COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 18, 2006 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO 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, everyone. 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 I would request that visitors retire to the seats outside the rails. To give our invocation this morning, the Chair is privileged to have Councilwoman Blackwell. I would ask all members and guests to please rise.
Good morning. I thank you, Madam President, all members of Council. I give honor to God and thank him for the privilege of giving this invocation today. Heavenly Father, we thank you for bringing us here today. We ask that you give this Council the wisdom and the commitment to do thy will in serving thy people. We ask that you bless their staffs, the families and the homes from And, Father, we ask that you bless those who are homeless and those who are hungry. Bless those who live on streets and in abandoned homes. We ask that you bless them. We ask that you bless those who are employed and those who are underemployed, and we ask, Father, that you help them in all their struggles in retaining jobs. And, Father, we ask that you keep us all, help us to do thy will, to have clarity of thought and commitment of the heart. And, finally, from St. Jude we read the benediction, Chapter 1, verses 24 and 25. Then unto Him that is able to keep you from falling and to present you faultless before the presence of His glory with exceeding joy. To the only wise God, our Saviour, be glory and majesty, dominion and power, both now and forever more. Amen.
Amen. The Chair thanks Councilwoman Blackwell. The next order of business is the approval of the Journal of the meeting of Thursday, May 11, 2006, and the Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 11, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 11, 2006 stand approved. All in favor will please indicate by saying aye. (Aye.)
The it, and the Journal of the meeting of Thursday, May 11, 2006 is approved. The next order of business is requests for leave of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, there are no requests for leaves of absence.
Thank you very much. The Chair recognizes Councilman Rizzo.
Madam President, no requests for leave from the republicans.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize guests and visitors joining us in Chambers this morning. On behalf of all members of Council, I welcome you to 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 Councilman Clarke, who will present a resolution commemorating Philadelphia's City Hall for being awarded as a national historic civil engineering landmark. Will Mr. Christopher Menna and those accompanying him please join the Councilman at the podium. Councilman Rizzo will be joining Councilman Clarke.
Thank you, Madam President. Commemorating Philadelphia's City Hall for being awarded the honorable distinction as a national historic civil engineering landmark by the American Society of Civil Engineers. Whereas, Philadelphia's City Hall, one of the City's greatest treasures, is literally in the heart of Philadelphia, in the square, William Penn's exact geographical center of his plan for Philadelphia; and Whereas, the building designed by John McArthur, Jr. was constructed over a 30-year period starting in 1871; and Whereas, being almost square in plan with a center exterior courtyard and two lightwells, the building contains over one square feet of interior space and about 700 rooms, making it the largest city hall in the country; and
Whereas, its richly ornamented perimeter facades extend nearly 500 feet along each side and the masonry on the tower rises to 37 feet, with the top of William Penn's hat topping the tower at 548 feet and weighing almost 27 tons; and Whereas, the facades, the 50-story clock tower and the four portal entries are adorned throughout with a and bronze sculptures, as well as ornamental design and executed under the direction of the renowned Alexander Milne Calder; and Whereas, it is now a national historic landmark known as the finest example of French Second Empire architecture in the United States and the tallest masonry bearing wall building in the world. Now, therefore resolved, that the Council of the City of Philadelphia, hereby commemorates Philadelphia's City Hall, awarded the honorable distinction as the national historic civil engineering landmark by the American Society of Civil Engineers; and Further resolved, that an engrossed copy of this resolution be presented to the American Society of Civil Engineers. Congratulations. (Applause.)
Thank you very much, President Verna. As Chairman of the History and Heritage Committee, on behalf of the Philadelphia American Society of Civil Engineers, we would like to thank the entire City of Philadelphia and City Council for participating in this celebration. We would like to note there are four other national historic civil engineering landmarks, and they all happen to be City of Philadelphia landmarks. They include the Frankford Avenue Bridge in 1970; the Philadelphia Water Supply System, 1975; the Fairmount Water Works in 1976; and the City of Philadelphia Original City Plan Grid in 1997. We would like to note that City engineers such as myself, Rubin David and Robert Wright are part of the American Society of Civil Engineers and are proud today and help make this effort possible. As a reminder, we would like to say that the dedication ceremony will be this Monday, the 22nd at 12:00 noon in Dilworth Plaza, and we strongly encourage all of you to attend. The plaque itself is located in the east portal next to the City Hall office. We also encourage you to see that. Thank you very much. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will 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 May 18, 2006, I signed all of the remaining bills passed by Council at its session on May 4, 2006; and I am transmitting for the introduction and consideration of your honorable body an ordinance authorizing the Commissioner of Public Property and the Director of Commerce, acting on behalf of the City, to purchase from LaFrance Corporation any and all interests in the parcel of property known as 8425 Executive Avenue; and An ordinance removing a portion of a property in the 65th Ward of the City, in the vicinity of the Delaware River, from the Philadelphia Keystone Opportunity Zone; and An ordinance amending Section 2 of an ordinance, Bill No. 030347, approved July 31, 2003, by extending the period for compliance with the authorization conditions therein; and An ordinance authorizing the from Fairmount Avenue to Aspen Street; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 105; and An ordinance to amend the Institutional Development District Master Plan of Temple University to be used for the Tyler School of Art; and An ordinance to amend the Institutional Development District Master Plan of Temple University to be used for the Fox School of Business and Management; and To Council President Verna, transmitted with this letter are amendments to the FY07 Operating and Capital Budgets agreed to by the Administration.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions. COUNCILMAN DiCICCO: Madam President, point of order.
Yes. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I need to leave the Chambers for about an hour -- I'm not sure what time I'll be back -- on Council business. I'd like to have my vote recorded aye on all bills. I'm not certain on the resolutions because I haven't had a chance to read those, but on all bills, I'd like to be recorded as voting aye.
How about the amendments? COUNCILMAN DiCICCO: And amendments.
You're voting in favor of the amendments? COUNCILMAN DiCICCO: Yes.
Leave will be granted. The next order of business, as I said, is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended to consider resolutions at their time of introduction. (Duly seconded.)
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 say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 20-101 of The Philadelphia Code, entitled "Residence Requirements," by providing that an employee in the civil service need not be a bona fide resident of the City when appointed, but must establish and maintain bona fide residence in the City within six months after appointment.
The bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a resolution approved by Council proposing amendment to the Philadelphia Home Rule Charter requiring District Councilmembers to be residents of the district from which they were elected for at least one year prior to their election.
This bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter requiring District Councilmembers to be residents of the district from which they were elected for at least one year prior to their election.
The resolution will be referred to the appropriate committee, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce four bills, one of which is on your behalf by request, and three resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property and the Director of Commerce, acting on behalf of the City, to purchase from LaFrance Company property known as 8425 Executive Avenue.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Trustees of the University of Pennsylvania, University of Pennsylvania Health System, 3400 Spruce Street, to construct and maintain a pedestrian bridge across Convention Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 105.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of Sloan Street from Fairmount Avenue to Aspen Street.
The bill will be referred to the appropriate committee.
And a resolution calling for the Philadelphia City Planning Commission to retain its staff during and after the reorganization of housing agencies.
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 please indicate by saying aye. (Aye.)
Can I have everyone's attention, please. All in favor of the adoption of the resolution will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of the next resolution.
A resolution recognizing Ruby Lorraine Dowd in her retirement from the City of Philadelphia Police Department after 35 years of dedicated service to her city and community.
Again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. 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 indicate by saying aye. (Aye.)
And a resolution calling for 50 percent of all Community Development Block Grant dollars dedicated to funding services to the homeless, including prevention services, to be used to implement the Mayor's ten-year plan to end homelessness, and further calling for the Office of Emergency Shelter and Services to implement said plan.
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.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance removing a portion of a property in the 65th Ward of the City, in the vicinity of the Delaware River, from the Philadelphia Keystone Opportunity Zone.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have one bill, one resolution and one amendment.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing Temple University, 1601 North Broad Street, its successors and assigns, to construct an overhead pedestrian bridge crossing the 1400 block of West Tioga Street.
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 deeds located in the 12th and 22nd Wards of the City of Philadelphia.
Again, the Chair recognizes Councilwoman Miller.
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 is adopted. The Chair recognizes Councilman Nutter.
Councilwoman, I think your amendment is a bill on the Calendar.
Thank you, Madam President. Madam President, I offer one bill with the appropriate attachments, and I circulated a resolution yesterday. I've had a couple conversations with colleagues, and what I'm going to do is hold that resolution pending additional conversation about some of the elements related to that particular resolution.
The Chief Clerk will please read the title of the bill.
An ordinance consenting to the assignment of Area II cable television franchise from Time Warner Cable to Time Warner New York Cable.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 10-300 of The Philadelphia Code, entitled "Minors," by amending the hours of the curfew for minors; and by amending the enforcement provisions, including, but not limited to, increasing the penalties for minors.
The bill will be referred -- yes, Councilwoman Brown.
Madam President, I failed to mention that this bill is co-sponsored by colleagues Councilman Frank DiCicco and Councilman Jim Kenney, along with Clarke and Donna Reed Miller. Thank you.
Thank you. The bill will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer one bill and one resolution on behalf of the 7th Councilmanic District and one bill on behalf of Councilman DiCicco.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 5th Street, Jefferson Street, Orkney Street and Master Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 2 of an ordinance, Bill No. 030347, approved July 31, 2003, by extending the period for compliance with authorization conditions therein.
This 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 deeds located in the 23rd Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution.
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 is adopted. The Chair recognizes Councilman O'Neill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Montgomery County Line, Pine Road, Bloomfield Avenue, Verree Road and Red Lion Road.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I have two bills, three resolutions, one resolution co-sponsored by Councilwoman Donna Reed Miller and Councilman Rizzo.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to amend the Institutional Development District Master Plan of Temple University for allowing for the construction of a new building to be used for the Fox School of Business and Management.
The bill will be referred to the appropriate committee.
And an ordinance to amend the Institutional Development District Master Plan of Temple University by allowing for the construction of a new building to be used for the Tyler School of Art.
This 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 deeds located in the 14th, 18th, 28th and 47th Wards of 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 signify by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 20th and 37th Wards of the City of Philadelphia.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution calling upon the Mayor to appoint a Public Safety Video Surveillance Task Force.
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 is adopted. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees, and the Chair recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.
Yes. Thank you, Madam President. Madam President, the Committee on Public Property and Public Works reports five bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Public Property and Public Works, to which was referred Bill No. 060143, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into a further amendment to a lease between the City and the Far Northeast Senior Citizens"; and Bill No. 060203, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire fee simple title City real estate parcels in Tinicum Township, Delaware County"; and Bill No. 060204, entitled "An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 8011 Frankford Avenue"; and Bill No. 060206, entitled "An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 140 to 54 North Christopher Columbus Boulevard"; and Bill No. 060207, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to extend the term of a lease agreement between the Southeastern Pennsylvania Transportation Authority as landlord and the City of Philadelphia as tenant for office space at 1234 Market Street, all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 060143, 060203, 060204, 060206 and 060207. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of bills just read by the Chief Clerk. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. At this time, the Chair recognizes Councilman Ramos for a report from the Committee on Labor and Civil Service.
Thank you, Madam President. The Committee on Labor and Civil Service reports five bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Labor and Civil Service, to which was referred Bill No. 050795, entitled "An ordinance 20 of The Philadelphia Code, by creating a new Chapter 20-1100, entitled 'Employee Benefits,' to provide for certain benefits for City employees on military leave of absence"; and Bill No. 051066, entitled "An ordinance amending Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' by amending Section 22-105 relating to the definition of 'compensation,' and repealing a previous ordinance that added the language now to be deleted"; and Bill No. 060244, entitled "An ordinance amending Chapter 22-300 of The Philadelphia Code, by amending Section 22-306, entitled 'Retirement Survivorship Benefit Options'"; and Bill No. 060265, entitled "An ordinance amending Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' by amending various provisions to incorporate benefit enhancements provided under recent labor awards"; and Bill No. 060289, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' by adding a new Chapter entitled 'Sheet Metal Technician,'" respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Ramos.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 050795, 051066, 060244, 060265 and 060289. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as 5/18/06 - STATED - 1ST READING to permit first reading this day of the bills just read by the Chief Clerk. All in favor will please say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. 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. 060143, an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into a further amendment to a lease between the City and the Far Northeast Senior Citizens.
The Chair agrees. 5/18/06 - STATED - 1ST READING
And Bill No. 060203, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire fee simple title to interest, in the form of avigation easements, in some or all such parcels, all under certain terms and conditions.
And Bill No. 060204, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 8011 Frankford Avenue.
And Bill No. 060206, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 140 to 54 North 5/18/06 - STATED - 1ST READING Christopher Columbus Boulevard.
And Bill No. 060207, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to extend the term of a lease between Southeastern Pennsylvania Transportation Authority and the City of Philadelphia.
And Bill No. 050795, an ordinance amending Title 20 of The Philadelphia Code, to provide for certain benefits for City employees on military leave of absence.
And Bill No. 051066, an ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by repealing a previous ordinance that added the 5/18/06 - STATED - 1ST READING language now to be deleted.
And Bill No. 060244, an ordinance amending Chapter 22-300 of The Philadelphia Code, entitled "Retirement Benefits," by providing for benefits to be paid to certain trusts for disabled children.
And Bill No. 060265, an ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," to incorporate benefit enhancements provided under recent labor arbitration awards.
And Bill No. 060289, an ordinance amending Title 9 of The Philadelphia Code, requiring certain licensing of persons performing duct work used in HVAC systems. 5/18/06 - STATED - 2ND READING
The Chair agrees. That completes our First Reading Calendar. 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 060144-A. On , the bill at the bottom of the sheet, 050341, is to be amended. On , we will amend today Bill Nos. 060001, 2 and 3. Bill No. 060004 will be reported out for second reading and final passage, as will 060008. All other bills are being held.
Councilman Kelly, do you wish to be 5/18/06 - STATED - 2ND READING recognized?
Yes. Thanks, Madam President. I'm very sorry for the delay, but I do have one bill that I would like to offer, if I may.
Very well. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," to limit the period for collection of certain parking violation penalties, revise procedures for temporary movement of parking meters, revise the penalties for certain parking violations and revise the fees for booting, towing and storage of certain immobilized vehicles.
Thank you. At this time, I would ask the Chief Clerk to please read the title of Bill No. 060144-A.
An ordinance 5/18/06 - STATED - 2ND READING amending the ordinance approved June 28, 1966, Bill No. 1845, as amended, known as the Philadelphia Housing Development Agreement Ordinance.
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.