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.)