Stated Meeting, May 8, 2003

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, May 8, 2003 10:43 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ 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

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. To give our invocation this morning, the Chair welcomes Rabbi Bill Kuhn of the Congregation of Rodeph Shalom. The Rabbi here as the guest of Councilman Cohen. Members and guests will please rise.

On behalf of our congregation, which is a long-time member of this City, proud citizens of North Broad at Mount Vernon Street, we thank you for the good work that you do and hope that you'll continue to keep this City strong. Our God and God of all humanity, we thank you for the privilege of being able to gather today to do the good work of our City, the great City of Philadelphia on behalf of all our people. We pray for all who hold positions of responsibility and leadership in our City's life. Let thy blessing rest upon them and make them responsive to thy will so that our City may be to the world an example of justice and compassion. Deepen our love for our our desire to serve it. Strengthen our power of self-sacrifice for our City's welfare. Teach us to uphold its good name by our own right conduct. Make us to see that the well-being of our City is in the hands of all our citizens and imbue us with zeal in the cause of liberty in our nation and in all lands. Bless our country that it may always be a stronghold of peace and its advocate among the nations. Strengthen the bonds of friendship and fellowship among all the inhabitants of our City and of all lands. And may the love of thy name hallow every home and every heart. Praise be thou, oh, Lord, the source of peace. Amen.

The Chair thanks the Rabbi for his very inspiring invocation. Council many be at ease. (Council at ease.)

The next order of business is the approval of the Journal of the meeting of Thursday May 1, 2003. And the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Journal of the meeting of Thursday May 1, 2003, stand approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of May 1, 2003, stand approved. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The next order of business is requests for leaves of absence. And the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.

The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.

Madam President, on behalf of the Republicans, there are no requests for leaves of absence.

Thank you. 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, we welcome you to our Council Session today. 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 Councilman DiCicco.

Thank you, Madam President. It's my pleasure to introduce Mr. Ron Soloff the Adaire School. He's here today with students from the 7th grade. They're in government studies. And they're also here with their parents. I believe we have about 35 or 40 of their parents. Welcome.

If the students and parents and teachers would stand, we would like to recognize you. (Applause.)

The next order of business is communications. The Chair recognizes the Sergeant-at-Arms for the purpose of delivering Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor. THE

To the President and the Members of the Council of the City of Philadelphia, I'm transmitting herewith for the consideration of your Honorable Body a proposed ordinance entitled, an ordinance authorizing the revision of lines of grades on a portion of City Plan No. 27S by striking from the City Plan and vacating the legally open portions of Dilworth Street from Wall Street to Ritner Street; And an ordinance declaring it is desirable for the health, safety, and welfare of the people in the area served by Philadelphia Health and Education Corporation under the name Drexel University College of Medicine; And an ordinance declaring that it is desirable for health, safety, and welfare of the citizens of the City of Philadelphia that the Hospitals and Higher Education Facilities Authority of Philadelphia undertake a project involving the current refunding of the Authority's Revenue Refunding Bond Series 1993; the Commissioner of Public Property of the City of Philadelphia on behalf of the City in cooperation with the Philadelphia Municipal Authority to undertake a project to promote the health, safety, and welfare of the residents to the City of Philadelphia; And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 and 308 by relocating certain portions of the curb lines of Chestnut Street from Independence Mall East to 18th Street; And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at the southeast corner of 31st and Oakford Streets; And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease agreement to lease from the Philadelphia Municipal Authority portions of the building located at 1500 John F. Kennedy Boulevard. And I am returning herewith, as AND RESOLUTIONS requested by your resolution adopted May 8, 2003, Bill No. 030016, entitled an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Philadelphia Home Rule Charter relating to the composition of the Board and Pensions and Retirement for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

The messages will be printed in the Journal. The Chief Clerk will please read any other communications in their possession. THE

That's all I have, Madam President.

Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit immediate consideration of resolutions at their time of introduction. (Duly seconded.) AND RESOLUTIONS

It has been moved and seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will please signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. At this time we will consider a special order of business, a resolution recalling Bill No. 030016. The Chair recognizes Councilman Nutter.

Thank you, Madam President. I offer one resolution.

The Clerk will please read the title of the resolution. THE

A resolution requesting the Mayor to return to Council Bill No. 030016 entitled, an ordinance providing for the submission to the qualified electors of City of Philadelphia of an amendment to the Philadelphia AND RESOLUTIONS Home Rule Charter relating to the composition Board of Pensions and Retirement, as approved by resolution of the City Council.

The Chair recognizes Councilman Nutter.

Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)

All in favor will signify by saying aye. (Aye.)

Those opposed. (No response.)

The ayes have it and the resolution has passed. The Clerk will please read the letter from the Mayor. THE

To the President and Members of the Council of the City of Philadelphia, I'm returning herewith, as requested, by your resolution adopted May 8, 2003, Bill No. 030016 entitled, an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia AND RESOLUTIONS Home Rule Charter relating to the composition of the Board of Pensions and Retirement, as approved resolution of the City Council fixing the date of a special election for such purposes for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

The Chair recognizes Councilman Nutter for a motion that Council reconsider the vote by which Bill No. 030016 was passed.

So moved, Madam President.

Is there a second? (Duly seconded.)

All in favor will signify by say willing aye. (Aye.)

Those opposed? (No response.)

The ayes have it. A majority of all Members having voted in the affirmative, the motion carries. And the vote by which Bill No. 030016 was passed has been reconsidered. AND RESOLUTIONS The Chair again recognizes Councilman Nutter.

Thank you, Madam President. Madam President, I offer an amendment to Bill 030016, a copy of this amendment was circulated to all Members of Council yesterday. The amendment is available, I believe, on their desk presently. And I move the adoption of the amendment. (Duly seconded.)

It has been moved and properly seconded that the amendment to Bill No. 030016 be adopted. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and Bill No. 030016 has been amended. The bill will be placed on the Second Reading and Final Passage Calendar for our next Session of Council. At this time the Chair recognizes Councilman Kenney. AND RESOLUTIONS

Thank you, Madam President. I offer one resolution and on bill by request. THE

The Clerk will please read the title of the bill. THE

An ordinance declaring that it is desirable for the health, safety, and welfare of the citizens of the City of Philadelphia that the Hospitals and Higher Education Facilities Authority of Philadelphia undertake a project involving the current refunding of the Authority's Revenue Refunding Bond Series of 1993.

This bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution. THE

A resolution honoring Daily News columnist Stu Bykofsky for receiving the 2003 Will Rogers Humanitarian Award from the National Society of Newspaper Columnists.

The Chair recognizes Councilman Kenney.

Move the adoption of the resolution. AND RESOLUTIONS (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The Chair recognizes Blackwell.

Thank you, Madam President. This morning I introduce one bill and one resolution on your behalf; and two bills and one resolution on my own behalf.

Thank you. The Clerk will please read the title of the bill. THE

An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 31st and Oakford Streets.

The bill will be referred to the appropriate committee. AND RESOLUTIONS THE

And an ordinance amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk Sales," by prohibiting sidewalk vending on portions Baltimore Avenue.

This bill will be referred to the appropriate committee. THE

And an ordinance amending Section 6-301 of the Philadelphia Code entitled "Food Establishments," by providing for compliance of certain minimum requirements relating to the operation of takeout restaurants as a condition of obtaining or renewing a food establishment license.

This bill will also be referred to the appropriate committee. The Clerk will please read the title of the first resolution. THE

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 36th Ward of the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell. AND RESOLUTIONS

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 signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The Clerk will please read the title of the second resolution. THE

A resolution authorizing the Committee on Licenses and Inspections to hold comprehensive hearings regarding stop-and-go delicatessens and the sale of prepackaged brewed or malt beverages throughout neighborhoods in the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell.

Madam AND RESOLUTIONS President, I move for the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The Chair recognizes Councilman Cohen.

Madam President, I have no bills or resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.

Madam President, I have one bill.

The Clerk will please read the title of the bill. THE

An ordinance authorizing the Commissioner of Public Property of AND RESOLUTIONS the City of Philadelphia on behalf of the City in corporation with the philadelphia municipal authority to undertake the project to promote the health, safety, and welfare of the residents of the City of Philadelphia.

This bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.

Madam President, I have one bill.

Thank you. The Clerk will please read the title of the bill. THE

An ordinance granting permission to Exclusive Enterprises, owner of the property 210 Lippincott Street, to operate and maintain an open air sidewalk cafe on the west footway of B Street, adjacent to 210 east Lippincott Street, under certain terms and conditions.

This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.

Madam President, I offer two bills. AND RESOLUTIONS

Thank you. The Clerk will please read the title of the first bill. THE

An ordinance amending Section 9-25 of the Philadelphia Code related to sidewalk sales and vending in residential areas by adding a new provision prohibiting sidewalk sales and vending in the area bordered by and including Olney Avenue, Cheltenham Avenue, Broad Street, and Fifth Street, both sides.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the installation of two left turn green arrow traffic signals at the intersection of Rising Sun Avenue and Adams Avenue.

This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I have no bills or resolutions today.

Thank you. The Chair recognizes Councilwoman Tasco. AND RESOLUTIONS

Madam President, I'd like to be excused to take care of some personal business. And I'd leave my vote on all bills and resolution.

Thank you. Leave will be granted. The Chair recognized Councilman Nutter.

Thank you, Madam President. I offer three bills.

The Clerk will please read the title of the first bill. THE

An ordinance amending Title 20 of the Philadelphia Code, entitled "Officers and Employees," by enacting the W. Thacher Longstreth Memorial Survivors and Dependents Medical Care Ordinance, providing certain health and medical benefits to the spouse and dependent children of deceased City officers and employees.

The bill will be referred to the appropriate committee. THE

And an ordinance amending Title 20 of the Philadelphia Code entitled, "Officers and Employees," by providing for certain health and welfare benefits for pensioned employees, AND RESOLUTIONS under certain terms and conditions.

This bill will be referred to the appropriate committee. THE

And an ordinance granting permission to John Mananas Restaurant, located 4201 Ridge Avenue, to operate and maintain an open air sidewalk cafe on the northeast corner of Ridge and Midvale Avenues.

The bill will be referred to the appropriate committee. The Chair at this time recognizes Councilwoman Brown.

Thank you, Madam President. I offer one bill and two resolutions.

Thank you. The Clerk will please read the title of the bill. THE

An ordnance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 8-200 of the Philadelphia Home Rule Charter, providing for use of cooperative purchasing agreements with other public agencies as approved by resolution of the City Council. AND RESOLUTIONS

The bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution. THE

A resolution requesting the Pennsylvania General Assembly to enact legislation to restore to the Commonwealth's budget for Fiscal Year 2004 full support for the public libraries of the Commonwealth.

The Chair recognizes Councilwoman Brown.

This resolution should be referred appropriate committee -- I move for the adoption. (Duly seconded.)

Councilwoman, I did not see the resolution. Are you requesting that this be referred to a committee?

The library bill, we were requesting that it heard during our budget hearings next week.

So we just approve it today. There was a motion made. Was it AND RESOLUTIONS seconded? (Duly seconded.)

All those in favor of the adoption of the resolution will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Clerk will please read the second resolution. THE

And a resolution proposing an amendment 8-200 of the Philadelphia Home Rule Charter providing for use of cooperative purchasing agreements with other public agencies and providing for the submission of the amendment to the electors of Philadelphia.

This resolution 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 AND RESOLUTIONS the gentleman. The Chair recognizes Councilman Ortiz.

Thank you, Madam President. I have no bills or resolution.

Thank you. The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I offer nine bills and one resolution.

Thank you. The Clerk will please read the title of the first bill. THE

An ordinance granting permission to Sprint Communications Company, its successors and assigns, to construct, maintain, operate and remove telecommunications service connections of fiber optic cables in and under the public rights-of-way and City streets.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 27S by striking from the City Plan and vacating the legally open portions of Dilworth Street from Wall Street to Ritner Street. AND RESOLUTIONS

This bill will be referred to the appropriate committee. THE

And an ordinance granting permission to 801 Last Resort, Inc., owner of the property 801-805 North Third Street, to operate and maintain an open air sidewalk cafe on the northeast corner of North Third Street.

The bill will be referred to the appropriate committee. THE

And an ordinance granting permission to Ducks International to remove an existing wood and metal news stand located on the west sidewalk of South Independence Wall West.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing Wills Eye Hospital, 800 Walnut Street, its successors and assigns, to construct, own, and maintain a roof seam architectural embellishment encroachment above the Ninth Street public right-of-way.

The bill will be referred to the appropriate committee. THE

And an ordinance AND RESOLUTIONS authorizing National Constitution Center, Bourse Building, Suite 560 of the Independence Mall East of the property of the east side of Independence Mall and the west side of Independence Mall to construct and assign and maintain the National Constitution Center Encroachment on the east footway of Independence Mall West.

This bill will be referred to the appropriate committee. THE

And an ordinance granting permission to Lougeswaran Vijayhratnam, owner of the newsstand on the southeast corner of Ninth Street and Walnut Street to construct, use, and maintain an electrical conduit with an electrical service line and a telecommunication conduit with telephone service line in and under the public rights of way and City streets.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Salter street from Third Street to Orianna Street. AND RESOLUTIONS

This bill will also be referred to the appropriate committee.

And ordinance granting permission to Nahal Desai, owner of the news stand at the northeast corner of Jupiter Street and Market Street.

The bill will be referred to the appropriate committee. THE

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 31st Ward of the City of Philadelphia.

The Chair recognizes Councilman DiCicco.

I move for the adoption of the resolution, Madam President.

Is there a second? (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? AND RESOLUTIONS (No response.)

The ayes have it, and the resolution has been adopted. The Chair recognizes Councilman O'Neill.

Madam President, I have no bills or resolutions today.

The Chair recognizes Councilman Clarke.

Madam President, I have two bills and one resolution.

The Clerk will read the title of the first bill. THE

An ordinance authorizing the revision of lines and grades on a portion of a City Plan No. 307 and 308.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease agreement to lease the Philadelphia Municipal Authority, portions of the building located at 1500 John F. Kennedy Boulevard.

This bill will AND RESOLUTIONS be referred to the appropriate committee. The Clerk will please read the resolution. THE

A resolution authorizing the Commissioner of Public Property to execute and deliver to Redevelopment Authority of the City deeds located in the 16th, 28th, 29th, 32nd and 37th Wards of the City of Philadelphia.

The Chair recognizes Councilman Clarke.

Move for adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The Chair recognizes Councilman Rizzo.

Madam President, I have no bills or resolutions today.

The Chair thanks the gentleman. Our next order of business is reports from the Committees. And the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.

Thank you, Madam President. The Committee of the Whole reports out three bills with a favorable recommendation.

The Chief Clerk will please read the report. THE

To the President and Members of the Council of the City of Philadelphia, the Committee of the Whole to which was referred Bill No. 030078, entitled an ordinance naming and designating the West Philadelphia Regional Branch of the Free Library of Philadelphia, located at 125 South 52nd Street as the Lucien E. Blackwell Regional Branch of the Free Library of Philadelphia; And Bill No. 030242, entitled an ordinance providing for contingent exemption, abatement, or credit of certain taxes within specific geographic areas, including by amending Bill No. 970788A relating to the boundaries of the Zone; And Bill No. 030252, entitled an ordinance removing the properties known generally as the Brewerytown Development from the Philadelphia Keystone Opportunity Zone, subject to the request and consent of the owners of said properties, under certain terms and conditions; 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 Councilwoman Blackwell.

Thank you, Madam President. I have move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030078, 030242, and 030252. (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 Bill Nos. 030078, 030242, 030252. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the bills just read will be placed on today's First Reading Calendar. The Chair recognizes Councilman Kenney for a report from the Committee on Rules.

Thank you, Madam President. The Committee on Rules reports out one bill with a favorable recommendation.

The Clerk will please read the report. THE

To the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 030122 entitled, an ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by amending Chapter 14-1600 entitled "Miscellaneous," by adding a new section prohibiting or regulating the conducting of licensed gambling operations within certain or all zoning districts of the City, all under certain terms and conditions; respectfully reports it has considered the same and returns the attached bill to Council with a

The Chair recognizes Councilman Kenney.

Madam President, I move that the Rules of Council be suspended as to permit first reading this day of Bill No. 030122. (Duly seconded.)

Councilman Cohen.

I don't recognize the bill by the number. Could the sponsor of the bill or the Chairman of the Committee -

If I may, Madam President.

Councilman Kenney.

Thank you. Councilman Cohen, as you know, the long-term discussion on the issue of gaming in Pennsylvania is coming at some point in time to a head. What I was concerned about is that in the event that gaming is approved in Pennsylvania that we will have very little or no say from a Council level on where these operations take place and where they're located. This bill is an attempt to create a situation where the district councilperson would ordinance to approve a site for either a casino, a racino or slot machine emporium, whatever it is that's going to take a form of gaming in Philadelphia. I was concerned that the legislature would attempt -- and they still may attempt -- to circumvent our ability to control the site of one of these facilities.

Thank you very much.

You're welcome.

Councilman Kenney, you made a motion. I didn't hear a second.

Councilman Clarke made the second.

I understand Councilman Clarke seconded it. It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030122. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have just read will be placed object today's First Reading Calendar. At this time the Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services.

Thank you, Madam President. The Committee on Streets and Services reports out one bill, 000682, with a favorable recommendation.

The Clerk will please read the report. THE

To the President and Members of the Council of the City of Philadelphia, the Committee on Streets and Services to which was referred Bill No. 000682 entitled, an ordinance providing for civil liability for violations of certain provisions of the Pennsylvania Motor Vehicle Code relating to obedience to steady red light signals and stopping at an intersection or crossing; and establishing an administrative system for adjudicating liability in connection with such violations, all under certain terms and conditions; respectfully reports it has considered and amended the same and returns the attached bill to Council

The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 000682. (Duly seconded.)

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first riding this day of Bill No. 000682. All in favor will say aye. (Aye.)

Those opposed?

No.

Councilman Cohen, you're voting no?

Right, Madam President.

Thank you. The record will indicate Councilman Cohen is voting no. All other Councilmembers are voting in the affirmative. That concludes the reports from committees. Our next order of business is consideration of the calendar. The Chief Clerk will please read the bills on the First Reading Calendar. THE

Bill No. 030161, an ordinance authorizing the paving of Markoe Street, Aspen Street, 45th Street and portions of 47th Street, under certain terms and conditions.

The Chair agrees. THE

Bill No. 030162, an ordinance authorizing the revision of lines of grades on a portion of City Plan No. 107 within an area bounded by Fairmount Avenue 47th Street, Brown Street, and 44th Street.

The Chair agrees. THE

And Bill No. 030164, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 55 by striking from the City Plan and vacating the legally open portion of Bermuda Street from Adams Avenue to Church Street.

The Chair agrees. THE

Bill 030217, an ordinance establishing a no truck parking regulation on Whitaker Avenue from Adams to Godfrey Avenue.

The Chair agrees. THE

And Bill No. 030219, an ordinance establishing a no truck parking regulation on the 800 block of Foulkrod Street from Whitaker Avenue to a Howland Street.

The Chair agrees. THE

And Bill No. 030078, an ordinance naming and designating the West Philadelphia Regional Branch of the Free Library of Philadelphia, located at 125 South 52nd Street as the Lucien E. Blackwell Regional Branch of the Free Library of Philadelphia.

The Chair agrees. THE

And Bill No. 030242, entitled an ordinance providing for contingent exemption, abatement, or credit of certain taxes geographic areas, including by amending Bill No. 970788A, approved December 30, 1998, relating to the boundaries of the Keystone Opportunities Zone.

The Chair agrees. THE

And Bill No. 030252, an ordinance removing the properties known generally as the Brewerytown Development from the Philadelphia Keystone Opportunity Zone, subject to the request and consent of the owners of said properties.

The Chair agrees. THE

And Bill No. 030122, an ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning, by adding a new section prohibiting or regulating the conducting of licensed gambling operations within certain or all zoning districts of the City.

The Chair agrees. THE

And Bill NO. 000682, an ordinance providing for civil liability for violations of certain provisions of the Pennsylvania 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE Motor Vehicle Code relating to obedience to steady red light signals and stopping at an intersection or crossing; and establishing an administrative system for adjudicating liability in connection with such violations, all under certain terms and conditions.

The Chair agrees. The bills just read by the Chief Clerk will be placed on the Second Reading and Final Passage Calendar for our next Session. That concludes the 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 Bill Nos. 010127, 030115, 030023, 020385, 030167, 030199, and 030119 are being called up for second reading and final passage. All offer bills are being held.

Thank you. The Chief Clerk will please the title of Resolution No. 030119. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE THE

A resolution proposing amendment to Section 8-200 and 8-201 of the Philadelphia Home Rule Charter relating to contracts and concessions for which competitive bidding is required; and providing for the submission of the amendment to the electors of Philadelphia.

The Chair recognizes Councilman Clarke.

I move for the adoption of the resolution. (Duly seconded.)

Since Resolution No. 030119 proposes ab amendment of the Home Rule Charter, it requires the approval of two-thirds of the Members of Council. The Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE voting aye. Council President Verna.

Aye. The ayes are 16, the nays are 0. A two-thirds majority of all Members of Council having voted in the affirmative, resolution No. 030119 has been adopted. The Chief Clerk will please read the title of the first bill to be called for consideration, Bill No. 010127. THE

An ordinance authorizing the Commissioner of Public Property to the execute and deliver to the Philadelphia Authority for Industrial Development without consideration a deed conveying fee simple title to a certain tract of City-owned land with the buildings and improvements thre on situate 1021 Chestnut Street.

This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll. THE

Councilwoman Blackwell. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco voting aye. Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030115. THE

An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to section 8-200 and 8-201 of the Philadelphia Home Rule Charter, relating to contracts and concessions for which competitive bidding is required.

This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco voting aye. Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030023. THE

An ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds Deposits, Investments, Disbursements," by revising the list of City depositors because of noncompliance with certain provisions of that chapter, under certain terms and conditions.

This bill having been read on two different days, the question 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE now is shall the bill pass finally? The Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco voting aye. Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020385. THE

An ordinance amending Chapter 11-600 of the Philadelphia Code entitled, "Construction Encroachments and Projects Over On and Under the Streets," by adding Section 11-610 under "Construction Equipment," all under certain terms and conditions. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE

This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco voting aye. Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030167. THE

An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by striking from the City Plan and vacating Melon Street from 16th Street 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE to 17th Street by reserving and replacing on the City Plan a right-of-way for drainage purposes, 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 Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano. 05/08/03 - STATED - 2ND READING AND FINAL PASSAGE

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE