COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 23, 2009 10:10 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 welcomes Pastor D. Omar Epps of Bryant Baptist Church. He is here today as the guest of Councilman Greenlee. I would ask all members and guests to please rise. (Members and guests rise.)
I first want to thank Councilman Greenlee so much for inviting me here this morning and Bryant Baptist Church, which is located in President Verna's district. God, we do come to you this morning, Father, to thank you so much, Father, for this day, for this time, for this opportunity. We thank you so much for life, health and strength, Father. We thank you in this day and time with economic crisis that we do still have our jobs, Father. We do thank you so much for all there is to be thankful for. We do pause to ask that you will forgive us for all of our sins, iniquity, transgressions in the blessed name of Jesus. Father, we have assembled ourselves here this morning because the Bible reminds us that we should not lean to our own understanding, but in all of our ways, we should acknowledge you, and you will direct our path. So we've come to you because the Bible also reminds us, Lord, that you are the wonderful counselor. So we seek your counsel this morning, Father, as it relates to the matter at hand with your people, God. We just ask that you would endow this Council with your wisdom, your knowledge and your understanding as you have endowed King Solomon, who sought your face on behalf of your people. He asked you, God, to show him how to rightly deal with your people, how to go in and out before your people. So, Father, we do ask that you would let your wisdom rest upon this Council as they go forward, Father God, making decisions, God, that will affect your people. We ask that you would get the glory in all this. In Jesus' name we do pray. Amen. (Amen.)
The Chair thanks Pastor Epps for his invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, April 16th, 2009, and the Chair recognizes Councilwoman Tasco.
Madam President, I move that the Journal of the meeting of Thursday, April 16th, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, April 16th, 2009 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is absence, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Madam President, no requests for leave of absence today.
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 certainly invite At this time, the Chair recognizes Councilman Rizzo, who will present a resolution recognizing Dr. James P. Gallagher for his dedicated service to the Philadelphia School Reform Commission. Will Dr. Gallagher and those accompanying him please join the Councilman at the podium. I see that Councilman Rizzo is being joined by Councilwoman Blackwell, Councilman Jones and Councilman Kelly.
Good morning, everyone. Recognizing and thanking Dr. James Gallagher on the occasion of the completion of seven years of dedicated and excellent service on the Philadelphia School Reform Commission to the Philadelphia School District and the people of the City of Philadelphia.
Whereas, Dr. Gallagher, a native of Philadelphia, has been involved with education his entire life. He began his career as a fifth grade teacher at Shadeland Avenue School in Upper Darby. He has held positions at the American College in Bryn Mawr, St. Joseph's University, Georgetown University, Towson State University and the College of the Holy Cross, and served as President of Mount Aloysius College in Cresson, Pennsylvania, where he introduced a successful program for hearing-impaired students and opened several off-campus centers;
Whereas, Dr. Gallagher received his doctorate from the Catholic University of America, his Master's in Educational Administration from Duquesne University and his Bachelor's of Science in Education from St. Francis College in Loretto, Pennsylvania. On October 21st, 1984, Dr. Gallagher became the fourth President of the College of Textiles and Sciences. nation's youngest college Presidents, he assumed the helm of an institution at his turning point due to the change in the textile industry in the United States. In the '90s, with the enrollment growing in business, architecture and design-related majors, Dr. Gallagher began a quest to change the name of the college, and on July 13th, 1999, it officially became Philadelphia University in the 4th Councilmanic District. Dr. Gallagher spent 23 years as President of the University;
Whereas, Dr. Gallagher served as the Chair of the Pennsylvania State Board of Education from 1995 until January 17th, 2002, where he developed a new academic standard for Pennsylvania students and higher certification standards for teachers. Dr. Gallagher also led the Department of Education's management team for the Commonwealth; Whereas, Dr. Gallagher was a Philadelphia School Reform Commission appointed by Governor Mark Schweiker in 2002, where he created a new, more successful model for K-12 education in the City.
Now, therefore, be it resolved, by the Council of the City of Philadelphia, that it is pleased and proud to hereby recognize and thank Dr. James P. Gallagher on the occasion of the completion of seven years of dedicated and excellent service on the Philadelphia School Reform Commission to the Philadelphia School District and the people of the City of Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to Dr. James P. Gallagher, further evidencing the admiration and gratitude of this legislative body. (Applause.)
Thank you. Thank you very much. My remarks will be brief. There are many long speeches in this room, so I will not bestow one on you. Let me introduce the people who are with me today. Tomas Hanna, my buddy from the District, the star. He's frowning, but he is. John Pierantozzi, 40 years of Philadelphia University, all-Catholic basketball player, led the team to its national championship. Those of you who have been around a while remember Big John. Jeff Cromarty, my right-hand assistant with the University. Sara Gallagher. Step up here, Sara, so they can see you. A University administrator at the University of the Sciences in West Philadelphia, pharmacy for all-guard Philadelphians. My wife, Anne, who has carried the burden or joy of 40 years of marriage with me. (Applause.)
My son Brian, who is a banker only a few yards away at Sovereign Bank. I might add, he has millions of dollars. If you need credit, he'll give it to you. And my friends here. The Mayor will be up shortly. Very briefly, I recall when I was given the opportunity to join the School Reform Commission. I want you to know it was for me a no-brainer. As I was telling Councilman Jannie, I started at the UE School a thousand years ago. My recollections of the UE School as a little child -- and it's a while ago -are that it was warm, it was caring and I was happy there. And that had a profound influence on me, and that's basically what I had hoped to do as a School Reform Commission member. I threw myself into that position. Clearly, managing the University is a joy. It was a great gift and an important gift. I will tell you with the School District and I still am obsessed with the School District. Two hundred thousand children. They are the most important people in the world. I think we did a very, very good job, but we left much to be done. Maybe we got halfway up the mountain. By the way, another person who should be mentioned, Heidi Ramirez is here, fellow Commissioner. She's a very gifted and dedicated person. We're very fortunate to have her on that Commission. So I believe we did many things to improve the School District. It was a perfect place for me to be, and I am honored by the fact that I was there. I am very pleased with Philadelphia and that you should touch me with this honor. It's not only a wonderful thing for me, but it's a wonderful thing for my entire family. I was speaking to my 90-year-old aunt and I told her of this, said, Jimmy, do you know my mother worked in the schools? Her mother was a cleaning lady at Central High School a thousand years ago. Now, what does that mean to me? That means to me that my whole family has been connected with this process. I have another aunt, who is since deceased, who spent 40 years teaching children in West Philadelphia. So I don't want to sound smug. It was appropriate for me to be there, and it's very nice for you to honor me and even more glorious for you to honor me because you touched my entire family. I might also add that the young adults behind me, who I love, who are my children, have an obligation to some day be here and be honored by you when they dedicate themselves, which they're doing now, to the City of Philadelphia. I have two others who are not present. I have a son, who is a state trooper, who today is out protecting Pennsylvanians, and I have daughter, who is a pediatrician, who is a resident at CHOP, a trauma doc who takes care of little babies in trouble. So you can see when you touch me, you touch my entire family. We are deeply moved by this honor. I will cherish it for the rest of my life. And I'll tell you one thing, it's a great thing to come all the way from 52nd and Addison Street when you're six years old and at my age be in front of this august body. I thank you for it. I will cherish this moment for the rest of my life. Good luck with all your work, and I'll leave you with one last position: Send all your extra money to the School District. Thank you. (Applause.)
Next we'd like to introduce Tomas Hanna from the School District.
Thank you, Councilman, and thank you to the Council be here and honor Dr. James Gallagher, a friend of children in the City. This is a citation to honor Dr. James P. Gallagher. Today, the School District of Philadelphia hereby resolves that Dr. James P. Gallagher deserves to be honored and remembered for his distinguished service to the children of the School District of Philadelphia. Dr. Gallagher, during your seven-year term as an appointed member of the School Reform Commission, you always acted in the best interests of children, without fail. You helped shape the lives and inspire others of the young and the not so young to reach for more. By your gentle manner and steadfast focus on what matters most, you governed in ways that shall be remembered as collaborative, determined and decisive. Because of your leadership as well as your insight as a fifth grade teacher, a teacher of physics, and a University President, the today is better in quality and stronger in achievement. Our heartfelt thanks and gratitude go with you. Dr. Arlene C. Ackerman, Superintendent of Schools. Thank you very much, Dr. Gallagher, for your service, for your leadership and for your role modeling. The children of this city are better for it. Thank you. (Applause.)
The Chair now recognizes Councilwoman Brown, who will present a resolution celebrating the 50th Anniversary of the Percent of the Art Programs. Will Mr. Gary Steuer and those accompanying him please join the Councilwoman at the podium.
Thank you, Madam President. For those of us who love the arts, we know that there are three colors, nine notes and ten digits. Ultimately it's what we do with them that matters. And also we know that for every $1 spent in the arts, that triggers an additional $4 with what follows. If we go to the theatre, that typically triggers having dinner at a hotel, paying the parking lot attendant. The arts matter in this region, and today it's my wonderful pleasure to remind us that we're celebrating 50 years of the City of Philadelphia's Percent for Art Program. Whereas, 50 years ago, in March of 1959, the Redevelopment Authority of the City of Philadelphia under Chairman Michael Von Moschzisker established the first program in the United States requiring redevelopers of public land to devote one percent of construction costs to the fine arts, and in December of 1959, Philadelphia City Council under Mayor Richardson Dilworth passed an ordinance calling for one percent of all City funding costs to be dedicated solely for the purpose of fine arts, including sculptures, monuments, murals, mosaics, bas relief, stained glass and fountains; and Whereas, in his testimony of the National Conference of Editorial Writers, Mr. Von Moschzisker argued that, quote, "Experts now find that beauty increases productivity. It necessarily follows that true functionalism in man-made edifices must include artistic expression"; Whereas, the goal was and continues to be providing each public space with its own unique, creative and specific public identity adapting to and drawing inspiration from the building and the character of the surrounding environment; and Whereas, the Philadelphia for the rest of the country, prompting Baltimore in 1964, San Francisco in 1967 and a host of other cities in the United States and around the world to follow Philadelphia's lead, enacting similar legislation; and Whereas, these Percent for Art programs have resulted in over 600 works of art and are in part responsible for Philadelphia holding the distinction of having the largest and most renowned public art collection in the world; and Whereas, this vast and sweeping collection can be found at so many Philadelphia institutions, such as the Airport, our Zoo, the Criminal Justice Center, high-rise commercial and residential towers, as well as housing for families and the elderly. We can see public art at police and fire stations, in our parks, libraries and universities; and Whereas, several public pieces have not only impacted the local community, but have garnered Philadelphia national attention, such as the iconic Clothespin which stands at the corner of 15th and Market Street, which since 1976 has served as a meeting place for locals, an attraction for tourists and a conversation piece for art critics and citizens alike; and Whereas, in 2002, the One Percent for Fine Arts Program was challenged, but ultimately prevailed, allowing future generations of Philadelphians to continue enjoying and adding to the collection of public art in the City; and Whereas, the Percent for Art Programs have enlivened our public spaces, made our communities far more attractive places to live, work and visit, employed artists, fabricators and all manner of tradespeople, and represent the importance of both public and private investment in the arts; Whereas, the Philadelphia's represent a significant example of why our city has been and continues to be considered a world-class destination for arts and culture. Therefore, be it resolved, by the City Council of Philadelphia, that we hereby indeed celebrate the 50th Anniversary of our city's One Percent for Fine Arts and Percent for Art Programs.
Further resolved, that an engrossed copy of this resolution be presented to the Redevelopment Authority One Percent for Fine Arts Program and the City of Philadelphia Percent for Art Program as evidence of the sincere appreciation of this legislative body. Introduced by Blondell Reynolds Brown and sponsored by all the members of the Philadelphia City Council. Congratulations, Redevelopment Authority. )
Good afternoon. My name is Gary Steuer. I am the Chief Cultural Officer for the City of Philadelphia and the Director of the Office of Arts, Culture and the Creative Economy. I'm speaking on behalf of both the City's Percent for Art Program and the Philadelphia Redevelopment Authority's public art program. We're extremely grateful to the Council for this recognition and also, of course, to Councilwoman Reynolds Brown for this and for all that she does for the arts each and every day. I'd like to introduce the folks who are up here with me. I have Margot Berg, who directs the City's Percent for Art Program; Marsha Moss, who oversees SEPTA's program and has been a great leader in public art for many, many years; Julia Guerrero, who represents the Redevelopment Authority and oversees their public art program; and Theresa Rose, who works with us in the public art program for the City. These are the people who really make it happen. When the Philadelphia Redevelopment Authority pioneered the Percent for Art Program in March of '59, it became the first program in the United States to make this really an integral part of the urban renewal process, and when City Council followed suit and unanimously passed the Percent for Art ordinance in December of that year, Philadelphia committed itself to ensuring that site-specific public art was incorporated into both private and civic development. I will say this program here in Philadelphia really has been a leader for the entire country. I've been participating for a number of years in the national public art network, and these programs now exist all across the country, and I think it's important for us to recognize that it began right here 50 years ago. And we're extremely grateful to the Council for its leadership back then 50 years ago and we're extremely grateful for the leadership that they show each and every day in support of the arts and for these programs. Thank you very much. (Applause.)
The Chair recognizes Councilman O'Neill, who will present a citation recognizing Holocaust Memorial Week. Will Ms. Tammy Hertzback and those accompanying her please join the Councilman at the podium. Councilman O'Neill.
Thank you, Madam President. This is a citation recognizing and honoring Holocaust Memorial Week. City of Philadelphia respectfully joins with all Philadelphians and people throughout the world in solemn recognition of the annual remembrance of the six million Jewish martyrs, who perished during the Holocaust. Although we should all remember their sacrifice throughout the year, a special week, April 20th through April 27th, 2009, is observed; Whereas, over a half century ago, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people suffered as victims of Nazism; and Whereas, the people of the City of Philadelphia should continually rededicate themselves to the principle of equal justice for all people; Whereas, the people of the City of Philadelphia should remain eternally vigilant against other tyranny and recognize that bigotry provides a to flourish; Whereas, the Memorial Committee for the six million Jewish martyrs has chosen as the theme for this year's memorial "Holocaust Memory in the 21st Century." We applaud the Committee for the honor they will bestow on the memory of those who perished and on those who survived to build and strengthen life in Philadelphia and other communities. Therefore, by virtue of this citation, the Council of the City of Philadelphia hereby respectfully joins in solemnly recognizing the annual remembrance of the six million Jewish martyrs and in honoring their memory and the loving families they left behind. It is our fervent hope that all people throughout the world will also remember them and be ever vigilant to ensure that an atrocity such as this will never happen again. This is a certified copy of the original resolution, adopted by the of Philadelphia. Thank you. (Applause.)
Thank you and good morning. I'm very pleased to be here today on behalf of the Jewish Community Relations Council of Jewish Federation of Greater Philadelphia to receive City Council's resolution recognizing the week of April 20 to April 27 as a day of remembrance for the six million martyrs of the Holocaust. We thank Honorable Council President Anna Verna, Councilman Brian O'Neill for sponsoring this and for all the members of City Council for their co-sponsorship of this resolution. Since 1964, the Jewish Community of Greater Philadelphia has gathered to remember those who were murdered at the hands of the most heinous ever known. Six million innocent lives were wiped out grandparents who would never be able to pass on their wisdom, parents who worked hard to provide for and educate their children, and the most tragic of all, one and a half million children. No one will ever know what contributions these people could have made to the world - doctors, scientists, artists or just hard-working, decent human beings who never had a chance. Today, the number of survivors is rapidly dwindling. They're now in their 80's and 90's. With their demise, we lose their firsthand account of the atrocities they witnessed. Although their histories have been documented, it's our responsibility to carry on their message so that future generations will not have the fear of hatred and bigotry in their midst. This year's memorial will focus on Memory in the 21st Century. It's once again we hear threats to the Jewish people's existence, that Holocaust deniers abound, that nations publicly declare their desire to eliminate the Jewish people, and that once again the world conference supposedly held to eradicate racism, discrimination and intolerance is nothing but a hatefest and an opportunity to spread lies and hatred against the Jewish people. Mass murders and genocide continue to take place throughout the world. Unfortunately, it appears that the world has not learned from the tragedy of the Holocaust, that we are all our brother's keeper. Responsibility means speaking out in one strong, loud voice denouncing wrong and doing what's right. What happens in distant lands impacts everyone on this planet. If we can't do this, we've learned nothing. We must and will continue to educate and enlighten people as to the futility, the danger of ignoring our brother's cries, the danger of ignoring hate mongering, of not being involved in acting decisively, of not assuming responsibility. By telling the story of the Holocaust, we hope that future generations will learn from it and continue to work to try to make this a better world, one free of hatred and bigotry, for if we don't know the past and its lessons, we are doomed to repeat its horrors. Here I would like to quote the famous poem by Martin Niemoller, a German pastor and theologian who lived and preached during the time of the Holocaust. "In Germany, they came for the communists, and I didn't speak up because I wasn't a communist. And then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. And then they came for the Jews, and I didn't speak up because I then they came for me, and by that time there was no one left to speak up." We are most appreciative to Philadelphia City Council for speaking up with this resolution and for continuing to support these efforts. We thank you. (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 for the introduction and consideration of your honorable body a resolution Amendment to the Year 34 Consolidated Plan and application to the United States Department of Housing and Urban Development for approximately $21,486,000 in funding for homelessness prevention services under HUD's Homelessness Prevention and Rapid Rehousing Program, pursuant to funds made available through the American Recovery and Reinvestment Act of 2009; and A resolution confirming the appointment of Edward Kung as a member of the Board of Ethics, to serve in the term ending November 16, 2012; and An ordinance approving the Fiscal Year 2010 Capital Budget providing for the expenditures of the capital purposes of the Philadelphia Gas Works for Fiscal Year 2011 through 2015; and An ordinance authorizing the President of the Fairmount Park Commission to enter into a Master Lease providing for the lease of the Fairmount Park; and An ordinance authorizing the President of the Fairmount Park Commission to enter into a Master Lease of a portion of the west corner of Arch Street, 16th Street and Benjamin Franklin Parkway for the Philadelphia Holocaust Remembrance Foundation; and An ordinance constituting the Twelfth Supplemental Ordinance to the Restated General and Wastewater Revenue Bond Ordinance of 1989, all under certain terms and conditions; and An ordinance authorizing the issuance of one or more series of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of the City of Philadelphia; and An ordinance constituting the Tenth Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1998, all under certain terms and conditions; and An ordinance constituting the Ninth Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1998, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
Thank you. The Chair recognizes Councilwoman Blackwell, if she's in the room. (No response.)
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Krajewski. Councilwoman Krajewski, do you have any bills or resolutions?
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I'm here trying to figure this out. Do I have a resolution for you?
I have one privileged resolution for me. I have a resolution for you some place, and I have five bills for the Administration and one bill for me.
I believe you had three resolutions. I would ask the Chief Clerk to please read the title of the bills.
An ordinance approving the Fiscal Year 2010 Capital Budget providing for the expenditures for the capital purposes of the Philadelphia Gas Works.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the installation of a traffic signal at the intersection of 7th and Godfrey Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the issuance of one or more series of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of the City of Philadelphia.
This bill will be referred to the appropriate committee.
And an ordinance constituting the Twelfth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989.
The bill will be referred to the appropriate committee.
And an ordinance constituting the Tenth Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1998.
This bill will be referred to the appropriate committee.
And an ordinance constituting the Ninth Supplemental Ordinance to the General Gas Works Revenue Bond Ordinance of 1998.
The bill will be referred to the appropriate committee.
And a resolution approving the City's Substantial Amendment to the Year 34 Consolidated Plan and application to the United States Department of Housing and Urban Development for approximately $21,486,000 in funding for homelessness prevention services.
Madam President, I move for the adoption of the resolution. I do have a resolution for you and I don't know what happened to it. (Duly seconded.)
This resolution will be referred to the appropriate committee.
And a resolution confirming the appointment of Edward Kung as a member of the Board of Ethics, to serve in the term ending November 16, 2012.
This resolution will also be referred to the appropriate committee.
And a resolution recognizing the Honorable Dr. Denzil Douglas, Prime Minister of the Federation of St. Kitts and Nevis.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have two resolutions.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution proclaiming April 24th to 26th, 2009 as "Global Youth Service Day."
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 proclaiming the week of April 26th, 2009 as "National Crime Victims' Rights Week."
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 Sanchez.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Green.
I'm sorry, Madam President. The bill was co-sponsored by Councilman Jones, Councilwoman Brown and Councilwoman Sanchez.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing and approving the execution and delivery of a Service Agreement between the City of Philadelphia and the Philadelphia Authority for Industrial Development relating to a comprehensive loan program to advance the City's goal of becoming the "Greenest City in America" by providing up-front capital needed to make comprehensive energy-efficient improvements to residential and commercial real estate in Philadelphia.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Jones.
Good morning, Madam President. I have one bill on behalf of the Administration.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park, on behalf of the City of Philadelphia, to enter into a Master Lease providing for the lease by the City to the Philadelphia Authority for Industrial Development of the Northwestern Equestrian Facility in Fairmount Park.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you, Madam President. No bills or resolutions this morning.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-908, entitled "Queen Village Neighborhood Conservation District."
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding a permissible location on the sidewalk of the west side of 18th Street between Walnut Street and Locust Street abutting Rittenhouse Square.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park, on behalf of the City, to enter into a Master Lease providing the lease by the City to the Philadelphia Authority for Industrial Development of a portion of the west corner of Arch Street, 16th Street, Benjamin Franklin Parkway, under which PAID will be required to enter into an agreement pursuant to which PAID will sublease the property to the Philadelphia Holocaust Remembrance Foundation.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Madam President, no bills or resolutions today. Thanks.
Thank you, Madam President. Today I have two resolutions, one co-sponsored by Councilman Jones and Councilwoman Tasco.
The Chief Clerk will please read the title of the first resolution.
A resolution honoring and recognizing Jeff Brown for his community-based efforts to support underprivileged youth and underserved communities in 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 approving Drexel University's proposed amendment to its Institutional Development District Master Plan pursuant to Chapter 14-1107 of The Philadelphia Code relating to "Zoning and Planning."
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. business is reports from committees. The Chair recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.
Thank you, Madam President. Madam President, the Committee of Public Property reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Public Property and Public Works, to which was referred Bill No. 090268, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into an agreement to lease the Franklin Financial Mural Arts Center at the Thomas Eakins House located at 1729 Mount Vernon Street for use by the City Program, all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I move that the rules of Council be suspended to permit first reading this day of Bill No. 090268. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bill just reported from committee. All in favor will say aye. (Aye.)
The ayes have it and the bill just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilwoman Tasco for a report from the Committee on Public Health and Human Services.
The Committee on Public Health and Human Services reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Public Health and Human Services, to which was referred Bill No. 090124, entitled "An ordinance approving the dental amalgam brochure adopted by the Board of Health pursuant to Section 9-3102 of The Code," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill 090124. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bill just reported from committee. All in favor will say aye. (Aye.)
The 4/23/09 - STATED - 2ND READING ayes have it and the bill just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with suspension of the rules have been deemed to have had a first reading. They will be placed on the Second Reading and Final Passage Calendar for the next session of Council. There are no additional bills on the First Reading Calendar. Therefore, the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Madam President, Bill 080930 is being called up for Second Reading and Final Passage Calendar today. I understand Bill 080527 is going to be amended. 4/23/09 - STATED - 2ND READING
Thank you. At this time, the Chair requests that the Chief Clerk read the title of Bill No. 080527.
An ordinance amending Section 14-2007 of The Philadelphia Code, entitled "Historic Buildings, Structures, Sites, Objects and Districts," to permit the historic designation of the public interior portion of buildings, and make technical changes, all under certain terms and conditions.
The Chair recognizes Councilman Green. 4/23/09 - STATED - 2ND READING Councilman, has the amendment been circulated?
Yes, Madam President. COUNCILMAN DiCICCO: Point of information.
Madam President, I would like to speak on this amendment also, but I move for its adoption. COUNCILMAN DiCICCO: Point of order, Madam President.
Yes, sir. COUNCILMAN DiCICCO: I'm not sure this is the procedure for me to speak, and I ask the sponsor of the amendment -
Madam President, I'd like to speak on the legislation first and I'll be happy to -COUNCILMAN DiCICCO: Fine.
Thank you, 4/23/09 - STATED - 2ND READING Madam President.
Madam President, we introduced Bill 527 last spring to allow for the historic designation of public interior spaces within buildings. Based on input from colleagues on the Rules Committee, we worked with the Historical Commission, including representatives from City Council and the Nutter Administration, the Planning Commission, the Law Department and other key stakeholders, including developers, et cetera, to further refine the legislation over the summer. As a result of this open and transparent process, we made substantive changes to the legislation discussed in two prior memos distributed to Council, the last one last fall, to address the concerns of various parties. In August and September 2008, 4/23/09 - STATED - 2ND READING respectively, the Historical Commission and the Planning Commission voted unanimously to support the revised and amended legislation, and we have worked closely with numerous members of the development community and others over the last four months and this amendment reflects all of that work, and I move for its adoption.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. First let me start off by thanking the sponsor of the bill for his hard work that he's put into this legislation, and I certainly support the intent, but given this amendment within the last hour and representing a district that probably has more historical buildings and structures than any other community or district in the City, I 4/23/09 - STATED - 2ND READING respectfully ask that the sponsor of the amendment either hold the amendment or would agree to have this amendment go back to committee for further public discussion. I'm confused. I'll admit that publicly. I'm not clear on this. I'm not a lawyer. I have a hard time reading this. I don't understand if there will be any impacts to not only buildings in my district, but buildings throughout the City of Philadelphia. And I understand from a brief conversation with the sponsor that this would only apply to buildings that have interior historical designations today, but what's to prevent someone going forward from asking for -applying, putting an application in, to have the interior of the Art Museum, as an example, designated historical? And if that application were to be approved, this bill, with its amendment, would have serious implications, in my opinion, as to the business of the Art Museum, just 4/23/09 - STATED - 2ND READING to name one building in particular. So I'm respectfully asking the sponsor to either hold the amendment or agree to let this go back to committee for public discussion. I think it's just too important. And I will again close by saying I respect his intentions here. I admire the hard work that has been put into this, but I still think we need a little bit more time. At least I do. Thank you.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I certainly agree with Councilman DiCicco that Councilman Green and his staff has spent a lot of time on this bill. They probably know more about it than any of us, even though I'm one of the co-sponsors, I will openly admit 4/23/09 - STATED - 2ND READING that. I had told him -- and I will keep my word -- that if he calls it up, I will vote for the amendment, understanding that down the road we can all have our own opinion on the bill. I would ask, though, respectfully, that since there does seem to be some non-understanding, if you will, of everything about it -and I understand he has done a lot of work and put out memos before, but they were a while ago, they were a number of months ago -- that maybe for the sake of everybody understanding this as best as possible, I would also join in respectfully asking that he would hold it for just one week so there could be a little bit more information given out so that if there is disagreement here or misunderstanding, it can be cleared up. The Councilman is very good at putting out his PowerPoints. Maybe one more might explain it a little better. So, again, as a co-sponsor and in the interest of having everybody on 4/23/09 - STATED - 2ND READING the same page as much as possible, I would respectfully join Councilman DiCicco in asking the sponsor to hold the amendment for one week. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Green.
Thank you, Madam President. I very much respect Councilman DiCicco and Councilman Greenlee, your comments. I am not trying to pass a bill. I am trying to amend a bill to get it into shape where -- I would love to have a discussion with Council. We'll be happy to provide a briefing to Councilmembers and staff at any time, where questions can be asked and answered and stakeholders can come in, much as Councilwoman Brown has done many times with respect to her food-labeling bill. So, respectfully, I am going to 4/23/09 - STATED - 2ND READING ask my colleagues to support this amendment and will be happy to engage in a dialogue and discussion with my colleagues, as well as other stakeholders, before final passage of this bill, which I'm not requesting today. So, Madam President, I respectfully move -
Just a moment, please. Before you make your motion, I see that Councilman Goode would like to be recognized.
Thank you, Madam President. I was actually part of the committee hearing process on this bill. There was a lot of confusion, debate about it during that process. It actually was voted out of committee only because there was a compromise that we will work this out over the summer. Since that time, a lot of months have passed. Councilman Greenlee 4/23/09 - STATED - 2ND READING is exactly right. I helped move it out of committee, and I'm not against the bill and not necessarily against the amendment, but since I helped move the bill out of committee, I don't see a problem with holding it for a week.
Well, Councilman, enough people have requested me to hold the bill for a week, Madam President, I will hold the bill for a week.
Thank you. At this time, I would ask the Chief Clerk to please read Bill No. 080930.
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 4/23/09 - STATED - 2ND READING Commissioner of the Police or Fire Departments, to retain membership in the retirement plan covering such member's prior employment, 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.