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Minutes

Stated Meeting, December 4, 2008

Philadelphia City CouncilDec 4, 2008

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilwoman Krajewski

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.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Councilman Clarke

Thank you, Madam President. The Committee on Public Property and Public Works reports five recommendation.

Council President Verna

The Chief Clerk will please read the report.

Chief Clerk

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.

Council President Verna

The Chair recognizes Councilman Clarke.

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.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Council President Verna

The Chief Clerk will please read the report.

Chief Clerk

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.

Chief Clerk

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.

Council President Verna

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.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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."

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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

Council President Verna

The Chair recognizes Councilwoman Miller.

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.)

Council President Verna

Has the amendment been circulated?

Councilwoman Miller

Yes, it has.

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The Chair recognizes Councilwoman Miller.

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.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

The Chair agrees.

Chief Clerk

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.

Council President Verna

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.

Councilwoman Tasco

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.

Council President Verna

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

Chief Clerk

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.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

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

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

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

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

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.

Chief Clerk

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.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

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

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

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

Chief Clerk

Council President Verna.

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.

Chief Clerk

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.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

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

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

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

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

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.

Chief Clerk

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.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Council President Verna

I'm sorry. Was that a no?

Chief Clerk

Yes. Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

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

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

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

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.