I do want to run this today. I hope everyone votes for it, and if they don't, I hope they vote based on it as a crime issue and not an immigration issue. Thank you.
Thank you. The Chair recognizes Councilman Savage.
I also will be joining my colleagues, Councilman Kenney and Councilwoman Blackwell, in voting no on this resolution. I feel that it's not City Council's job to tell the Police Commissioner what to do, and it will place a burden on the Police Commissioner. And I think there's constitutional rights that are questioned and I think we should leave this up to the federal government.
I would just say, following Councilman O'Neill's comments -- and I understand them, and, again, I will be voting no, but if we're really serious about talking about crime in the City and safety, we should be talking to Harrisburg and Washington about limiting the amount of guns that get in our kids' hands. And if someone wants to help do that, I think that's a better way to go than talking about immigration and crime. Thank you.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. Very quickly. I'll be joining my colleagues also in opposing this. I don't certainly question Councilman O'Neill's sincerity in this issue. I have a lot of the same concerns that Councilwoman Blackwell and Councilman Kenney raised, particularly about the sort of message this sends, but I just have, I guess, a basic problem with when you're arrested for a crime, you're presumed innocent, and if some people are treated differently than others, I think there's something -- I have a question about that. I have a concern about that. So where I understand and we all want to fight crime, I think we have to do it the right way, and I don't think, with all due respect to the sponsor, this is the right way to go about it. So I will be voting no also. Thank you, Madam President.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Hearing both sides of this discussion, I think there are merits on both sides of it. I understand the intent. I think I understand the intent of the sponsor in this resolution. I would ask the sponsor to hold this, more so because in 100 days or so we will have a new Mayor and a new Police Commissioner, and if we're talking about policy, by the time this even got implemented, if it were to pass today, we would probably wind up with a new Commissioner, and I think that the discussion as to what the intent is and some of the fears of the folks who are maybe or maybe not reading more into this resolution than the sponsor meant to have would be more appropriate if we would wait for the new Administration. And we're only talking 100 days or so.
Madam President, as I stated, but I'll state specifically, I believe time is of the essence with this issue, and while I know that there will be a new Police Commissioner, a new Mayor, if it weren't public safety, if it weren't murders and violence that I'm trying to address here, I would gladly hold it. But I will run it. Thank you.
All right. Would anyone else like to be recognized? (No response.)
Councilman O'Neill, would you please move for the adoption.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.) (Nay.)
The resolution fails. Do we have another resolution to be read for Councilman O'Neill?
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 19 of The Philadelphia Code, entitled "Finance, Taxes and Collections," by amending Section 19-2602, entitled "Licenses," by adding new conditions to the receipt or retention of the licenses, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Steve Ricchini, owner and operator of the newsstand located at the northwest corner of 15th and Market Streets.
This bill will be referred to the appropriate committee, and the Chair recognizes Councilman Kelly.
Yes. Madam President, I offer one resolution, which I would like to speak on after the adoption.
The Chief Clerk will please read the title of the resolution.
A resolution declaring the month of September MRSA Awareness Month in the City of Philadelphia and calling upon the School District to report MRSA on a case-by-case basis and to incorporate information regarding MRSA into the health classes.
Yes. Thank you, Madam President. First of all, I move for the adoption of the resolution. (Duly seconded.)
Yes. What I would like to do is, first of all, I'd like to acknowledge the presence of Scott Cummings, who has three children who had this disease, and also Ms. Marge Fullman, who is here with her son Chuck, who has suffered with this disease for over six years now. As a token of their appreciation for these Councilmembers they will be giving out T-shirts in appreciation. But what I would like to do is, I know there are some people who think this isn't important. Hell, I think there are some editorial writers on our newspapers who may not think it's important, but I think it's important and I think all the thousands of people who are affected by this disease, they also think it's important. I think the more people are aware of this disease, the better off all of us are going to be. So, therefore, Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Rizzo.
Madam President, I have seven resolutions and one bill.
The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 20-600 of The Philadelphia Code, entitled "Standards of Conduct and Ethics," by adding anti-nepotism provisions prohibiting City officers and employees, including all elected City officers, from taking or recommending certain personnel actions affecting family members, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution recognizing, honoring and celebrating the 50th anniversary of WHYY-TV and thanking WHYY-TV for its many contributions to the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution recognizing, honoring and commending the Philadelphia Multi-Cultural Affairs Congress on the occasion of its 20th anniversary.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution honoring, recognizing and celebrating the return to our great City of Philadelphia the Kennel Club of Philadelphia Dog Shows and designating the weekend of November 15th to 18th as Kennel Club of Philadelphia Dog Shows Weekend.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution honoring, recognizing and thanking Thomas Paine Cronin upon the occasion of his retirement after 35 years of service to District Council 47.
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, honoring and celebrating the HIAS and Council Migration Service of Philadelphia on the occasion of its 125th anniversary.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution recognizing, honoring and celebrating James E. Tiano for service to his country in wartime and service to his city in peacetime.
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 Technology and Information Services to hold hearings to evaluate the status of Wireless Philadelphia and its progress toward bridging Philadelphia's digital divide.
I move for the adoption of that resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The have it, and the resolution will be referred to the Committee on Technology and Information Services. Council will now proceed under a special order of business, a resolution re-calling Bill No. 070189. The Chair recognizes Councilwoman Campbell.
Thank you, Madam President. I offer one resolution. The resolution has been circulated. I move for the adoption of it at this time.
It is my understanding that that resolution was not circulated and that you will be asking for the rules to be suspended.
It was circulated. I can ask for the rules to be suspended, but it was circulated. That's why I was saying it was circulated.
It has been moved and properly seconded. The Clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 070189, entitled "An ordinance amending Title 6 of The Philadelphia Code, entitled 'Health Code.'"
I move for the adoption of the resolution. (Duly seconded.)
The ayes have it and the resolution has passed. The Chief Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia, I'm returning herewith as requested by your resolution adopted September 20, 2007 Bill No. 070189, entitled "An ordinance amending Title 6 of The Philadelphia Code, entitled 'Health Code,'" for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you. The Chair recognizes Councilwoman Campbell for a motion that Council reconsider the vote by which Bill No. 070189 was passed.
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 070189 was passed has been reconsidered. The Chair recognizes Councilwoman Campbell.
Thank you, Madam President. I offer an amendment to Bill No. 070189.
It has been moved and properly seconded that the amendment to Bill No. 070189 be All in favor will say aye. (Aye.)
The ayes have it and Bill No. 070189 has been amended. This bill will be placed on the Second Reading and Final Passage Calendar for our next session of Council. We will now consider a resolution re-calling Bill No. 070268. The Chair again recognizes Councilwoman Campbell.
Thank you, Madam President. I offer one resolution. This resolution was circulated yesterday. I move that the rules of Council be suspended to permit the consideration of the resolution at this time. (Duly seconded.)
It been moved and properly seconded that the rules of Council be suspended so as to permit consideration of Councilwoman Campbell's resolution at this time. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Clerk will please read the title of the resolution.
I don't have the letter from the Mayor returning these bills.
I don't have correspondence on my desk from the returning these bills. I don't know why they have been returned and what is the amendment.
Would the Chief Clerk please read the letter. This is regarding this bill that we're considering now.
To the President and members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted today Bill No. 070268, entitled "An ordinance amending Title 15 of The Philadelphia Code, entitled 'Parks and Recreation,'" for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
May I ask the sponsor what the amendment might be, just for clarification.
Yes. For clarification purposes, originally the time element was 9 o'clock in the morning, and the Administration and the wanted it changed to 6 o'clock in the morning to permit people to be at recreation centers at 6 o'clock in the morning. That's the change.
The Chief Clerk will please read the title of the resolution.
A resolution requesting the Mayor to return Council Bill No. 070268, entitled "An ordinance amending Title 15 of The Philadelphia Code, entitled 'Parks and Recreation,' by adding a new Chapter relating to parks and playgrounds and providing for the hours of operation of certain parks and playgrounds."
I move adoption of the resolution. (Duly seconded.)
The ayes have it and the resolution has passed. I don't think we have to have the Chief Clerk read the letter from the Mayor again, so at this time, the Chair recognizes Councilwoman Campbell for a motion that Council reconsider the vote by which Bill No. 070268 was passed.
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 070268 was passed has been reconsidered. The Chair recognizes Councilwoman Campbell.
Thank you, Madam President. I offer an amendment to Bill No. 070268. A copy of the amendment has been circulated to all members of Council. I move the adoption of the amendment. (Duly seconded.)
It has been moved and properly seconded that the amendment to Bill No. 070268 be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and Bill No. 070268 has been amended. This bill will be placed on the Second Reading and Final Passage Calendar for our next session of Council. We will now consider a resolution re-calling Bill No. 070394. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one resolution, and because this resolution was not circulated yesterday, I move that the rules of Council be suspended to permit consideration of this resolution at this time. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended to permit consideration of Councilman resolution at this time. All in favor will say aye. (Aye.)
The ayes have it, and I would ask the Chief Clerk to please read the title of the resolution. I don't believe the Chief Clerk has a copy of the resolution. (Chief Clerk given a copy of the resolution.)
A resolution requesting the Mayor to return to Council Bill No. 070394, entitled "An ordinance authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park to enter into a lease agreement between the City of Philadelphia as landlord and the Philadelphia Authority for Industrial Development as tenant for further to Historic Philadelphia."
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: I move for the adoption of the resolution. (Duly seconded.)
The ayes have it. The resolution has been passed. The Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted today Bill No. 070394, entitled "An ordinance authorizing the President of the Fairmount Park Commission and the Director of Fairmount Park to enter into a lease agreement between the City of Philadelphia as landlord and Philadelphia Authority for Industrial Development as tenant."
The Chair recognizes Councilman DiCicco for a motion that Council reconsider the vote by which Bill No. 070394 was passed. COUNCILMAN DiCICCO: So moved, Madam President. (Duly seconded.)
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 070394 was passed has been reconsidered. Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer an amendment to Bill No. 070394. A copy of the amendment has been circulated to all members of Council, and I move for the adoption of the amendment at this time.
It has been moved and properly seconded that the amendment to Bill No. 070394 be adopted. All in favor will say aye. (Aye.)
The ayes have it and Bill No. 070394 has been amended. This bill will be placed on the Second Reading and Final Passage Calendar 9/20/07 - STATED - 1ST READING for our next session of Council. 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 No. 070370, an ordinance amending Title 14-305 of The Philadelphia Code, entitled "C-4 Commercial and C-5 Commercial Districts," to revise parking regulations in the area bounded by Broad Street, Carpenter Street, South 13th Street, Kimball Street, 12th Street and Washington Avenue.
And Bill No. 070371, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Broad Street, Carpenter Street, South 13th Street, Kimball Street, 12th Street and Washington Avenue. 9/20/07 - STATED - 2ND READING
The Chair agrees. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today on we consider Bill No. 040876-A for an amendment. , Bill No. 060485-A to be amended, with a request for a suspension. We call up 060474-A for second reading and final passage. There's nothing on , , . On we call up Bill Nos. 070266 and 070463 for second reading and final passage, and on , the last bill, we call up 070459 for an amendment.
All 9/20/07 - STATED - 2ND READING other bills on the Calendar are being held, and at this time, I would ask the Chief Clerk to please read the title of Bill No. 040876-A.
An ordinance amending Section 19-2900 of Title 19 of The Philadelphia Code, entitled "Senior Citizen Low Income Special Tax Provisions," by expanding the coverage of the Chapter to include senior citizens who are eligible to participate in the Commonwealth's Pharmaceutical Assistance Contract.
Thank you, Madam President. Madam President, as indicated earlier, I would like to offer an amendment to this bill. The amendment has been circulated in the Caucus Room and hopefully in the Chambers. There -it was in the Caucus Room. My error. Madam President, the amendment does two things. On of the 9/20/07 - STATED - 2ND READING amendment, it changes the dates of when this particular legislation would become effective. Number 4 in Section B, there's new language in terms of the timing of the implementation. It would now be implemented in tax year 2009. On , the entire section is deleted. That section essentially called for the bill to be authorized upon state-enabling legislation. We have deleted that portion of the bill. So I would like to offer this amendment at this time. (Duly seconded.)
I move for the adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. 9/20/07 - STATED - 2ND READING (Aye.)
The ayes have it and the motion carries. The Chief Clerk will please read the title of Bill No. 060485-A.
A resolution proposing an amendment to the Philadelphia Home Rule Charter relating to the appointment of the members of the Fairmount Park Commission.
Madam President, I would like to and I'm assuming Councilwoman Brown would like to speak on this particular resolution and ordinance. I will defer to Councilwoman Brown first.
Thank you, Councilman Clarke. 9/20/07 - STATED - 2ND READING Thank you, Madam President. Before my colleague moves to the actionable take on this bill today, we thought it appropriate to recap all of the activity that has been happening on this bill since spring of 2001. Six years ago, we know that the Daily News published a series of editorials which, in our view, very closely and in a real comprehensive way illustrated how years of financial and management neglect of our parks needed dire attention. That was followed by a resolution introduced by Councilman Clarke and I authorizing hearings on the status of the parks in June 2001. A year later, after receiving funding from both the William Penn Foundation and from the City, a strategic plan process began. In December 2001, the consultants embarked on an 18-month strategic planning process. Eighteen months later, in June 2004, the strategic plan was released with the 9/20/07 - STATED - 2ND READING recommendations. That same month two days later, Councilman Clarke and I introduced Charter change legislation to, one, adopt a strategic plan and recommending that Fairmount Park and the Department of Recreation be instituted into one governing body. Three months later, that September, Councilman Clarke and I introduced legislation extending the implementation dates of those measures. We then knew that before we could move any further, we needed to have input from the local community, so we sponsored a public forum at the Free Library in December 2005. December 14, 2005 we then held hearings on Charter change legislation where all members of Council, for the most part, raised concerns about the value and merit of Charter change legislation that would merge those two departments. Six months later, May 11, 2006, 9/20/07 - STATED - 2ND READING Councilman Clarke and I held a Council briefing where we could hear in a non-Council setting the very particular concerns raised by our colleagues. May 25, 2006, recognizing that the support was simply not there for the merging of those two departments, we then introduced legislation that would speak to the next recommendation raised in the strategic plan, and that was to, quote, create a more open and fair process of selecting commissioners. A year later, September 14, 2006, we offered amendments based on input both from Fairmount Park Commission members, Fairmount Park Alliance leadership and members, and from our colleagues. This past June 14, 2007, after many meetings, the Fairmount Park Alliance released a letter to the members of Council indicating that they -- and I quote -- gave conditional support of this legislation, pending some important 9/20/07 - STATED - 2ND READING revisions they believed was critical. We continued to meet in June. We met in August and most of this month, and the good news is that all of those issues that were raised by the new leadership -- and I underscore the new leadership -- of the Fairmount Park Alliance and members have been adequately or appropriately addressed and due for consideration today. So we need to thank the new leadership in Pete Hoskins and those around him who worked with us very, very closely to very meticulously and in a real detailed way examine every single concern raised by the Park Alliance. I would be remiss not to indicate as well that the next great city, which makes up a composition of 90 organizations, labor, faith, CDCs and community-based organizations as well, in recent months have followed the process and have met with us to indicate their support for this next step we would like 9/20/07 - STATED - 2ND READING to take today. So with that said, I pass the ball to Councilman Clarke for further comment.
Thank you, Councilwoman. Thank you, Madam President. Madam President, as indicated earlier by Councilwoman Brown, this particular initiative has a long history, an extremely elusive history. I don't think that I've ever worked on any legislation that has not only taken so long but it's taken as many twists and turns as this particular piece of legislation has taken. Today, as the Councilwoman indicated, we have before us members of the Alliance and other park advocates who in May actually were not comfortable with the position that we were taking. And I want to also commend them for the wonderful work that they've done, not only on this initiative but just on the 9/20/07 - STATED - 2ND READING parks in general. I just want to for the record, because I know that in the Caucus Room a couple of members had asked about some of the legislative history of this. If you recall, in May there was actually a number of amendments that talked about a transition commission, which is essentially an entity that will allow us to move forward on this very important initiative. We talked about a nominating panel that would be named by the new Mayor, the new Administration, because people thought that we wanted to get the new Mayor engaged since they would have the authority to deal with the Park Commission as we moved ahead, and we agreed to that. Then we talked about some levels of qualifications of the commissioners, and, understandably, people thought that we should have people who were qualified but not from a perspective of not having the average 9/20/07 - STATED - 2ND READING person on the Commission, and we wanted to make sure that everybody had an opportunity. The only thing that we insisted, that that person really cared and loved the Fairmount Parks and their mission was to move the park forward, because it is such a wonderful treasure in our City of Philadelphia. Then we talked about the timeline of the Commission. There were some concerns about that timeline being in the end of the current Administration, and we agreed to move that forward. Today, we are prepared to offer amendments, as referenced by Councilwoman Brown, amendments that were agreed upon and I understand that were voted on unanimously by the Park Alliance group and very enthusiastically. And as you can see, they're standing here with signs. You all need to get bigger signs next time. I can't see some of them. Get bigger signs. " So today in talking to a number of my colleagues, there were again some concerns raised, and I understand because some of this was at the 11th hour, because we had actually finalized the amendments as late as yesterday, understanding that they hadn't had an opportunity. And I think that from a conceptual standpoint, I think every member in this room -- well, I know every member in this room wants to make sure that we have a more open process, a more transparent process as it relates to the selection of commissioners. So I don't think that particular concern that were raised were related to those issues. Unfortunately, I don't think -and I say "unfortunately" in caps, because a lot of people have been working a long time on this particular legislation. , super majority, and I'm not sure that we're in a position to be prepared to do that today. As a legislator, from a personal perspective, I'm not the type of Councilperson that will ask people to vote for a bill if I'm not sure that the votes are there. That's just not my style. I don't like to ask people to take a controversial vote if it's not needed. So I say all that to say that at this particular time, it appears that we're not going to proceed on this legislation at this time. And there are a lot of issues that are off the radar screen that have caused us to be in this position today, and I won't get into that at this moment, but we did not make this decision lightly, because I really wanted to move this today and I think it's the appropriate thing to do.
It effectively changes the process of selection of 9/20/07 - STATED - 2ND READING Commission members. It effectively creates an environment where a panel, a qualified panel, makes those recommendations to the Mayor. It effectively gives the new Mayor an opportunity to bring his recommendations to this City Council for approval, as it is with the rest of the Commission, in a public hearing. It gives citizens an opportunity to have their say, to have their input into that selection process. I think that that is a process that should happen. It is long overdue. Frankly speaking, I don't know why we're not doing it today beyond the fact that we may not be in the position to get the two-thirds majority. But as a result of that, we will not be moving the resolution and the ordinance today, but I will ask for the body to support the amendments that have been circulated. There are essentially, I think, three issues in the amendments. One talks about membership. We wanted to 9/20/07 - STATED - 2ND READING define the membership to make sure that it's inclusive of the Water Commissioner and the Recreation Commissioner as voting members of that body given the nature of the park systems, the watershed issues and the recreational issues. We think it's appropriate to have those members on the Commission. In the earlier version we had asked for a two-thirds majority vote on affirmation of members of the Commission. The members of the Alliance suggested that and really requested that we do a majority in terms of affirmation. My understanding based on the Solicitor, that if not all, the overwhelming majority of Commissioners that are voted on in Council are only done by a majority vote. This amendment will do that. The other thing, it talks about the duties and responsibilities of the new commissioners. As I spoke earlier, about making sure that those people have certain duties and responsibilities that 9/20/07 - STATED - 2ND READING talk about the park system, and we wanted to instill language that is not restricted to the language that's in the bill, because we do believe that there should be opportunities for people if they don't have a specific skill as it relates to understanding park systems. We want people to have an opportunity just because they love the park and are committed to the park system. That is essentially -- oh, then there's also language with respect to the changing of the dates. In the earlier version, it had the dates listed for the May primary, and we wanted to solidify the dates. It talks about the commencement of the dates relating to some of the movement on the selection process as it relates to nomination panel and subsequently selection and referral of those recommendations to City Council. So I would ask for the support of this amendment, with the understanding that we will not be asking for a vote 9/20/07 - STATED - 2ND READING today, and hopefully throughout the next several months, it will allow other people to have an opportunity to be involved in the discussion as we move forward and hopefully be in a position to have this legislation passed before the end of the year. So I make a motion for the adoption of an amendment to Resolution No. 060485. )
It has been moved and seconded that the amendments be adopted. All in favor will say aye. (Aye.)
The ayes have it and the amendments have been approved. I would ask the Chief Clerk to please read the next bill, please, 9/20/07 - STATED - 2ND READING Bill -
An ordinance amending Section 14-1605 of The Philadelphia Code, entitled "Regulated Uses," by adding a definition for "gun shop" and designating gun shops as regulated uses, 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.
Councilwoman Miller, how are you voting on this bill? 9/20/07 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070463. 9/20/07 - STATED - 2ND READING
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of land located within an area bounded by Pennsylvania Avenue, 20th Street, the Benjamin Franklin Parkway and 21st Street from partly Class Recreation, 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 9/20/07 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next -- well, we have Resolution No. 070474 to be considered next. I'm sorry. We have to consider the ordinance, Bill No. 070459.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter creating 9/20/07 - STATED - 2ND READING the office of Inspector General, as approved by Resolution of City Council.
This bill having been read on two different days -- I'm sorry. Councilwoman Campbell.
Thank you, Madam President. I offer an amendment to Bill No. 070459. A copy of the amendment has been circulated to all the members of Council. I move for the adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendments as submitted by Councilwoman Campbell be adopted.
Council President, we have not received the amendments. I think the amendments were 9/20/07 - STATED - 2ND READING circulated in the Caucus Room. They really should be on our desks in here. So I don't know what the amendment is. She circulated them, but I think she circulated them in the Caucus Room. We don't have them here.
The Chief Clerk doesn't have a copy either. I don't think I have either. Do all members have a copy of the amendment? (No.)
Members do not have copies of the amendment. Please circulate them again. (Copies of the amendment are circulated.)
Do all members now have a copy of the proposed amendment? (Yes.) 9/20/07 - STATED - 2ND READING
Councilwoman Tasco, your light is on. Do you want to be recognized?
All right. The Chair recognizes Councilwoman Campbell.
Does everyone have a copy of the amendment now? I offer an amendment to the Bill 070459. A copy of the amendment has now been circulated to all the members of Council. I move for the adoption of this amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
The ayes have it and the amendment has been adopted. Councilwoman Campbell, may I have your attention for just a moment?
You're going to be holding Bill No. 070459 for consideration today; are you not?
Fine. Thank you. That concludes our Calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Brown.
Council President, I just would like to lift up and give a celebration to the new School Reform Commission Chairperson, Sandra Dungee Glenn, who we know has an enormous task ahead of her, but we know that she's capable and tough, serious and connected to the parents of the 200,000 children that attend our Philadelphia public school. So we all want to wish her well. Thank you, Madam President.
You're welcome. If there are no further speeches, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, September the 27th at 10:00 a.m.
It has been moved and seconded that Council stand adjourned until Thursday, September 27th. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. Thank you. (Stated Meeting adjourned at 12:17 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on September 20, 2007, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (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.)