COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 23, 2008 10:05 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER 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. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair recognizes Councilman W. Wilson Goode. I would ask all members and guests to please rise. (Members and guests rise.)
Good morning. May we please bow our heads. Let us pray. God of our weary years and God of our silent tears, thou who has brought us thus far on our way, thou who has by thy might led us into the light, keep us forever in the path, we pray. Heavenly Father, we come to you this time with a simple prayer. First to you, to thank you for the special gifts that you have given us to be used for your holy purpose. Let us say thank you by avoiding self-interest and rededicating our lives to your holy purpose for our lives. Second, to simply say forgive us. Forgive us for sometimes losing our way. You know our hearts and our minds. We are not perfect. Forgive us as we forgive one another. Third, to simply say bless us. Bless us with your holy spirit so that we will realize that you are in full control of our lives. There is no global economic crisis or personal crisis that we cannot overcome. Through your holy spirit, we can overcome every worldly and spiritual crisis. Continue to bless us. Lastly, to once again say thank you for loving us more than we could ever love ourselves and one another and teaching us how to love and how to live. Again, thank you. name and for his sake, amen. (Amen.)
The Chair thanks the Councilman. The next order of business is the approval of the meeting of Thursday, October 16, 2008, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 16th stand approved.
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 16, 2008 stand approved. All in favor will indicate by (Aye.)
The ayes have it and the motion carries. The next order of business is requests for leave of absence, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilman Green. I understand you have guests that you wanted to introduce.
I was told it was Councilman Green. Councilman Greenlee.
That's scary, if Ms. Ortiz doesn't know the difference, since I'm the ward leader of her ward, I'm really in trouble. Thank you, Madam President. Together with Councilman DiCicco I wanted to recognize some second grade students from St. Peter's School at 3rd and Lombard, which is in the First Councilmanic District, and they're accompanied by a number of people, including, I must add, speaking of committee person, my committee person in the 15th Ward, Beverly Leonard. So they're sitting right over there.
If they would stand, we would like to recognize you. Please stand, and welcome. (Applause.)
The Chair recognizes Councilwoman Tasco, who will present a resolution recognizing the 18th anniversary of Memory Walks in October and observing National November of 2008. Will Mrs. Wendy Campbell and those accompanying her please join the Councilwoman at the podium.
It gives me great pleasure to present this resolution recognizing the 18th anniversary of Memory Walks in October and observing National Alzheimer's Awareness of month in November 2008 in the City of Philadelphia. Whereas, National Alzheimer's Awareness Month is observed nationally in November, as officially acclaimed by then President Ronald Reagan in 1982; and Whereas, the purpose of National Alzheimer's Disease Month is to raise awareness of this disease and to emphasize the importance of finding treatments, prevention and ultimately a cure; and Whereas, this disease is mysterious, elusive and frustrating. It gradually, causing forgetfulness, confusion, impaired judgment and ultimately total dependence; and Whereas, although the federal government estimates spending over half a billion dollars for Alzheimer's disease research this year alone, there is still no vaccine, no cure and no treatments for this terrible disease; and Whereas, the Alzheimer's Association is the major source of information and support for the four million Americans with this disease and their families. It is a national network whose members represent the interests of those affected by Alzheimer's disease on every level of government and with health and long-term care providers. The Association is a strong and effective advocacy group whose members we thank for their continuing efforts. Now therefore resolved, by the Council of the City of Philadelphia, that 2008 as National Alzheimer's Disease Month. Further resolved, that an engrossed copy of this resolution be presented to Wendy L. Campbell, President of the Alzheimer's Association, as evidence of our respect for her, the Association's work, and our sincere hope that the dream of prevention and cure will become a reality. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 16th day of October 2008. Signed by President Verna and introduced by Marian Tasco on behalf of President Verna and supported by all members of City Council. (Applause.)
Thank you. Thank you very much for honoring us very important to us because it's another step in raising awareness about Alzheimer's disease. And Alzheimer's disease, it's appropriate that I be here, because at this point, Alzheimer's disease is now the sixth leading cause of death in the United States. I started with the chapter in 2000 and it was ninth. So this is the only one of the top ten causes of death that is growing every single year. So now we're to sixth. We've had four Memory Walks during the month of October and we will have our final large Memory Walk in Philadelphia at Citizens Bank Park, home of the World Series champions, I'm sure, and I invite all of you to join us there, because it's a way to pay tribute to those people in our community that have passed from this disease, but even more so, it's to be there to support those that are carrying someone with Alzheimer's right now. It's so important Time Magazine has called this the "disease of the century," and it is. We must all bring our community together to find a plan of how we're going to help our families deal with this, because it's not just that we're losing grandparents, we're losing people. Last week our Help Line received a call from a 34-year-old man who had just received his diagnosis. He has two children that have not even entered grade school. There's no resources to help him. He's not going to be earning a living. And the average time he will have the disease is nine years, but we've heard of cases where it's gone on for 27. So we've got to rally as a community to help these families, because although the federal government is funding Alzheimer's research, there's not been a single dollar increase in the last five years. So the work on a cure is not I know all of us would want. So we're going to have to work a lot on care. So this is an important first step for us, and I thank the City Council so much for recognizing it, and thank you for always being there when I come to you needing help taking care of families in your district. So thank you very, very much. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages 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 transmitting herewith consideration of your honorable body six proposed resolutions, entitled "A resolution also naming the 4000 block of Mitchell Street and the streets at the intersection of 5th Street and 66th Avenue in honor of Police Officer Walter Barclay, Badge No. 1410"; and "A resolution also naming the 2700 block of Willits Road and the streets at the intersection of 66th Avenue and North Broad Street in honor of Police Officer Charles Cassidy, Badge No. 2342"; and "A resolution also naming the 7400 block of Claridge Street and the streets at the intersection of Almond and Schiller Streets in honor of Sergeant Stephen Liczbinski, Badge No. 486"; and "A resolution also naming the 3600 block of Whitehall Lane and the streets at the intersection of North 17th and Dauphin Streets in honor of Sergeant Patrick McDonald, Badge No. 2831"; and "A resolution also naming the 3300 block of Welsh Road and the streets at the intersection of 39th and Wallace Streets in honor of Police Officer Isabel Nazario, Badge No. 6341"; and "A resolution also naming the 3300 block of Almond Street and the streets at the intersection of Castor Avenue and Arrott Street in honor of Police Officer Gary Skerski, Badge No. 7379"; and "A resolution also naming the 1600 block of Widener Place and the streets at the intersection of Rising Sun Avenue and Wyoming Avenue in honor of Police Officer Lauretha Vaird, Badge No. 5897."
Thank you. The messages will be printed in the Journal.
And an ordinance authorizing the construction of storm water sewers and appurtenant work on Delaware Avenue from Lewis Street to Street; and An ordinance amending Section 2 of an ordinance, Bill No. 030681, approved December 18, 2003, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 24-S by placing on the City Plan a certain right-of-way"; and An ordinance amending Chapter 19-3100 of The Philadelphia Code, entitled "Attorney Fees in Collection Matters," all under certain terms and conditions; and An ordinance amending Section 10-819 of The Philadelphia Code, entitled "State of Emergency," to expand the measures that the Mayor may take in an emergency, all under certain terms and conditions.
Thank you. These messages will also 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, and at this time, the Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I'll have one resolution, but would you come back to me?
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer two bills and two resolutions, one sponsored by myself, Councilwoman Tasco and Councilman O'Neill and one resolution sponsored by myself, Councilwoman Blackwell and 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 Ditman Street, Levick Street, Hegerman Street, Robbins Avenue, Keystone Street, Devereaux Street, Hegerman Street, Tulip Street and Harbison Avenue.
This bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within the area bounded by Ditman Street, Cottman Avenue, Keystone Street and Hellerman Street.
This bill will be referred to the appropriate committee.
And a resolution also naming the 3300 block of Welsh Road and the streets at the intersection of 39th and Wallace Streets in honor of Police Officer Isabel Nazario, Badge No. 6341.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution also naming the 2700 block of Willits Road and the streets at the intersection of 66th Avenue and North Broad Street in honor of Police Officer Charles Cassidy, Badge No. 2342.
Again, the Chair recognizes Councilwoman Krajewski.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. (Applause.)
Madam President, I offer two privileged resolutions, three bills and one bill on your behalf.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 19-3100 of The Philadelphia Code, entitled "Attorney Fees in Collection Matters; Retention of Private Attorneys," by providing for a schedule of contingency fees to be assessed, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance establishing a no truck parking regulation on the 5200 block of Marshall Street, from Fisher Avenue to Duncannon Avenue.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 9-205 of The Philadelphia Code, relating to Sidewalk Sales by prohibiting sidewalk sales within 25 feet of 2510 Cheltenham Avenue.
This bill will also be referred to the appropriate committee.
And an ordinance amending Section 2 of an ordinance, Bill No. 030681, approved December 1, 2003, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 24-S."
The bill will be referred to the appropriate committee.
And a resolution urging the United States Congress and the Department of Housing and Urban Development to amend the use of requirements of the Community Development Block Grant Neighborhood Stabilization Program funds.
Madam President, I'd like to speak on this resolution, please.
The Congress has taken action concerning the foreclosure crisis in the United States by passing the Landmark Housing and Economic Recovery Act, which provided emergency funding for cities and states that have vacant and abandoned properties in neighborhoods that have high rates of foreclosure, and through this legislation, the Department of Housing and Urban Development, known as HUD, announced a $3.9 billion increase in the Community Development Block Grant Stabilization Program funds, and Philadelphia is scheduled to get $16 million. These stabilization funds can only be used to acquire land and property demolished or rehabilitated abandoned properties or offer down payment for closing assistance to low- and moderate-income home buyers, and we support that, but if you look at Philadelphia, the foreclosures that we're experiencing in this city are basically due to subprime lending associated with home improvement loans. And so in some neighborhoods, such as my district, we do not have a large vacancy rate and the money cannot be used for programs such as providing prevention money to homeowners so they won't go to predatory lenders and borrow money to do a roof or do a heater or do some improvement, make some improvement to their home. And so a lot of cities are experiencing just abandonment, and the cities are left to take care of the properties, cut the grass, board the houses up. And that is for some of the more urban neighborhoods across the -- in the western part of the country, but in Philadelphia and some other large cities, we have a different kind of property. So we're calling on the federal government to amend the legislation so that some of the funds can be used to help residents, such as those people who live in the Ninth Councilmanic District and the Sixth and the Fourth and yours, to stay in their homes and/or improve their homes through low-income loans or grants. So I ask my colleagues to support this resolution and I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution urging the Commonwealth of Pennsylvania to provide supplemental state funds to the federally funded Low Income Home Energy Assistance Program (LIHEAP), adopt the recommendations of the LIHEAP Advisory Committee, and spend all of available LIHEAP funds during the program year in which it was appropriated.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Good morning, Madam President, and thank you. Today I have one resolution -- two resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 10-819 of The Philadelphia Code, entitled "State of Emergency," to expand upon the measures that the Mayor may take in an emergency, prohibit the violation of orders issued in connection with the declaration of an emergency, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution proclaiming October 2008 as National Breast Cancer Awareness Month and supporting the numerous activities recognizing this effort around the country.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution also naming the 1600 block of Widener Place and the streets at the intersection of Rising Sun Avenue and Wyoming Avenue in honor of Police Officer Lauretha Vaird, Badge No. 5897.
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. (Applause.)
Thank you, Madam President. I have two corresponding bills co-sponsored by my colleagues Councilman Jones and Councilman Green.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 19-2604, relating to tax rates, credits and alternative tax computation for the business privilege tax, by providing that a portion of the tax based upon gross receipts may be taken as a credit against the tax based upon net income, and making technical amendments to Section 19-1506 of The Philadelphia Code.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 19-2604 relating to tax rates, credits and alternative tax computation for the business privilege tax, by providing that a portion of the tax based upon gross receipts may be taken as a credit against the tax based upon net income, and making technical amendments to Section 19-1506.
This bill will be referred to the appropriate committee.
And an ordinance amending Bill No. 070443, approved by Council on June 14, 2007 and signed by the Mayor on July 3, 2007, entitled "Authorizing the Archdiocese of Philadelphia, Office for Community Development, 222 North 17th Street, Philadelphia, to construct, own and maintain raised planter clusters atop the sidewalks of the 2400, 2500 and 2600 blocks of Kensington Avenue, under certain terms and conditions."
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Green.
Thank you, Madam President. I have two bills and one resolution co-introduced with Councilman O'Neill and co-sponsored by Councilwoman Quinones-Sanchez and Councilman Jones.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance establishing the form of fiscal impact statements regarding City Council legislation required pursuant to the Philadelphia Home Rule Charter.
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 an amendment to the Philadelphia Home Rule Charter to require that the Finance Director or the City Controller provide to City Council fiscal impact statements in connection with the pending Council legislation; fixing the date of a special election for such purpose.
This bill will be referred to the appropriate committee.
And a resolution proposing amendments to the Philadelphia Home Rule Charter to require the preparation of fiscal impact statements by the Finance Director or City Controller in connection with pending Council legislation.
The resolution will be referred to the appropriate committee. The Chair recognizes Councilman Jones.
Thank you, Madam President. I have two bills, three resolutions this morning.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 19 of The Philadelphia Code, entitled "Finance, Taxes and Collections," by providing for standards for actions to collect bail forfeitures, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-200 of The Philadelphia Code, entitled "City Funds Deposits, Investments, Disbursements," by adding a provision requiring the City to receive all payments in electronic form whenever electronic payment is an option.
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 4th Ward of the City of Philadelphia.
I move for the adoption of the resolution, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 4th, 34th and 38th Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution also naming the 4000 block of Mitchell Street and the streets at the intersection of 5th Street and 66th Avenue in honor of Police Officer Walter Barclay, Badge No. 1410.
I enthusiastically move for the adoption of the resolution, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. (Applause.)
The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Committee on Commerce and Economic Development to hold hearings to review the effectiveness of the City's Job Creation Tax Credit Program.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. With the Chair's permission, if I may, I arrived in Council a bit late this morning and I would like this opportunity to introduce some folks that are here this morning. It is the City Year team that is serving at the Jones Middle School. We all know the fine work that City Year does. They are to my left, and I would ask them to stand up, please. In addition, they are tutors, mentors and role models throughout the City, and in addition to the Jones School, they are also very active in neighborhoods surrounding communities like Port Richmond and Kensington. The Jones team works during the academic day with 35 students identified by principals as scoring below basic and/or both their reading and math competencies. So I'd like to take this opportunity to introduce them, along with their project manager, Jim Schroeder.
Welcome. (Applause.) COUNCILMAN DiCICCO: Thank you, Madam President, for that opportunity, and I am presenting one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled "Use of an Automatic Red Light Enforcement System to Prevent Red Light Violations," by authorizing the installation of red light enforcement systems at the intersection of South Penn Square at Broad Street.
This bill will be referred to the appropriate committee.
And a resolution also naming the 3300 block of Almond Street and the streets at the intersection of Castor Avenue and Arrott Street in honor of Police Officer Gary Skerski, Badge No. 7379.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. (Applause.) The Chair recognizes Councilman O'Neill.
Madam Chair, I'll have my resolutions ready in a minute. I pass on to Councilman Clarke.
Thank you. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing Edward and Veronica Leonard, their successors and assigns, to own, operate and maintain a one-story garage extension and entranceway steps on the east sidewalk of North Pennock 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 5th, 16th, 20th, 28th and 32nd Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. Councilwoman Blackwell, are you prepared for introduction?
Yes, ma'am. Madam President, I introduce one resolution today.
Thank you. The Chief Clerk will please read the title.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 3rd, 6th, 24th, 44th and 60th Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. Councilman O'Neill.
Yes, Madam Chair. I just want to let the Chief Clerk know if she has any trouble reading this, I've changed and modified -- I talked to the Mayor -- made the areas larger for both Officers Liczbinski and McDonald, and we didn't have time to do the reprint, so I've kind of written over it. I hope Pat can handle it.
Thank you. The Chief Clerk will please read the title.
A resolution also naming Morrell Avenue from Academy Road to Frankford Avenue and the streets at the intersection of North 17th and Dauphin Streets in honor of Sergeant Patrick McDonald, Badge No. 2831.
Madam Chair, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. (Applause.)
And a resolution also naming Claridge Street from Cottman Avenue to Faunce Street and the streets at the intersection of Almond and Schiller Streets in honor of Sergeant Stephen Liczbinski, Badge No. 486.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. (Applause.)
And an ordinance establishing a no truck parking regulation on both sides of Whitten Street between President Street, Roosevelt Boulevard, both sides of President Street between Whitten Street and Conwell Avenue.
The bill will be referred to the appropriate committee. I see that we have in our presence Commissioner Ramsey and all of the wonderful policemen that have joined us today for, I guess, what is a sad day and a happy day, that at least some of our officers are getting some recognition. I would like all of my colleagues to please stand, thank them, welcome you and thank you for all the wonderful, wonderful work you do. (Applause.) (All Councilmembers standing.)
Thank you for the wonderful, wonderful work you do, as I said earlier. We will now continue with our normal business, and the next order of business is reports from committees. The Chair now recognizes Councilwoman Tasco for a report from the Committee of the Whole.
Madam President, the Committee of the Whole reports two 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 of the Whole, to which was referred Bill No. 080744, entitled "An ordinance amending Chapter 19-2400 of The Philadelphia Code, entitled 'Hotel Room Rental Tax,' by excise tax on hotel room rentals and designating the expenditures for which such tax will be used"; and Bill No. 080745, entitled "An ordinance amending Bill No. 070994-A, approved December 21, 2007, entitled 'Authorizing the Director of Finance, Commissioner of Public Property and other officials of the City to execute either directly or through the Philadelphia Authority for Industrial Development various agreements, instruments of conveyance and other transactional documents by and among the City, the Commonwealth of Pennsylvania and the Pennsylvania Convention Center Authority, all 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.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080744 and 080745. (Duly seconded.)
It has been moved and properly seconded that all bills -- all in favor will indicate by saying aye to Councilwoman Tasco's motion. All in favor will say aye. (Aye.)
The bills just read will be placed on our First Reading Calendar for today, and the Chair recognizes Councilman Kenney for a report from the Committee on Rules.
Thank you, Madam President. The Committee on Rules favorable recommendations.
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 Rules, to which was referred Bill No. 080548, entitled "An ordinance amending Section 2 of Bill No. 050510, approved December 17, 2005, entitled 'An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Allegheny Avenue, Collins Street, Westmoreland Street and Tulip Street'"; and Bill No. 080632, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Street, Salmons Street, Berkshire Street, Richmond Street, Juniata Street and the Betsy Ross Bridge Approach"; and Bill No. 080649, entitled "An ordinance amending Section 14-1621 of The Philadelphia Code, entitled 'Passyunk Avenue Special District Controls,' by adding telemarketing as a prohibited use, 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 recognizes Councilman Kenney.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080548, 632 and 649. (Duly seconded.)
Thank you. The bills just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilwoman Krajewski for a report on the Committee on Appropriations.
Thank you, Madam President. The Committee on Appropriations reports one bill out 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 Appropriations, to which was referred 080743, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2009 from the Grants Revenue Fund, the Director of Finance Provision for other grants to the General Fund, the Director of Finance Indemnities," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill 080743. (Duly seconded.)
It has been moved and properly seconded. All in favor will indicate by saying aye. (Aye.)
The bill just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.
Thank you, Madam President. The Committee on Public Property and Public Works reports two bills with favorable recommendations.
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. 080585, entitled "An ordinance authorizing the Commerce Director and the Commissioner of Public Property to acquire an approximately 17 vicinity of Island Avenue, Penrose Avenue and Escort Street"; and Bill No. 080636, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to convey fee simple title to a certain property located in the vicinity of 61st Street and Eastwick Avenue," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended so as to allow first reading this day of Bill Nos. 080585 and 080636. (Duly seconded.)
It has been moved and properly seconded. 10/23/08 - STATED - 1ST READING All in favor will indicate by saying 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. 080744, an ordinance amending Chapter 19-2400 of The Philadelphia Code, entitled "Hotel Room Rental Tax," by providing for an additional excise tax on hotel room rentals and designating the expenditures for which such tax will be used.
And Bill No. 10/23/08 - STATED - 1ST READING 080745, an ordinance amending Bill No. 070994-A, approved December 21, 2007, entitled "Authorizing the Director of Finance, Commissioner of Public Property and other officials of the City to execute either directly or through the Philadelphia Authority for Industrial Development various agreements, instruments of conveyance and other transactional documents by and among the City, the Commonwealth of Pennsylvania and the Pennsylvania Convention Center."
And Bill No. 080548, an ordinance amending Section 2 of Bill No. 050510, approved November 17, 2005, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Allegheny Avenue, Collins Street, Westmoreland Street and Tulip Street."
The 10/23/08 - STATED - 1ST READING Chair agrees.
And Bill No. 080632, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Thompson Street, Juniata Street, Salmons Street, Berkshire Street, Richmond Street and the Betsy Ross Bridge.
And Bill No. 080649, an ordinance amending Section 14-1621 of The Philadelphia Code, entitled "Passyunk Avenue Special District Controls," by adding telemarketing as a prohibited use.
And Bill No. 080743, an ordinance authorizing transfers in appropriations for Fiscal Year 2009 from the Grants Revenue Fund, the Director of Finance - Provision for 10/23/08 - STATED - 1ST READING other grants to the General Fund.
And Bill No. 080585, authorizing the Commerce Director and the Commissioner of Public Property to acquire an approximately 17 acre property in the vicinity of Island Avenue, Penrose Avenue and Escort Street.
And Bill No. 080636, an ordinance authorizing the Philadelphia Authority for Industrial Development to convey fee simple title to a certain property located in the vicinity of 61st Street and Eastwick Avenue to the Philadelphia Regional Port Authority.
And Bill No. 080573, an ordinance amending Chapter 19-2600 of The Philadelphia Code, 10/23/08 - STATED - 2ND READING entitled "Business Privilege Taxes," by expanding the program under which a credit against business privilege taxes is given to certain businesses that contribute monies to community development corporations undertaking economic development activities within the City of Philadelphia.
The Chair agrees. The Chair now recognizes Councilwoman Tasco 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. 080468-A, 080490, 080627, 080634, 080784 are being called up for second reading and final passage, and Bill 080167 will be amended.
All other 10/23/08 - STATED - 2ND READING bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 080468-A.
An ordinance amending Section 9-1103 of The Philadelphia Code, entitled "Unlawful Employment Practices," and enacting a new Chapter 9-3200, entitled "Entitlement to Leave Due to Domestic or Sexual Violence."
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call -
Thank you, Madam President. I just want to 10/23/08 - STATED - 2ND READING speak briefly on this bill, if I may. I believe as elected officials one of our duties is to protect the interests of those most voiceless and powerless in our city, and despite the efforts of so many in the advocate community, including those who were honored last week and many of whom have come back today and sit behind me, victims of domestic abuse too often fall under the category of the powerless. This bill before us today gives at least some help to those people. By providing a period of unpaid -- repeat -- unpaid leave for documented -- repeat again -- documented abuse victims, we are ensuring that these individuals can at least attend to their health, safety and legal needs and not risk losing their jobs. We have been careful to take steps that this law would not be overly burdensome to businesses. And it's noteworthy that since this bill has been 10/23/08 - STATED - 2ND READING introduced -- we've had hearings, it's been publicized, whatever -- that I've only heard from a couple of people who have a problem with this bill, just a couple, and I understand from other colleagues the same with them. And when I raised that with one person today, one of those few people, when they were trying to get me to hold up this bill one last time and I said, I haven't really heard opposition, she mentioned to me, Well, the people who are opposed to it are afraid to bring up their opposition. They're afraid of the advocate community and speaking out against them. Obviously they're very fearsome people back here with their black shirts, but... And I thought it was extremely ironic, Madam President, that the word "fear" would be used, because they have nothing -- the business community or anybody that might have a problem with this really doesn't have anything to fear. Other cities, other states have 10/23/08 - STATED - 2ND READING done this. We have found zero evidence of misuse by workers. Zero. But let me tell you what real fear is, in my opinion. Real fear is a woman sitting maybe somewhere in the City of Philadelphia right now cowering in her place of business knowing that she's going to go home tonight and be abused because she can't get out to a court proceeding today, or embarrassed in her place because she can't get to the doctor to take care of medical treatment as a result of being abused. That's real fear, Madam President. That's not manufactured fear. That's not made up fear. That's real, and I think we all know people that have gone through that. And I think this bill is simply the right thing to do, particularly during this month of Domestic Violence Awareness. I thank the members of Council who have already committed to support this legislation. I thank the members of the advocate community, and I have to 10/23/08 - STATED - 2ND READING make special mention of Carol Tracy, Executive Director of the Women's Law Project, who sent a letter that everybody has received, for all their support, and I respectfully urge all my colleagues to approve this very needed bill. Thank you, Madam President.
Thank you. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. (Applause.)
The Chief Clerk will please read the title of Bill No. 080167.
An ordinance amending Title 6 of The Philadelphia Code, entitled "Health Code," by adding a new section requiring that chain restaurants and retail food establishments make available certain nutrition information for food and 10/23/08 - STATED - 2ND READING beverage items offered for sale.
Thank you, Madam President. The amendments, along with an explanation/back-up material, has been circulated. I move for the adoption of the amendments. (Duly seconded.)
It has been moved and seconded that the amendments as circulated by Councilwoman Brown be adopted. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Chief Clerk will please read the title of Bill No. 080490.
An ordinance authorizing the revision of lines and 10/23/08 - STATED - 2ND READING grades on City Plan No. 44 by striking from the City Plan and vacating Race Street from 33rd Street to 34th Street.
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.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 080627.
An ordinance amending Section 19-203 of The Philadelphia Code, entitled "Payroll Deductions," to add the Correctional Peace Officers Foundation to the list of designated payees.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 10/23/08 - STATED - 2ND READING call the roll.
Aye. The ayes are 17; the nays are 10/23/08 - STATED - 2ND READING zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 08064.
An ordinance further amending Bill No. 070368, entitled "An ordinance approving the Fiscal Year 2008 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works."
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 10/23/08 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Resolution No. 080784.
A resolution amending Resolution No. 080001, which provides Rules for the Government of the 10/23/08 - STATED - 2ND READING Council of the City of Philadelphia, by adding procedures for Council's consideration of bills that authorize the City to acquire, convey or lease to a third party any interest in real estate that includes park or recreation land or facilities.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. That concludes our Calendar for on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I rise to talk about an issue that is very, very important to all of us and especially to me, and that is that of homelessness. Just this week -and I mean no disrespect to my colleagues Councilman DiCicco and Councilman Clarke, because it involves their issue, but the Center City District, led by Paul Levy, decided to create a situation to not allow for panhandling. Madam Chair, many of us have been around long enough to know we tried this before. They're coming up with meters again asking people They'll collect a few thousand, if they're lucky, in a year, which will go to great groups, groups like Sister Mary Scullion for Project HOME; Bethesda Project; Ready, Willing and Able; the Mental Health Association; Center City District for training workers; and Self, Inc. So we agree with all those fine organizations who receive them, maybe a matter of a few hundred dollars each, but, Madam Chair, I submit that if we have a recession in most of the world, what do you call it for the homeless community? I submit that we have laws on the books to deal with aggressive panhandling. We've been through this over the years. So there is all that we need to be. I submit that nobody wants homeless people on the street. Nobody wanted them at Rittenhouse Square. Nobody wants people to defecate in the of that. Nobody wants people to have to feed or have to eat on the streets. All of us realize that's not the optimum way to treat homeless people, people in need or people who are just having a hard time. But to submit to this again -- and it's only in the Center City District boundaries -- to advocate, there will be signs on buses, on TV, all of this PR. They'll spend more to -- there will be more money spent to advertise this than there would be any to gain to help anybody. I think it's not the way to go. Back in August we had a press conference and we submitted a four-point plan, with two additional plans, and we asked the Administration to consider those things. If we want people not to be on the streets, then we have to modify how we deal with them and what services we offer them. We have to literally bring them in, offer them services. Those who it, offer them treatment. Have them in during the day, have cafes at night and the other things that we asked for. So I submit, Madam President, that obviously it wasn't and hasn't been submitted in a bill. It has been a Center City District initiative. And, again, I call on this Administration to deal with this issue in a better, more humane way and to help us absolutely treat people, help get them off the streets and do it in a positive way that would be better for everybody in this city, state and this country. Thank you very much.
Thank you, Madam President. First of all, I want to speak on two issues. First I want to congratulate Councilman Greenlee, who has domestic abuse issue, and I'm just proud to have been a co-sponsor of that. So I want to thank you for all your work there and congratulate you on getting this done today. Secondly, I co-introduced today with Councilman O'Neill what I consider to be a best practice that is happening around the country. What we propose is a fiscal impact statement for the legislation that we propose out of this body so that we understand the short-term and long-term impact on the Five-Year Plan of legislation we propose. They currently have impact statements in Los Angeles; San Francisco; Bloomington, Indiana; Charlottesville, Virginia and many other cities. Based on my conversations with the Finance Director, I'm very hopeful that we'll have cooperation from the Administration, and I look forward to considering this measure as it comes before Council.
Thank you. Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, October 30, 2008, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, October 30th. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:05 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 October 23, 2008, 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.)