Stated Meeting, December 4, 2008

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 4, 2008 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 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, everyone. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Father Yacobi, Pastor of Saint Johns the Evangelist. He is here today as my guest. I would ask all members and guests to please rise. (Members and guests rise.)

God of all times and every season, we ask your blessing on this gathering of your servants. In a time of growing darkness, we seek your light. And we ask you in this time of transition, to give us hearts for steadfast service. In this the future, to be people with a vision of hope. In a time of diminished economy, give us a spirit of generous service. Help us to uphold the sacred trust that your people have placed in us, with your gifts of wisdom, knowledge, right judgment, courage, understanding, reverence and wonder, that we may all know your gentle but constant presence and divine providence, especially for those most in need of our care. Amen. (Amen.)

The Chair thanks Father Yacobi for his invocation. Thank you so much, Father. Council will be at ease. (Council at ease.)

The next order of business is the approval of the Journal of the meeting of Thursday, November 20, 2008, and the Chair Tasco.

Thank you, Madam President. I move that the Journal of the meeting of Thursday, November 20, 2008 stand approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of Thursday, November 20, 2008 stand approved. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the Journal is approved. The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Tasco.

Thank you, Madam President. There are no requests 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 leave of absence.

Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We invite you to come again. At this time, the Chair recognizes Councilwoman Tasco, who will the career of Burt Siegel. Will Mr. Siegel and those accompanying him please join the Councilwoman at the podium.

Good morning. This resolution is bittersweet. This gentleman and I go back many, many years.

Longer than we would like to remember.

Longer than we would like to remember. But he has really served the Philadelphia community very well in his leadership in the City, and I am honored to present this citation honoring the career of Burt Siegel. Whereas, the Council of the City of Philadelphia is pleased and proud to honor Mr. Burt Siegel for his several years of civic and community service to the citizens and institutions of the City of Philadelphia through his outstanding of community and human relations; and Whereas, Burt Siegel was born in Bayonne, New Jersey in 1943 -- I don't know why they put that in there -- and attended Rutgers University, where he majored in History and received a Master's in Sociology and Education, and he came to Philadelphia in 1970 to work for the Southeast Regional Office of the American Jewish Committee, and since 1973, Mr. Siegel has been working for the Jewish Community Relations Council of the Jewish Federation of Greater Philadelphia; and Whereas, in his career with the Jewish Community Relations Council, Mr. Siegel has served as its first Director of Urban Affairs, then Associate Executive Director, and for the past 13 years, Executive Director, and in this capacity, he has been one of the region's most recognized and honored advocates for the promotion of better relations between communities; and Whereas, Mr. Siegel was appointed by three mayors to serve on the City's Commission on Human Relations and has served with distinction on this body for 16 years, of which the last eight he has served as Vice-Chairman, and he has served on numerous committees, advisory boards and task forces of the City of Philadelphia and the School District of Philadelphia dealing with issues ranging from the quality of public education, curricula development, school safety and intergroup tension; and Whereas, Mr. Siegel has taught at both the college and secondary school levels and has completed ten years of teaching at a congregational Hebrew high school. He has also been an instructor at the Philadelphia Police Academy and has been a guest lecturer and scholar in residence in the United States, Canada, Israel and Germany on a wide range of issues, including Christian-Jewish relations, Black-Jewish relations, race relations, the American Jewish political agenda, Anti-Semitism, Israel in the Mind of America, Jews in Film and Jews in Baseball; and Whereas, Mr. Siegel has been published in the Philadelphia Inquirer, Philadelphia Daily News, the Catholic Standard and Times, the Philadelphia Tribune, the Reconstructionist Magazine, the Jewish Exponent and Sing Out Magazine. He has appeared on numerous radio and television programs in Philadelphia, New York and Israel and has been on the BBC several times to discuss the concerns of American Jews; and Whereas, Burt Siegel has also served on various policy and community boards, councils, coalitions, committees and commissions, including the Philadelphia Bar Association's Commission on Judicial Selection and Retention, Fellowship Farm, Darfur Alert Coalition, CeaseFire Pennsylvania, Jewish Council on Affairs, Jewish Social Action Policy Network and the Administrative Committee of Religious Leaders Council; and Whereas, Mr. Siegel is a founding member and the second President of Reconstructionist Congregation or Hadash in Fort Washington, Pennsylvania and has received several awards and accommodations from numerous agencies and organizations, including, but not limited to, the Southeast Pennsylvania Chapter of the NAACP, the B'nai B'rith Educators, the Philadelphia Commission on Human Relations, the Japanese American Citizens League, the Black Clergy of Philadelphia and Vicinity, the Association of Jewish Holocaust Survivors and Shomrim, the Jewish law enforcement professionals' association.

Now therefore be it resolved, by the Council of the City of Philadelphia, that we hereby recognize and congratulate Mr. Burt Siegel for his and community service to the citizens and institutions of the City of Philadelphia through his outstanding career in the field of community and human relations. Further resolved, that an engrossed copy of this resolution be presented to Mr. Burt Siegel as evidence of the sincere sentiment of this legislative body. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 18th day of September 2008. Signed by President Verna, introduced by Marian Tasco and supported by all members of City Council. We congratulate you, Burt. We thank you for your hard work, and we're going to miss you very much. Thank you. )

The for remarks.

Madam President, honorable members of City Council and friends -- although, I must say there is a good bit of overlap between those categories, as I'm proud to call so many Councilmembers my friends -- I've had the distinct honor of working with many of you over the years. As I look out at the Councilpeople in this Chambers today, I can't help but notice that I've also had the honor of working with the father of several Councilmembers. You do know a lot of people over 35 years. Let me thank you from the bottom of my heart for this resolution recognizing my career with the Jewish Community Relations Council of the Jewish Federation. As many of you know, throughout the almost 70 years of JCRC's existence, it's been the voice of the organized community on public policy, human rights and human relations issues. It has also been the hand that has religious, racial and ethnic lines to help make sure that our beloved city remains the City of Brotherly Love and Sisterly Affection. I'm proud of the role I've been able to play in this regard. I'm also proud of the opportunities that I've had to appear before this body to testify on a wide range of issues so important to Philadelphians, ranging from adequate funding for our public schools, our efforts to reduce gun violence, improve services for our elderly, and domestic partnership legislation. I've also sat in these Chambers when history was being made, such as the election in 1980 of Councilman Joseph Coleman as the first African-American President of this body and of the current Council President, President Verna, when she was elected as the first woman to that post in the year 2000. I've been here to introduce the Ambassador of the State of Israel to the I've watched on as pride as you passed important resolutions opposing apartheid in South Africa, the genocide in Darfur and terrorism directed against the people of Israel. I also had the distinct honor of participating as a speaker in the memorial service for Councilman David Cohen held in this Chamber in which he had sat for so many years. This body is composed of hard-working men and women who are united by one goal; that is, to make sure that all the people of our city are both heard and served. Certainly the current financial crisis makes your job all the more difficult, but I'm confident that our city government, working hand in hand in partnership with many of the not-for-profit organizations such as my own that serve the City, will continue to meet our people's needs with dedication, skill and compassion. While I will no longer be at JCRC, I say with full confidence that Adam Kessler, my able successor, and Robin Schatz, our Director of Government Affairs, are, as I always was for so many of you, just a phone call away. Thank you so much. (Applause.)

Council will be at ease. (Council at ease.)

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today I would like to introduce some special guests who are in our Chambers. They are from the Montessori Genesis II School. Their teacher and director is Ms. Eleanor Childs.

If they would stand, we would like to recognize you. Please stand. Welcome. (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 pleased to advise you that on December 3, 2008, I signed the following bills that were passed by Council at its session on November 13, 2008: Bill No. 080376 and Bill No. 080622-A.

Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.

That's all I have, Madam President.

Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.

Could you skip me for a minute, Madam President.

Thank you. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today I introduce one resolution.

Thank you. The Chief Clerk will please read the title of the resolution.

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 24th Ward of the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell for a motion on the resolution.

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

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

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kenney.

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

Thank you. The Chair recognizes Councilman Greenlee.

Thank you, Madam President. I offer one bill today.

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

An ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by amending Section 22-202, entitled "Membership After Transfer of Employment," by allowing any police or fire employee, appointed to the position of Commissioner or Deputy Commissioner of the Police or Fire Departments, to retain membership in the retirement plan covering such member's prior employment.

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

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

Thank you. 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 two resolutions.

Thank you. The Chief Clerk will please read the title of the first resolution.

A resolution recognizing, honoring and celebrating Thomas "Tommy" Hilfiger for his many contributions and philanthropic endeavors, such as his role as a member of the Executive Leadership Cabinet for the Washington, D.C. Martin Luther King, Jr. National Memorial.

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.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted.

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 11th and 13th Wards of the City of Philadelphia.

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.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.

Thank you, Madam President. I offer one resolution co-sponsored by my colleagues Jones, Green, Reynolds Brown, Krajewski, Goode, Rizzo, Blackwell, Clarke, Miller and Kelly, and I'd like to speak to it before we vote.

Thank you. The Chief Clerk will please read the title of the resolution.

A resolution urging Mayor Nutter to delay closing any City libraries to allow time for further analysis of the issue, to secure alternative funding sources, and to explore operational and administrative alternatives that would allow the Free Library of Philadelphia to maintain a physical presence at all of its current locations, and authorizing the Committee on Education to hold hearings regarding the proposed library branch closures and alternatives thereto.

The Chair recognizes Councilwoman Sanchez.

Thank you, Madam President. I want to go on the record that although I am not losing a library today, I may in the next budget discussions. We all know that we are facing deep financial situations, and I am encouraged by the fact that the Mayor is working with District Council folk to figure out what the alternatives are in their districts. That said, I really believe that any public closure warrants more discussion, more deliberation, and, therefore, I am doing this in support of trying to help the Mayor reach his end goal through more dialogue. Thank you. (Applause.)

Thank you. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I want to go on the record saying that I love pools, I love libraries, I love firefighters, I love engine companies and I love ladder companies, and I wish that the Mayor was not forced to do some of the things he has to do in this time of world economic crisis. And I'll say it again, because apparently as many times as I say it, it doesn't seem to sink in. I made a commitment to try to help this Administration get through this crisis. We elected the Mayor. He is in charge. He has, with analysis from his Administration, made these suggestions. Sometimes in a crisis you need to be in the foxhole together and trying to work our way through it. And while I'll be voting no on this resolution, I think we all need to commit ourselves to not misleading people into thinking that this resolution is going to change anything and stop trying to trip up the Administration in the very difficult choices that they need to make to get us where we want to be. So I will be voting no.

Thank you. The Chair recognizes Councilman Greenlee.

Thank you, Madam President. Madam President, nobody in Council wants to see any library closed. I firmly believe the Mayor does not want to see any library closed. But we all have to acknowledge the serious budget problems that we face that Councilman Kenney alluded to. Certainly on a personal note, it particularly pains me to see the Cohen-Ogontz branch as one of the proposed closures. Besides working for Councilman Cohen, the first bill I introduced, along with Councilwoman Miller, named that library. I certainly understand the feelings behind the resolution, that we have to do something, but I really feel it gives the wrong impression to people, and I want to emphasize, as Councilman Kenney did, to everybody that's listening here -- and I guess those of us who are not supportive of this resolution will take a hit, but we don't want to give the wrong impression -- and I think this resolution unfortunately does -- that something is going to change because we do it, and I really honestly don't feel it will. I think the Mayor has made his feelings pretty clear. He did say he's going to try to keep the buildings functional in some sort, but I think to pass this resolution I think sends the message that we're doing something when I honestly, even though the intentions may be good, that we're really not. And unless we can show tangible, real proof that we have something to keep these libraries open, I really don't think the resolution serves the purpose that it needs to do, with all due respect to the sponsors of it. So, again, I want to emphasize, I am certainly, as is nobody in here, against -- or for closing any libraries, but I think we have to send the proper message, and with all due respect, I don't think this resolution does that, and I also will be reluctantly but I will be voting no on the resolution. Thank you.

Thank you. The Chair recognizes Councilwoman Sanchez.

Thank you. I move for the resolution to be adopted.

I believe there are other Councilmembers that wanted to be recognized. Councilman Green.

Thank you, Madam President. This resolution does something very simple. It asks for time for more deliberation, for more information so that, as Councilwoman Sanchez said, we can work with the Administration through hearings to understand the situation and to propose alternatives. We're asking for time and we're asking for hearings. This body's job is to provide oversight over the Administration in good times and bad, to look at the choices people are making and see if there are alternatives to those choices that represent the will of this body. It is very important for us to deliberate, to work to have these hearings, to get the information that we have requested of the Administration so that we can propose viable alternatives to the library closures. There are viable alternatives, and we will be discussing them at the hearings. Thank you. (Applause.)

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today I rise to say thank you to the Mayor. It is obviously not too late. No books have been removed from libraries, and no libraries have yet been closed. In fact, we have a town meeting at the 51st and Kingsessing, which is one of the libraries on the list to be closed, on December 16th. It's not too late. And as long as there is hope, then we need to do our jobs to try to do what we can in this situation. I started my remarks by saying I wanted to say thank you to the Administration, because we are blessed. I do represent a district that has a lot of institutions and universities and hospitals, and Drexel is represented here today. We are trying to do what we can to help support the Charles L. Durham Library, and we have these youngsters who I introduced. These little tiny tots who are back here today rose and they were introduced from the Montessori Genesis II School with their director, Ms. Childs. They're here with their little library signs, because they represent that library. And as I've said in the past, we've worked hard to turn Mantua around. We're blessed that we believe we have. It doesn't break all the rules for poverty and infant mortality and death and murder and the Lex Street murders and such, but this library, for us this center has a gem. It has a library. It has public meeting rooms. We just muralized it. United Way just fixed up a whole room. And so I said again the third time thank you to the Administration, because we are meeting about it to see what we can do. There is hope for some libraries at least, if not all. And so I think that maybe hopefully we can get some of this done and we won't have to have public hearings, but should we need them to discuss the matter further, what harm can there be in people saying they love their libraries and they want to keep them open? That's not mean-spirited. That's not a wrong signal. That's a positive signal. That is a signal of hope and a signal that we care about our districts and that we're willing to do anything that we can to keep our libraries open. Thank you, Madam President.

Thank you. (Applause.)

The Chair recognizes Councilman Jones.

Thank you, Madam President. I too rise to say first that I have absolute respect for my colleagues who today choose not to vote for this resolution. They are men and women of conviction. They are men and women that have thought very hard about this issue and have taken a principle stance in the direction that they feel comfortable with. But I do take exception to the idea that we are being misleading or that we are being against the Administration. I support the Mayor. I support his tough choices ahead, but I do disagree as to how we arrive at the decisions. I do believe that hope is not misleading and that discussion should always be encouraged. At the end of the day, he will be the quarterback. At the end of the day, he will make the decision. And at the end of the day, we will continue to support this Administration. But while we're in the huddle, we reserve the right to disagree with the play. Once the play is called, we will execute the play. But we want to keep our libraries open. Yesterday we had a painstaking hearing dealing with a corporation called Verizon and questioning what their contribution would be to the City of Philadelphia. There are always options. There are always choices that we as a body and as an Administration can make, and the only thing that this resolution does is not try to trip the Mayor up, but try to give him more options to think about as he finally makes his decision. Thank you, Madam President.

You're welcome. (Applause.)

The Chair recognizes Councilwoman Sanchez for a motion.

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

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

Those opposed? (No.)

Roll call.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: No.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

No.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

No.

Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye.

Councilwoman Tasco.

No.

Council President Verna.

No.

The nays are five; the ayes are 12. The resolution is adopted. (Applause.)

The Chair recognizes Councilman Green.

Thank you, Madam President. I have one resolution today.

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

A resolution urging Congress and President of the United States of America to support a loan to the American automotive industry to prevent them from going bankrupt, which will result in the loss of millions of American jobs.

The Chair recognizes Councilman Green.

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.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Jones.

No bills or resolutions, Madam President.

Thank you. The Chair recognizes Councilman Goode.

Thank you, Madam President. I offer one resolution today.

Thank you. The Chief Clerk will please read the title of the resolution.

A resolution authorizing the Committee on Transportation and Public Utilities to hold hearings regarding the Philadelphia Transit System Lease between the City of Philadelphia and the Southeastern Pennsylvania Transportation Authority, and authorizing the Committee to issue subpoenas to compel the attendance of witnesses and the production of documents and other evidence.

The Chair recognizes Councilman Goode.

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

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

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. I offer one resolution this morning.

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

A resolution authorizing City Council's Committee on the Environment and the Committee on Parks, Recreation and Cultural Affairs to hold joint public hearings to investigate the steps the Barnes Foundation is currently taking regarding the use of Green Building technologies and practices.

The Chair recognizes Councilwoman Brown.

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

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

Those opposed? (No response.)

The ayes have it, and the resolution will be referred to the appropriate committees. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill that was co-sponsored by my colleagues Councilmen Kenney and Clarke.

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 Automated Red Light Enforcement System to Prevent Red Light Violations," by authorizing the installation of red light enforcement systems at certain additional locations and conforming the Code to state law standards with respect to the recording of violations, all under certain terms and conditions.

This bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.

Madam President, I offer one resolution.

Thank you. The Chief Clerk will please read the title of the resolution.

A resolution honoring George Washington High School Football Team on winning the City Championship.

The Chair recognizes Councilman O'Neill.

I move the adoption. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chair recognizes Councilman Clarke.

Thank you, Madam President. Madam President, I have four bills, two of the bills co-sponsored by Councilman DiCicco and myself.

Thank you. The Chief Clerk will please read the title of the bills.

An ordinance amending Chapter 19-1400 of The Philadelphia Code, entitled "Realty Transfer Tax," by providing for a rebate of a portion of the tax paid on transactions during calendar year 2009.

The bill will be referred to the appropriate committee.

And an ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," by providing that a portion of realty transfer tax paid may be taken as a credit against real estate taxes, all under certain terms and conditions.

This bill will be referred to the appropriate committee.

And an ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," by reducing the amount of real estate taxes to be exempted from certain improvements to, or construction of, certain residential, commercial, industrial or other business properties, under certain terms and conditions.

The bill will be referred to the appropriate committee.

And an ordinance amending Title 9 of The Philadelphia Code by amending Section 9-203 relating to Street Vendors and Section 9-205 relating to Sidewalk Sales, by prohibiting street and sidewalk vending on certain portions of Spring Garden Street.

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

Madam President, no bills or resolutions today.

Thank you. The Chair recognizes Councilman Rizzo.

Madam President, no bills or resolutions today.

Thank you. The next order of business is reports from committees. The Chair recognizes Councilwoman Tasco for a report from the Committee of the Whole.

Madam President, the Committee of the Whole reports two bills and two resolutions 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. 080857, entitled "An ordinance amending Title 12 of The Philadelphia Code, entitled 'Traffic Code,' to revise the fees for the use of parking meters in certain locations"; and Bill No. 080875, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to convey to the Philadelphia Authority for Industrial Development the parcels of land owned by the City in Pike and Monroe Counties, Pennsylvania that were formerly used by the City to operate Camp William Penn"; and Resolution No. 080911, entitled "A resolution appointing Gary S. Brandeis to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion"; and Resolution No. 080912, "Reappointing Michael Woodward to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion," respectfully reports it has considered the same and returns the attached bills and resolutions to Council with a favorable recommendation.

Thank you. The Chair recognizes Councilwoman Tasco.

I move that the rules of Council be suspended so as to permit first reading of these bills today, 080857 and 080875. (Duly seconded.)

It properly seconded. All those in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The bills just read will be placed on our First Reading Calendar for today. Resolution Nos. 080911 and 080912 will be considered at the end of today's Calendar. The Chair recognizes Councilman Kenney for a report from the Rules Committee.

Thank you, Madam President. The Committee on Rules reports four 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 Rules, to which was referred Bill No. 080588, 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 Arch Street, 18th Street, Cuthbert Street and 19th Street"; and Bill 080837, entitled "An ordinance amending Section 14-304 of The Philadelphia Code, entitled 'C-3 Commercial District,' by amending the floor area requirements for hotels"; and Bill No. 080874, 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 Tacony Street, Homestead Street, Milnor Street extended and Dark Run Lane"; and Bill No. 080877, entitled "An ordinance to amend the Philadelphia the zoning designations of certain areas of land located within an area bounded by Girard Avenue, Front Street, Spring Garden Street and 6th Street," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.

The Chair recognizes Councilman Kenney.

Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080588 and 080837. (Duly seconded.)

It has been moved and properly seconded. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The bills just read will be placed on our First Reading Calendar for today. Bill Nos. 080874 and 080877 will be placed on our First Reading Calendar for our next session of Council. The Chair now recognizes Councilwoman Tasco for a report from the Committee on Finance.

Madam President, the Committee on Finance 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 on Finance, to which was referred Bill No. 080851, entitled "An ordinance amending Section 19-203 of The Philadelphia Code, entitled 'Payroll Deductions,' to add the Association for Handicapped Children and the Philadelphia Fire Department Historic Corporation"; and Bill No. 080882, entitled "An ordinance amending Chapter 19-3200, entitled 'Keystone Opportunity Zone and Economic Development District,' by providing for additional properties to be added to certain subzones," 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 Tasco.

I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080851 and 080882. (Duly seconded.)

It has been moved and properly seconded. indicate by saying aye. (Aye.)

Those opposed? (No response.)

The bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilwoman Krajewski for a report from the Committee on Appropriations.

Thank you, Madam President. The Committee on Appropriations reports three bills 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 080897, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Aviation Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions"; and Bill No. 080898, an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund to certain or all City offices, departments, boards and commissions"; and Bill No. 080899, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Water Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

The

Thank you. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080897, 080898 and 080899. (Duly seconded.)

It has been moved and properly seconded. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The bills 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 five recommendation.

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. 080319, entitled "An ordinance naming and designating Public Health Center 9 located 131 East Chelten Avenue as the 'Mattie L. Humphrey Health Center'"; and Bill No. 080835, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, for the City's use of certain office space located 1101 Market Street"; and Bill No. 080838, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to transfer to the Philadelphia Authority for Industrial Development a certain parcel of land 1433-35 Poplar Street"; and Bill No. 080876, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into a second amendment to an existing lease for the City's use of certain space located 4000 North American Street"; and Bill No. 080896, entitled "An ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land, with the improvements thereon, in an area bounded by 46th Street, Market Street, Haverford Avenue and 48th Street, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

The Chair recognizes Councilman Clarke.

I move that the rules of Council be suspended so as this day of Bill Nos. 080319, 080835, 080838, 080876 and 080896. (Duly seconded.)

It has been moved and properly seconded. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports 20 bills out with a favorable recommendation.

The Chief Clerk will please read the report.

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. 080623, entitled "An ordinance amending Section 11-611 of The Philadelphia Code, entitled 'Sidewalk and Roadway Lane Closures,' by amending the provisions regulating the application for and issuance of permits for the temporary closure of sidewalk or roadway lanes"; and Bill No. 080624, entitled "An ordinance amending Title 4 of The Philadelphia Code, including provisions relating to the protection of pedestrians, all under certain terms and conditions"; and Bill No. 080757, entitled "An ordinance amending Section 2 of an ordinance, Bill No. 060317, approved September 28, 2006, by extending the period for compliance with the terms and conditions stated therein"; and 080760, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307 by relocating the westerly curb line and house line of 15th Street between Arch Street and Cherry Street"; and Bill No. 080761, entitled "An ordinance granting permission to Howard Foreman, owner of the Island Caribbean Restaurant, 1138 to 44 Rising Sun Avenue"; and Bill No. 080794, entitled "An ordinance amending Section 2 of an ordinance, Bill No. 030681, approved December 18, 2003, by deleting the requirement that the terms and conditions stated therein be complied with within a certain time period"; and Bill No. 080796, entitled "An ordinance amending Bill No. 070443, approved by Council on June 14, 2007 and signed by the Mayor on July 3, 2007, by authorizing an extension in the time in perform its obligation under the ordinance"; and Bill No. 080803, entitled "An ordinance establishing a no truck parking regulation on both sides of Whitten Street"; and Bill No. 080804, an ordinance authorizing Edward and Veronica Leonard to maintain a one-story garage extension and entranceway steps on the east sidewalk of North Pennock Street adjacent to their property located 2718 Brown Street"; and Bill No. 080833, entitled "An ordinance authorizing the construction of storm water sewers and appurtenant work in Delaware Avenue from Lewis Street to Orthodox Street"; and Bill No. 080834, entitled "An ordinance amending Section 9-205 of The Philadelphia Code, relating to Sidewalk Sales, by prohibiting sidewalk sales on Cheltenham Avenue within the Ninth District"; and 080836, entitled "An ordinance authorizing the Archdiocese of Philadelphia to construct, own and maintain a marquee canopy at the Saint John Evangelist House, 1211 to 1213 Clover Street"; and Bill No. 080852, entitled "An ordinance authorizing Kevin Goodchild to construct, own and maintain an open-air sidewalk cafe and planters at 9236-9244 North Delaware Avenue"; and Bill No. 080880, entitled "An ordinance authorizing the installation of all-way stop signs at the intersection of 22nd Street and Cherry Street"; and Bill No. 080883, entitled "An ordinance amending Sections of an ordinance, Bill No. 080383, approved June 5, 2008, by extending the period of compliance and revising the extent of the encroachment"; and Bill No. 080900, entitled "An ordinance authorizing the revision of lines and grades on a portion of City 314 and 356 by placing on the Plan an extension of Tinicum Boulevard from its existing terminus at 86th Street to Bartram Avenue"; and Bill No. 080902, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 231 by striking from the City Plan certain unopened portions of Umbria Street from Leverington Avenue to Wright Street"; and Bill No. 080903, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No.

297 by relocating, widening and extending Keely Street from Henry Avenue northwesterly and placing on the City Plan a cul-de-sac turnaround"; and Bill No. 080904, entitled "An ordinance amending Section 12-901 of The Philadelphia Code by permitting the overnight parking of commercial vehicles on the 600 block of Cheswick Road"; and Bill No. 080905, entitled "An Regional Port Authority, the owner and developer of 1901 South Christopher Columbus Boulevard, and its successors and assigns to construct, own and maintain various encroachments to be installed in conjunction with a warehouse development, 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 DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so that the bills that have just been read and reported from committee be deemed to have had a first reading and that such bills be placed on the Second Reading and Final Passage Calendar for the next session of Council, with the exception of the following bills: 080883, 080900, 080902 and 080903. (Duly seconded.)

It has been moved and properly seconded. All those 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 our Second Reading and Final Passage Calendar for our next session of Council, with the exception of Bill Nos. 080833, 080900, 080902 and 080903. These bills will be placed on our First Reading Calendar for our next session of Council. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar. 12/4/08 - STATED - 1ST READING

Bill No. 080758, an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by creating a new Chapter relating to energy conservation, all under certain terms and conditions.

The Chair agrees.

And Bill No. 080857, an ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," to revise the fees for the use of parking meters in certain locations, all under certain terms and conditions.

The Chair agrees.

And Bill No. 080875, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to convey to the Philadelphia Authority for Industrial Development the parcels of land owned by the City in Pike and Monroe 12/4/08 - STATED - 1ST READING Counties."

The Chair agrees.

And Bill No. 080588, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Arch Street, 18th Street, Cuthbert Street and 19th Street.

The Chair agrees.

And Bill No. 080837, an ordinance amending Section 14-304 of The Philadelphia Code, entitled "C-3 Commercial District," by amending the floor area requirements for hotels.

The Chair agrees.

And Bill No. 080851, an ordinance amending Section 19-203 of The Philadelphia Code, entitled "Payroll Deductions," to add the Philadelphia Police and Fire Association 12/4/08 - STATED - 1ST READING for Handicapped Children and the Philadelphia Fire Department Historic Corporation.

The Chair agrees.

And Bill No. 080882, an ordinance amending Chapter 19-3200, entitled "Keystone Opportunity Zone and Economic Development District," by providing for additional properties to be added to certain subzones.

The Chair agrees.

And Bill No. 080897, an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Aviation Fund to certain or all City offices, departments, boards and commissions.

The Chair agrees.

And Bill No. 080898, an ordinance authorizing transfers in appropriations for Fiscal 12/4/08 - STATED - 1ST READING Year 2008 within the General Fund to certain or all City offices, departments, boards and commissions.

The Chair agrees.

And Bill No. 080899, an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Water Fund to certain or all City offices, departments, boards and commissions.

The Chair agrees.

And Bill No. 080319, an ordinance naming and designation Public Health Center 9 located 131 East Chelten Avenue as the "Mattie Humphrey Health Center."

The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I move that the rules of Council be suspended so as to permit an amendment to be offered to Bill 12/4/08 - STATED - 1ST READING No. 080319. (Duly seconded.)

Has the amendment been circulated?

Yes, it has.

Thank you. I believe that has been seconded. All in favor of the motion signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The Chair recognizes Councilwoman Miller.

Thank you. I would like to offer an amendment to Bill No. 080319. A copy of the amendment has been circulated to all members of Council, and I move for the 12/4/08 - STATED - 1ST READING adoption of the amendment. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it, and Bill No. 080319 is amended. Bill No. 080319 and all other bills read by the Chief Clerk on the First Reading Calendar will be placed on our Second Reading and Final Passage Calendar. I would ask the Chief Clerk to please read the title now of Bill No. 080835.

An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a second amendment to an existing lease for space 12/4/08 - STATED - 1ST READING located 1101 Market Street, under certain terms and conditions.

The Chair agrees.

And Bill No. 080838, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to transfer to the Philadelphia Authority for Industrial Development land known as 1433-35 Poplar Street.

The Chair agrees.

And Bill No. 080876, an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into a second amendment to an existing lease for use of space located 4000 North American Street.

The Chair agrees.

And Bill No. 080896, an ordinance authorizing the 12/4/08 - STATED - 2ND READING Philadelphia Authority for Industrial Development to purchase a certain tract of land, with the improvements thereon, in an area bounded by 46th Street, Market Street, Haverford Avenue and 48th Street.

The Chair agrees. That concludes our First Reading Calendar. At this time, the Chair 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. Bill Nos. 080853, 080854, 080855, 080856, 080858, 080859, 080751, 080754, 080756, 080789 and 080790 are being called up for second reading and final passage today. 080724 will be amended. All other bills are being held.

Thank you. The Chief Clerk will please read the title of Bill 080853. 12/4/08 - STATED - 2ND READING

An ordinance amending certain Sections of Titles of The Philadelphia Code related to license and permit fees and other charges by modifying the amount of such fees, under certain terms and conditions.

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

Councilwoman Blackwell.

No.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Green. 12/4/08 - STATED - 2ND READING

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo. 12/4/08 - STATED - 2ND READING

Aye.

Councilwoman Sanchez.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 16; the nays are one. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 080854.

An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by revising certain tax rates, all under certain terms and conditions.

This 12/4/08 - STATED - 2ND READING bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly. 12/4/08 - STATED - 2ND READING

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye.

Councilwoman Tasco.

Aye. 12/4/08 - STATED - 2ND READING

Council President Verna.

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 Bill No. 080855.

An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates and making technical changes, all under certain terms and conditions.

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

Councilwoman Blackwell.

Aye. 12/4/08 - STATED - 2ND READING

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilwoman 12/4/08 - STATED - 2ND READING Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

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. 12/4/08 - STATED - 2ND READING 080856.

An ordinance amending Section 9-305 of The Philadelphia Code by revising the amount of certain fees and penalties and the number of permissible false alarms, all under certain terms and conditions.

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

Councilwoman Blackwell.

No.

I'm sorry. Was that a no?

Yes. Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 12/4/08 - STATED - 2ND READING

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman 12/4/08 - STATED - 2ND READING Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 16; the nays are one. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the next bill.

Bill No. 080858, an ordinance amending Title 6 of The Philadelphia Code by revising permitting provisions and license and permit fees related to asbestos work, all under 12/4/08 - STATED - 2ND READING certain terms and conditions.

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

Councilwoman Blackwell.