Stated Meeting March 30, 2017 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 30, 2017 11:00 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN ALLAN DOMB COUNCILMAN DEREK S. GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILWOMAN HELEN GYM COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN CHERELLE L. PARKER COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA COUNCILMAN AL TAUBENBERGER MICHAEL A. DECKER, CHIEF CLERK Stated Meeting March 30, 2017
Come on, guys. We can do better than that. Good morning, everyone. (Good morning.)
There you go. We have a quorum. If the visitors will retire behind the rail, we'll get started. Before we get started, I'd like to ask if anyone has an electronic device, cell phone or any other type of device that makes any noise, I'd ask that you please turn it off or turn it on silent. Thank you very much for your cooperation. To give our invocation this morning, the Chair recognizes Pastor Myra Maxwell of Trinity United Methodist Church. She is here today as the guest of Councilman Johnson. Stated Meeting March 30, 2017 members, guests, and visitors to please rise. (Councilmembers and guests rise.)
I'd first like to thank Councilman Johnson for this wonderful privilege and to my Councilwoman also, Jannie Blackwell. So let us look to the Lord in prayer. Heavenly and Most Gracious God, we come before you this day with thanksgiving in our hearts. Almighty God, we welcome your holy presence into this session, that you might lead and direct us, Lord God. Almighty God, we ask that you will continue to bless this city, our Mayor, and especially those Councilmembers who diligently serve and work to make this city great. Stated Meeting March 30, 2017 God, we ask that you will touch them in a special way, that you will encourage them, empower them, and equip them with everything they need to do the work that you have set for their hands to do. Almighty God, we give you thanks and we give you praise, because we know that they represent each community and each distinct neighborhood here in this city that has each need, and we know that they are working hard to make sure that every need is met. So, again, we give you thanks. We ask that you will touch them, because you say in your word, to much is given, much is required. So allow them to continue to meet your requirements first and then the requirements of the offices that they hold. We ask this in no other name but the name of your son. And our soul says amen. (Amen.) Stated Meeting March 30, 2017
Thank you very much. Pastor, thank you so much for those inspiring words. We really appreciate it. The next order of business is the approval of the Journal of the meeting of Thursday, March 23rd, 2017. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, March 23rd, 2017 be approved. (Duly seconded.)
Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, March 23rd, 2017 stand approved. All those in favor say aye. (Aye.) Stated Meeting March 30, 2017
The ayes have it, and the Journal is approved. The next order of business is requests for leaves of absence, and the Chair recognizes Councilman Henon.
Thank you, Mr. President. On behalf of the majority, there are no requests of leave of absence today.
The Chair thanks the gentleman. And the Chair recognizes Councilman Oh on behalf of the minority.
Thank you very much. On behalf of the minority, there are no requests for leaves of absence.
Thank you very much, Councilman. At this time, I would like to dispense with the regular order of Stated Meeting March 30, 2017 like to welcome and thank everyone who has taken time out of their busy day to come down to witness their government in action. We hope your stay here today is a knowledgeable one but more so a pleasurable one, so much so that you come back again. So, again, thank you so much for being here. At this time, the Chair recognizes Councilman Green, who will present a resolution honoring Henry H. Houston Elementary School. Would Principal Larry Hall and those accompanying him please join the Councilman at the podium. (Councilmembers and guests approached podium.)
And joining Councilman Green, we have Councilman Taubenberger and Councilwoman Bass.
Good morning. It's always a pleasure to honor one of our great public schools here in Stated Meeting March 30, 2017 For the members of Council, you may recall in our last session of Council last spring we had a great performance from students from Henry H. Houston Elementary School who presented songs from their CD "A Day in the Life." That CD was actually nominated for a Grammy. Unfortunately, it did not win, but we wanted to make sure that we acknowledge their great work and the great work that they do at Houston Elementary School and the joy they bring not only to the Mount Airy community but to the City of Philadelphia. And so honoring and celebrating Henry H. Houston Elementary School on the occasion of a student-created album, "A Day in the Life," being placed on the first-round ballot for a Grammy nomination in the category of "Best Children's Album." Whereas, "A Day in the Life" is an album of 16 original songs created by Stated Meeting March 30, 2017 H. Houston Elementary School over the course of a yearlong cross-curricular writing and music-making collaboration with the music non-profit LiveConnections; and
Whereas, Houston Elementary, located in West Mount Airy, in the Eighth Council District, is a neighborhood K through 8 public school in the School District of Philadelphia known for strong academics and a top-tier music program; and Whereas, LiveConnections inspires learning and builds community through collaborative music-making, reaching 6,000 public school youth in Philadelphia annually with free, innovative music education programs; and
Whereas, "A Day in My Life" project, which includes a 44-page companion book of poems and lyrics, was contributed to by each and every Houston student, in collaboration with the Houston family and Stated Meeting March 30, 2017 top professional music, dance, theatre, poetry artists; and Whereas, the album was released on the Rural Lane Records label, which was established in 2011 by music teacher Ezechial Thurman, who led the project with David Bradley and Andrew Lipke of LiveConnections; and
Whereas, the consideration of "A Day in My Life" on a first-round Grammy ballot is a testament to the energy, passion and talent which was poured into the project by students and educators; and Whereas, the project's success also speaks to the power of the arts to motivate profound learning, creativity and critical thinking; showcases the strength and power of students' social consciences; and demonstrates how much can be accomplished through strong community partnerships; now, therefore, be it
Resolved, by Stated Meeting March 30, 2017 City of Philadelphia, that Council does honor and celebrate Henry H. Houston Elementary School on the occasion of its student-created album, "A Day in My Life," being placed on the first-round ballot for a Grammy Award nomination in the category of "Best Children's Album." Further resolved, that an engrossed copy of this resolution be presented to representatives of Henry H. Houston Elementary School, evidencing the sincere admiration and respect of this legislative body. This resolution was introduced by myself as well as Councilwoman Bass, Councilman Taubenberger, Councilwoman Gym, and supported by all members of City Council. And as a father of a proud Houston alumnus, congratulations. (Applause.)
And the Chair recognizes Principal Hall for remarks. Stated Meeting March 30, 2017 HALL: Thank you. Thank you, Council President.
You're welcome. PRINCIPAL HALL: And thank you, wonderful City Council. This is big and this is big for a few reasons. "A Day in the Life" is a project that represents students finding their voice and the adults that empower them. See, this CD was written almost exclusively by Houston students, through songs like "One Life Taken, One Life Saved" and "Dear Future Me," there is a pain you can hear through the speakers when you hear the songs of these students. But what did this project do? It allowed that pain to come through in a constructive, community-building way, not in a negative I'm-going-to-do-something-to-get-myfrustration-out type of way. They didn't pick up a gun. They didn't pick up drugs. They picked up a pen and they picked up a microphone. It was that art Stated Meeting March 30, 2017 to express themselves, without limitations, in a productive manner. For this reason, as a principal and as a parent, I'm excited about Mayor Kenney's and our beloved City Council's push for arts in the schools. Whether through community partnerships or through a certified teacher in your building, art is key and that in organizations like PCCY and LiveConnections that are ready and willing to help our schools and students get the art element that are our students need. It's all about teaching the whole child, and everybody likes good music. (Applause.)
Thank you very much, and congratulations. At this time, the Chair recognizes Councilwoman Gym, who will Stated Meeting March 30, 2017 March 31st Transgender Day of Visibility. Would Sharon Cooks and those accompanying her please join the Councilwoman at the podium. (Councilmembers and guests approached podium.)
And joining the Councilwoman, we have Councilman Greenlee, Councilwoman Blackwell, Councilwoman Reynolds Brown, Councilman Henon, Councilwoman Parker and Councilman Green, Councilwoman Bass, Councilman Squilla, and Councilwoman Quinones-Sanchez.
Thank you, everybody. We are gathered here today to celebrate the humanity, beauty, and achievements of trans people in Philadelphia and across the country. The public conversations we so often have about trans people is driven by -- is too often driven by stereotypes and heartbreaking stories of violence, Stated Meeting March 30, 2017 trans people are our neighbors, our siblings, our parents, our children, our friends, our co-workers. We know that trans people are overcoming enormous challenges in their fight for freedom, dignity, and equality. This is what we honor and celebrate. As our resolution states, celebration does not equal justice, and for trans people, especially trans people and trans women of color, people who face daily threats, insufficient support, and the very real danger of transphobic violence and murder, justice is something that is sorely needed. I'm thinking about trans women of color who have been murdered in Philadelphia - Stacey Blahnik, Kyra Cordova, Nizah Morris. They deserve justice, and they have not been given it for far too long. I'm thinking as well about the trans women of color who have been murdered since this year began. They too Stated Meeting March 30, 2017 thinking of the generation of young trans people growing up in a time when bathroom bills and hate buses and political parties are sending messages of hate and rejection. We will reject this hate. We will stand up and fight back with our love, our dignity, and our community. And I want to thank especially the organizations who have been doing this work for a long time and who are here today. I want to especially acknowledge Amber Hikes, our new Executive Director of the Mayor's Commission on LGBT Affairs. (Applause.)
I want to acknowledge my State Representative, Brian Sims. (Applause.)
We won't have to do the applause for everybody, but we have a number of different Stated Meeting March 30, 2017 here, including William Way LGBT Community Center, LGBT Home of Hope, Morris Home, Galaei, Black and Brown Workers Collective, Philadelphia Fight, and Youth Health Empowerment Project, ACLU of Pennsylvania, the Children's Hospital of Philadelphia, Sexuality and Gender Development Clinic, which serves more than 500 trans youth on the East Coast, Mazzoni Center, the University of Pennsylvania, the Friends Council on Education and so many more. This is our community, this is our pride, this is our support and our center, and this year City Council honors Trans Resistance and the deeply necessary work of Mobilizing for Justice in this moment, in this country, at this time. We are here to commit ourselves to standing with the trans community in joy and in pain, to celebrate and to fight and to persevere. And with that, we're going to start our resolution. Stated Meeting March 30, 2017 31st, Transgender Day of Visibility in the City of Philadelphia. Whereas, one million Americans are transgender and have gravely overcome significant hardships to build vibrant and thriving communities, often in the face of systemic and interpersonal prejudice, discrimination, and violence; and
Whereas, we cannot simply celebrate visibility without also recognizing that it does not always equal justice; still far too many Trans people, in particular Trans women of color, continue to face profound threats to their safety and wellbeing; and
Whereas, already this year we know of eight Trans women of color who were murdered Jaquarius Holland, 18 years old; Ciara McElveen, 21 years old; China Gibson, 31 years old; Keke Collier, 24 years old; Stated Meeting March 30, 2017 Striker, 23 years old; Mesha Caldwell, 41 years old; Jamie Lee Wounded Arrow, 28 years old; and Alfonza Watson, 38 years old. For each Trans person killed or lost this year and in years past, we mourn, we honor, and we say their names; and
Whereas, we also celebrate the beauty and resilience of Trans people through history and those who are us today, and we recognize that Trans people have contributed and continue to contribute in myriad ways to the betterment of our society and our City, often working at the forefront of social justice activism and human rights work; and
Whereas, Trans people, and in particular Trans women of color including Sylvia Rivera, Miss Major, and Marsha P. Johnson, were instrumental in the creation of the modern gay rights movement in the United States, from the 1965 Dewey lunch counter Stated Meeting March 30, 2017 the Stonewall riots in 1969 to the creation of radical civil rights organizations; and
Whereas, transgender non-conforming Americans have made profound strides in challenging social and political norms that had forced many to live in secrecy regarding their gender identity, sentenced them to coercive medical and psychological treatments, and have denied them employment and housing opportunities; and
Whereas, civil rights victories won by Trans activities have expanded judicial recognition of constitutional protections for gender identity and expression, and provided a greater number of people with the basic protections needed to ensure human dignity and self-determination, however these rights are still not universally guaranteed, with laws varying by state and locality and regressive measures still being pursued; and Stated Meeting March 30, 2017
Whereas, as a result of determined activism and advocacy, Trans people now serve as religious and educational leaders, reach the highest level of athletic competition, star in film and television, and serve in prominent government positions, beginning to reverse many years of tragic exclusion; and
Whereas, in Philadelphia and across the country, Trans people have courageously and powerfully organized in response to hate crime and violence that have been directed at members of their community, especially at Trans women of color, nonetheless receiving insufficient mainstream coverage and recognition; and
Whereas, we recognize and celebrate the work that is being done by Trans advocacy groups to continue to fight for dignity and equal rights for members of the Trans community, to build inclusive and healing Stated Meeting March 30, 2017 spaces, and to protect and defend those who are most vulnerable including people with disabilities and in prison; and
Whereas, while Philadelphia has helped lead the way in extending non-discrimination protections and equal benefits to Trans people, including Trans youth in our School District, the commitment is even more needed in the face of threats that the federal government will curtail or abandon its enforcement of civil rights protections and deeply cut healthcare and other crucial programs; and
Whereas, in Philadelphia, we believe in the inherent value of each other and every resident of our City, including especially our Trans and gender non-conforming residents, without exception; now, therefore, be it
Now, therefore, be it resolved, that on this last official day of Women's History Month, we have an expansive notion of Stated Meeting March 30, 2017 be the fullness of our gender and our identity. The City of Philadelphia declares March 31st as Transgender Day of Visibility. (Applause.)
Hello, everyone, and thank you so much for joining us. I would first like to thank City Council for acknowledging the contributions of trans women of color and the LGBT community. I would like to thank the Office of LGBT Affairs for initiating this first step toward the acceptance of gender identity and equal rights that we have here in the City of Philadelphia. I think that there is a call to action that we need to have in our community that needs to be centered around the issues that we face daily, such as high amounts of HIV and AIDS rates, violence against transgender women of color in particular, as well as the Stated Meeting March 30, 2017 trans people who are living below the poverty rate, about less than $10,000 a year, and that needs to change. So although this resolution, which I deeply appreciate, I would also like to extend to our City government officials conversations about how we could address some of these epidemics that we're not only facing in our city but that we are facing in our Commonwealth and across the state. So thank you so much for welcoming us into your session and for acknowledging the contributions that we have had towards equality in our city, in our Commonwealth, and our nation. (Applause.)
Thank you. The next order of business is communications, and the Chair requests Stated Meeting March 30, 2017 the messages from the Mayor to the Chief Clerk. Mr. Decker, please read those messages.
To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 and 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission on the following bills: Bill Nos. 170005, 170140, 170141, 170162, 170163, 170192, 170194, and Bill No. 170201. And I am pleased to advise you that on March 28, 2017, I signed all of the bills which were passed by Council at its session on March 16, 2017. And I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the Stated Meeting March 30, 2017 of a portion of the American Street Industrial Corridor Urban Renewal Area, identified by house number and street address as 2501 through 2525 North American Street; and An ordinance constituting the Sixteenth Supplemental Ordinance to the Amended and Restated General Airport Revenue Bond Ordinance, providing for certain amendments to the Amended and Restated General Airport Revenue Bond Ordinance; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire fee simple title or a lesser real estate interest to all or a portion of a parcel of land located in the area bounded by East Bristol Street, O Street, Leiper Street and the Frankford Creek; and An ordinance amending Chapter 9-200 of The Philadelphia Code (entitled Stated Meeting March 30, 2017 "Commercial Activities on Streets"), by amending Section 9-213, entitled "Farmers' Markets," to revise certain provisions relating to the permissible locations of the farmers' market on South 43rd Street near Clarke Park, all under certain terms and conditions.
Thank you, Mr. Decker. Do you have any additional communications?
Thank you very much. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Reynolds Brown.
A non-privileged Stated Meeting March 30, 2017 resolution urging the General Assembly of the Commonwealth of Pennsylvania to Enact Senate Bill 234 titled, "Property Assessed Clean Energy Program."
And that will be on next week's Final Passage Calendar. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. Today I introduce one bill.
An ordinance amending Chapter 9-200 of The Philadelphia Code (entitled "Commercial Activities on Streets"), by amending Section 9-213, entitled "Farmers' Markets," to revise certain provisions related to the permissible location of the farmers' market on South 43rd Street Stated Meeting March 30, 2017 near Clarke Park.
That will be referred to committee. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. On your behalf, I offer one bill and together with you, I offer one resolution.
An ordinance to reinstate Bill No. 140439 amending Section 14-502 of the Zoning Code, entitled "CTR, Center City Overlay" and Section 14-602 of the Zoning Code, entitled "Use Tables," and to amend Section 14-803 "Motor Vehicle Parking Standards."
And a non-privileged resolution also naming Swain Street from Taney Street to 26th Stated Meeting March 30, 2017 Street as "Patty Ward Way."
And that will be on next week's Final Passage Calendar. The Chair recognizes Councilman Henon.
Thank you, Council President. Today I offer one bill and one privileged resolution.
An ordinance prohibiting the parking of buses for the 7100 and 7200 blocks of Edmund Street between Cottman Avenue and Princeton Avenue.
And a privileged resolution honoring the 30th Annual All Star Labor Classic Basketball Tournament.
And that will be on this week's Final Passage Calendar. Stated Meeting March 30, 2017 The Chair recognizes Councilman Jones.
Thank you, Mr. President. Today I offer one privileged resolution co-sponsored by Henon, Parker, and Bass.
A privileged resolution authorizing the Committee on Public Safety to conduct hearings concerning the feasibility and impact of the City replacing outdated pay phone booths with new emergency service kiosks to immediately connect the public with first responders in the event of a public emergency.
And that will be on this week's Final Passage Calendar. The Chair recognizes Councilman Johnson.
Council President, I have four resolutions and Stated Meeting March 30, 2017 one bill. One resolution on the National Football League NFL draft, which will be in your district, is sponsored by yourself, Al Taubenberger, Councilwoman Jannie Blackwell, Councilman Curtis Jones, Councilman Derek Green. The other two look like doctors' handwriting, but nevertheless, I'm going to introduce them. Thank you, Council President.
An ordinance constituting the Sixteenth Supplemental Ordinance to the Amended and Restated General Airport Revenue Bond Ordinance, providing for certain amendments to the Amended and Reinstated General Airport Revenue Bond Ordinance under certain terms and conditions.
And a privileged resolution welcoming the National Stated Meeting March 30, 2017 Football League Draft to the City of Philadelphia and commemorating the first ever NFL Draft, which took place in the City on February 8th, 1936.
And a non-privileged resolution urging Congress to adopt S. 573, also known as the National Criminal Justice Commission Act, which proposes to establish a national commission for criminal justice reform.
And a non-privileged resolution urging the Pennsylvania state legislature to reject H.B. 741, which seeks to introduce certain mandatory minimum sentences in the Commonwealth of Pennsylvania.
And a non-privileged resolution urging the Stated Meeting March 30, 2017 Pennsylvania state legislature to reject S.B. 166 due to the bills' negative impact on the ability of public sector unions to effectively advocate on behalf of their membership.
And that will be on next week's Final Passage Calendar. And the Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Council President. I have one non-privileged resolution and one bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire fee simple title or a lesser real estate interest to all or a portion of a parcel of land located in the area bounded by East Bristol Street, O Street, Leiper Street and the Frankford Creek. Stated Meeting March 30, 2017
And a non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the American Street Industrial Corridor Urban Renewal Area, identified by house number and street address as 2501 through 2525 North American Street.
Next week's Final Passage Calendar. The Chair recognizes Councilman Green.
Thank you, Council President. I have one privileged resolution co-sponsored by Councilmembers Bass, Taubenberger, Jones, Squilla, Henon, Parker, and Domb.
A privileged resolution recognizing April 2017 as Stated Meeting March 30, 2017 Autism Awareness Month in the City of Philadelphia, and honoring Eric D. Williams Sr., Founder of Project Elijah Empowering Autism.
And that will be on this week's Final Passage Calendar. The Chair recognizes Councilwoman Parker.
Thank you, Councilwoman. The Chair recognizes Councilman Domb.
Thank you, Council President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilwoman Gym.
Good Stated Meeting March 30, 2017 morning, Council President. I have one privileged resolution co-sponsored by Councilmembers Jones, Parker, Blackwell, Johnson, Green, Squilla, Henon, and Domb.
A privileged resolution proclaiming and designating the week of April 2 through 8 as "Philadelphia Crime Victims' Rights Week" to encourage citizens to assist crime victims and to increase community awareness and support for the organizations that help crime victims rebuild their lives.
This week's Final Passage Calendar. The Chair recognizes Councilman Taubenberger.
Good morning, Council President and colleagues. I have no bills nor resolutions today.
Stated Meeting March 30, 2017 Thank you, Councilman. The Chair recognizes Councilman O'Neill.
Thank you, Mr. President. I have no bills or resolutions.
Thank you, Councilman. The Chair recognizes Councilman Squilla.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Aramingo Avenue, Cambria Street, Frankford Avenue, the Railroad Right-of-Way, Kensington Avenue and Lehigh Avenue.
Referred to committee. Stated Meeting March 30, 2017 And the Chair recognizes Councilwoman Bass.
Thank you, Mr. President. I offer no bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Oh.
Thank you very much. On behalf of Councilman Mark Squilla and myself, I introduce one bill. Thank you.
An ordinance amending Chapter 11-600 of The Philadelphia Code, entitled "Construction, Encroachments And Projections Over, On And Under Streets," by adding definitions for "Electric Vehicle" and "Electric Vehicle Charger" and authorizing a new category of encroachment for which building permits Stated Meeting March 30, 2017 be obtained entitled, "Electric Vehicle Chargers."
And that bill will be referred to the appropriate committee. That concludes our introduction of bills and resolutions. There are no committee reports today, so we will move to our consideration of the Calendar. The next order of business is the consideration of the Calendar. There are no bills on the First Reading Calendar. The Chair recognizes Councilman Henon for a motion concerning the bills on the Second Reading and Final Passage Calendar.
Thank you, Mr. President. I move that the rules of Council be suspended to permit the use of a Consent Agenda to consider the following bills on the Second Reading and Final Passage Calendars today: Bill Nos. 161057, 170001, 170003, 170004, 170010, Stated Meeting March 30, 2017 170014, 170020, 170092, 170111, 170112, 170113, and 170202. (Duly seconded.)
Thank you, Councilman. It has been moved and properly seconded that the rules of Council be suspended to permit the use of a Consent Agenda to consider the bills just read by Councilman Henon. All in favor indicate by saying aye. (Aye.)
The ayes have it. The motion carries. And we will consider the Consent Agenda shortly. The Chair again recognizes Councilman Henon for the purpose of calling up bills and resolutions on the regular Second Reading and Final Passage Stated Meeting March 30, 2017 2ND READING Calendar.
Thank you, Mr. President. In addition to the bills being considered on the Consent Agenda, the following resolutions and bills are being called up for the Second Reading and Final Passage on today's Calendars: Bill Nos. 170294, 170296, 170297, 170018, 170093, 170091, 170164, 170165, 170166, and 170167. All other bills and resolutions are being held.
Thank you, Councilman. Before considering these bills and resolutions on the Final Passage Calendar today, we will have our public comment session. Our public comment session will go as follows: If you are interested in testifying on a bill or resolution that is on the Final Passage Calendar today, if you have not already done so, we'd ask that you sign up at the table to my left. When your name is called, you Stated Meeting March 30, 2017 will go to the podium in the middle of the Council Chambers. There's a device on that podium. There's a light. When the light turns green, it will be your time to speak. When the light turns yellow, you will have 30 seconds to conclude your remarks. When the light turns red, we'd ask that you please adhere to the guidelines and conclude your remarks. You will be given three minutes to testify. Mr. Decker, please call the first name on the list.
Debra Lutz, commenting on 170093. (Witness approached podium.)
Good morning, members of Council. My name is Debra Lutz. As a concerned Philadelphia resident, I am here to ask you to vote no -- can you hear me now? Okay. As a concerned Philadelphia resident, I'm here to ask you to vote no on Bill 170093. It is a flawed Stated Meeting March 30, 2017 legislative bill. The bill is incomplete regarding the short-term impact of EV ownership and damages the long-term support of EV car use in Philadelphia. This is not just about Center City parking wars. This is a well-documented and -- there is a well-documented and concerted effort across the country to halt EV car ownership, and any decision to cancel the existing program has to be understood in a greater context. This is an open-ended moratorium and effectively terminates the progressive 2007 EV parking law. It retroactively changes the rules for existing program participants, which is punitive. In addition, it weakens Philadelphia's recognized best practice of dedicated EV parking spaces. Twenty-four hour access is established and matches what is available for handicapped and car-sharing spaces. Any robust support plan for EV ownership requires 24-hour dedicated spaces to Stated Meeting March 30, 2017 public chargers, and chipping away at the regulation is foolish before a replacement program is established. The often cited unsustainability of this plan is not about parking. It's about the private ownership of the chargers in those spaces. I urge all of you to consider your support of this bill carefully and before voting yes, changes are needed to address the right-of-way encroachment as the bill was introduced today. Making it a separate bill is confusing and unnecessary and doesn't guarantee that it will pass with this moratorium. Preserve the established EV parking program rules and remove all regulatory-taking impacts to program participants. Set a reasonable end date for the moratorium of 12 to 24 months. If issues for this program and public chargers cannot be implemented, Philadelphia should allow private funding and market forces to freely support EV Stated Meeting March 30, 2017 use in Philadelphia. Putting a moratorium in place thoughtfully preserves the progress Philly has made and lays the foundation for a successful program in the future. Passing this bill without thorough review and the necessary changes is not needed to prevent new spaces from being issued today, as the PPA has not accepted applicants since the Streets Committee originally had its hearing in January.
William Morlock, commenting on 170093. (Witness approached podium.)
Good morning. Thank you for the opportunity to speak about the EV bill, 170093. Councilman Oh states that he wants to make the EV program more robust and successful, and we're for that. We are the City's EV pioneers. We put our money into this program. But the Stated Meeting March 30, 2017 Councilman's contention that it's necessary to decimate to take through regulation the utility of the existing permit holders in order to do that is illogical and incorrect. I believe I just heard that there would be a new definition for what constitutes an EV vehicle, which is brand new news and we have no knowledge of. We do think that the six to six charging restriction dramatically reduces utility, and if there's a change in the EV definition, it will destroy the utility of my vehicle. Two-hour day limits is not workable. I should sit by my window as soon as the charger becomes available, sprint to wherever my car might be, and then charge back to see if the space is still there. Repeat every two hours as necessary. Nothing in the existing program is in the way of a new improved future, and nothing in this bill will promote it. Stated Meeting March 30, 2017 I've contacted each of you and the Mayor that my conviction is that the 68 spaces should be grandfathered, without condition. Three reasons. We made significant and good-faith investment. We relied on the good faith of the City in maintaining its ordinance, and there's significant precedent in the fact that the City has grandfathered, without condition, hundreds of curb cuts for individual garages. That was properly done even though it is now recognized that granting those curb cuts in the first place was a bad decision. That's changed, but only going forward. I am asking Council for fairness. I'm asking Council for equal treatment. I am asking you to treat us as you treated our neighbors with garages. I want you to grandfather 68 permits. That's 68 citywide permits for EV charging, without condition. Then we can move forward. We can move forward together, without rancor, to make a Stated Meeting March 30, 2017 better sustainable future. Put a moratorium on this project if you must while we craft this future, but in fairness, you must grandfather, without condition, current permit holders. Thank you.
It's a lady, not a man. I have lived on the 200 block of Delancey Street for 50 years. We've had a wonderful neighborhood. Parking has always been a problem. I have pictures of 4 o'clock yesterday on my block, big empty spaces. I thought the ordinance called for two spots, either Stated Meeting March 30, 2017 handicapped or electric or whatever. We have three. And in my neighborhood, my immediate neighborhood, Second Street, Delancey, Pine, we have over nine spaces. It's caused a tremendous amount of contention in the neighborhood. I don't understand, and nobody has been able to explain to me, how public land has been given to private owners. One of our electric car owners had a neighbor towed because they happened to park in his spot. I've been threatened, because I have a big mouth. I really appreciate the fact that City Council is looking into this, Councilman Squilla, Councilman Oh, and everybody else. I hope this is just the beginning, and I really hope that this ordinance will be overturned completely. There's no justification for it. My attorney says that we are in violation of the ADA Act. I have a couple on my block that I'm speaking for who need a handicapped space and they Stated Meeting March 30, 2017 need it terribly. They can't get it. I don't know what else to say. I don't know what else to do, but I sincerely hope that these people are not grandfathered in for their lifetime. It's not fair and it's not what Philadelphia should be about. If you have any questions, see me later.
Roseanne Loesch, commenting on 170093. (Witness approached podium.)
It's hard to follow that act. I am actually -- you are in my district. My name is Roseanne Loesch and I am President of Society Hill Civic Association, which represents over 5,000 residents. Thank you, Council President Clarke and Council and especially Councilman Oh, for this opportunity to Stated Meeting March 30, 2017 testify on behalf of the electric vehicle charging station moratorium bill, and I'd like to thank our District Councilman, Mark Squilla, who has strongly supported us in trying to correct the current situation. Society Hill Civic Association strongly supports the increase of clean vehicles in the City, and we also support this proposed moratorium on new electric vehicle parking spaces and looking into the question of grandfathering spaces, which was raised today. Our neighborhood in particular has had a disproportionate amount of the total permits issued for this purpose. In Councilman Squilla's district, there has been about 75 percent of the permits issued, and our residents have let us know loud and clear that the appropriation of a public good for private use cannot and should not continue. As you all must be aware, under Stated Meeting March 30, 2017 the current practice, in theory, any electric vehicle can park and use a recharger installed in front of a private home. However, in practice, no other electric vehicle owner but the homeowner who installed the recharger has access to it. So essentially this amounts to one individual getting a permanent personal parking space on a public street. In our review of other cities in the United States, no other city essentially gives away the extremely valuable commodity of a reserved parking space to an individual homeowner. The fee the City charges for this privilege is a tiny fraction of the price of renting a monthly parking space in Center City Philadelphia. And allowing these vehicles to park at night only is the worst time of day for trying to find a parking space in our neighborhood. So that does not solve the problem. I urge Council to pass this Stated Meeting March 30, 2017 bill, and I welcome any questions you may have from Council. Thank you.
Mary Pisculli, commenting on 170093. (Witness approached podium.)
Good morning, Councilmembers. My name is Mary Pisculli. I come to ask you to please preserve the electric vehicle parking space program as it was written for all current and approved EV space holders. I'm a proud supporter of the City of Philadelphia's green initiatives, and I share the concern of many about our air quality, our proximity to I-95, and I sincerely appreciate the Council's efforts to green the entire city. We purchased an electric vehicle in October of 2016 after years of Stated Meeting March 30, 2017 saving and months of research. We needed a seven-seater car and had only two options on the market at the time. In truth, really only one option, as the Tesla seven-seater cost nearly 30,000 more. Our choice has a short battery range. However, it's exactly sufficient for our transportation needs when we can charge it twice a day. I bring the car back in the morning after I drop my kids off and my neighbor's to school. I plug it in to charge and then I come back in the late afternoon, ready for the late afternoon pick-up. Without access to the charger that cost $3,600 to install, with holes drilled into my house's foundation and through all the floor joists, I cannot use my clean energy vehicle. As you know, the start-up costs for any type of green infrastructure are expensive. We, the private owners of EVs in Philadelphia, have assumed all of these costs. I want to underline for you Stated Meeting March 30, 2017 what these costs were. My electric vehicle cost $22,000 more than the non-electric equivalent. I followed the spirit and the letter of the law in selecting my vehicle. Like many others on the market, it is not compatible with a DC fast charger. My vehicle's usage and my reason for buying it are not compatible with only nighttime charging or restricted daytime charging. With restricted charger access, I would not and could not have purchased my vehicle, which I did only a few months ago. There are other EV owners that have the same concerns of short battery time and need to frequently charge. There is no industry standard for battery size, battery range or even charger compatibility, which I know frustrates your ability to create a public infrastructure. This means policy cannot be retroactively changed as it can't accommodate the spectrum of EVs that already have been purchased in keeping Stated Meeting March 30, 2017 with the law. Going forward, you may be able to influence that. Any change to the ordinance after we have adopted it is wholly unfair and will penalize us and other EV owners who adopted the City's green initiatives at considerable personal expense and sends a terrible message about the City's commitment to green initiatives in the future. To comment on what was said before, I live on the 100 block of Delancey. I am the only electric vehicle on that block, where four were eligible. There are a couple of open spots on our street every day for parking. Day parking is not the issue. I also know that this is not private land. It does not increase my property value. It is not transferable. Having said that, someone parked in our charger spot yesterday and was still there as of 9:30 this morning, without a ticket. Stated Meeting March 30, 2017
Thank you. I just ask you to please embrace the initiative that we embraced in good faith. Thank you.
Brian Egan, commenting on 170093. (Witness approached podium.)
Good morning, Council. My name is Brian Egan. I am here today requesting that you reject proposed Bill 170093. In short, the proposed bill disparately treats those who have expended significant time and resources to participate in Philadelphia's novel charging station program as compared to other similar programs offered by the City. Stated Meeting March 30, 2017 In addition, the proposed hours restriction on electric vehicle parking does little to curb parking problems, which are generally present at night, not during the day, and punish those who rely on their ability to charge their vehicle throughout the day. A comparison that has been missed in this process is, one, The Philadelphia Code, Section 12-918, entitled "Parking for Auto Sharing Organizations." That section of the code permits for-profit companies, including Enterprise and Zipcar, to pay $150 a year for a street-side parking spot that is reserved for the exclusive use of a single ride-share vehicle. These ride-sharing programs are designed such that the reserved spot is for the exclusive use of only a single vehicle. That is, a member of the ride-sharing program that chooses to use the vehicle must return that vehicle to the same exact spot. This means that any time the Stated Meeting March 30, 2017 vehicle is in use, the parking spot remains vacant and no other vehicle can park in that spot, not even other ride-sharing vehicles. These cars can be rented hourly or by the day, meaning that extensive periods of time may lapse with the spot remaining vacant. Yet the City takes no issue with these vacancies and affords for-profit companies exclusive rights to these parking spaces even when some or all residents in the block are not members of these ride-sharing programs. By comparison, the electric vehicle charging station program requires the same annual expenditure from participants, $150 for space in Center City, but also requires a significant cost up front, which runs upwards of $4,000 for installing the charging station, plus the cost of the vehicle itself. The participants and pending participants are all residents and who personally absorb the installation cost Stated Meeting March 30, 2017 total less than 70 citywide. Zipcar alone had over 400 vehicles parked throughout Philadelphia as of June 2015. In contrast to these reserved spaces, the electric vehicle parking spots are not for the exclusive use of a single electric vehicle. Any electric vehicle can park in these spots, but somehow it is the electric vehicle program that is being singled out by the City for its exclusivity to the detriment of those who invested in it. Other programs, including the for-profit ride-share program that dedicates a reserved parking space to a single vehicle, remain intact. I urge the Council to take this point into consideration when evaluating the merits of Bill No. 170093. The bill should be rejected and those current permit holders of electric vehicle parking spaces should be grandfathered under the program as originally implemented. Stated Meeting March 30, 2017 Thank you.
Jack Cassidy, commenting on 170093. (Witness approached podium.)
I'm an electric vehicle owner with an electric vehicle parking spot. Sorry. As I stated, I'm an electric vehicle owner with an electric vehicle parking spot. I also live in Council President Clarke's district. I want to give you -- and I urge Council to vote no on this bill that's going to restrict our use of parking from 6:00 p.m. 6:00 a.m. I just want to give you an example of for me how it will adversely Stated Meeting March 30, 2017 affect my use of my car. I purchased this car about a year ago, and I'm sure all the other electric car owners will have similar examples, but I'm going to give you my example. As I stated, I have a fully electric car, not a hybrid. And if I visit my daughter in Langhorne, PA, then return home, I would be completely out of electric when I come home. And if somebody is parking in the spot for the entire day, I would not be able to use that charger until 6:00 p.m., and this is going to restrict my ability to get around if I want to go out that evening. So that's a real problem for me, and it could be problems for everybody else. As you know, electric vehicle owners made a large investment in this program, and I just want to give you an example. As was stated before, electric vehicles do cost 3,000 to 5,000 more than combustion engine cars. The electric installation and the charger was over Stated Meeting March 30, 2017 $3,500. The application just to get into the program was $50. There is also a fee of $150 that I had to pay for installing the "electric vehicle only" signs. And then every year there's a $75 renewal fee, which I just paid on March 1st. Now, if this amended bill is passed, I will have to purchase a permit, because my street has permit parking. So that's going to be another whatever it is, $20 or $30. As you know, electric car owners purchase cars because they like clean air and they care about the environment. We followed the rules of the program as currently posted and should be grandfathered under the current rules. Any amendment to the rules should apply to all new applicants. Thank you.
Robert Curley, commenting on 170093. Stated Meeting March 30, 2017 (Witness approached podium.)
Good morning and, again, thank you, Council, for allowing this testimony. I'm here today on behalf of the Crosstown Coalition, which is a coalition of 23 neighborhood civic associations. The Coalition membership voted to support Philadelphia City Council Bill 17009301 amending Section 12-1131 of The Philadelphia Code. The 23 members were asked on March 23rd to vote yes or no in support of the bill. In that short turnaround period, 20 associations voted - 14 favored the bill and two voted against it, and four abstained because they could not convene a board vote in the time period allowed. The members who voted in favor agreed to the following statement: The advent of practical electrical vehicles is full of promise for cleaner air and reduced dependence on non-renewable fuel sources. Their increased use should be Stated Meeting March 30, 2017 strongly encouraged. However, the use comes with one major drawback. In a dense urban core lacking driveways or garages, where do you plug them in? Providing infrastructure to recharge electric vehicles encourages their use. The current practice in Philadelphia is to reserve on-street parking spaces for the exclusive use of one electric vehicle. The Streets Department may designate a space for an electric vehicle without consent of the adjacent neighbors and prohibit non-electric vehicles from parking in that space. There are currently no time limits on the electric parking spaces. This practice has its consequences. Reserving an on-street parking space effectively turns a public asset into a private one, reducing the availability of on-street parking for non-electric vehicles in the neighborhoods where demand for on-street Stated Meeting March 30, 2017 parking exceeds supply. The adverse effects are exacerbated if there's more than one electric vehicle designation on a block or when combined with handicapped parking and other restrictions. Current practices may also have a natural limit on how many spaces can be designated and even breed resentment among neighbors who own non-electric cars. Over time both only serve to discourage electric vehicle usage. The Crosstown Coalition supports the proposed moratorium on new electrical vehicle parking spaces provided that City Council and the Streets Department investigate best practices for electric vehicle infrastructure and recommend workable alternatives to 24/7 on-street parking designation that balances the needs of all City residents. The Coalition welcomes the opportunity to discuss this matter further with any Councilmembers. Thank you. Stated Meeting March 30, 2017
Joe Danihel, commenting on 170294, 170296, and 170297. (Witness approached podium.)
Good morning. This is an official decree, yet another one, dealing with the City's practices in using the Redevelopment Authority and other agencies and is a writ of mandamus quo warranto and, as such, requires immediate action and remedy. Following the law is not optional. Does hypocrisy reign supreme in Philadelphia? In articles, the Mayor says he believes Trump administration wants to deny rights. The Mayor also acknowledged the Mayor and all public servants are oath-bound to never violate the Fourth Amendment, Constitution, and laws. I, as sovereign people, demand the rule of law be enforced by the Attorney General. Fourth Amendment Stated Meeting March 30, 2017 states the right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures shall not be violated. How then was my home at 1038 West Wyoming stolen, taken without payment? How then was my deed transferred without due process? How then was my Seventh Amendment trial by jury denied and protested by public agents that are oath-bound? The law requires immediate remedy of this breach of law. 42 USC 1982, 1983, 1985, 1986, 1987, 18 USC 241, 242, 2381, 2384, oath of office, PA Constitution, Article I, Section 1 through 11, 26 PA SCA 703, 708, 709, 712, 713, 716, and other laws listed in SCOTUS 15-8965, 14-1330, 14-4056 appear violated and, as such, requires immediate prosecution for all involved. There can only be one law. I again call for the federal and Commonwealth governments to perform their constitutional obligations to Stated Meeting March 30, 2017 investigate, prosecute all involved in the theft and the illegal deed transfer of my home. The denial of God-given 42 USC 1982 property rights for 23 years is egregious, extraordinary, oath-violating, and requires immediate remedy. A just government must obey the rule of law. This color of law government must have its charter to govern revoked until a constitutionally compliant government is installed. Public servants cannot refuse their sworn duty to act any more than a fireman can refuse to fight a fire. The sovereign people of the United States require laws and Constitution be enforced and this constitutional crisis to be immediately resolved. Jail is required for all who violate oath and law. It takes a lot of cooperation to create and allow monumental corruption, and we hold these truths to be self-evident that all men are created equal. Stated Meeting March 30, 2017
Meenal Raval, commenting on 170093. (Witness approached podium.)
Hi. Many of us sense that the path to a livable planet to bringing the climate back into balance hinges on the mantra, electrify everything and upgrade the electricity grid. For personal transportation, this translates to electric cars. When making a new car decision, households as well as fleet managers should focus on electric cars. The Philadelphia Office of Sustainability tells us that Philadelphia is part of 30 cities seeking a combined purchase of 114,000 electric cars for future fleet purchasing. Our local Stated Meeting March 30, 2017 policy must encourage electric cars and help solve a new problem that they raise, where to charge them. This is easy enough for someone with a garage, but a majority of our urban residents park on the street overnight. Our Mayor Kenney when he was a Councilman had the foresight in 2007 to allow owners of electric vehicles to apply for special reserved parking spaces where they could install curbside charging stations. Ten years later, with less than 60 such permitted spaces, our current Council intends to place a moratorium on new curbside EV parking spaces prompted by one resident's complaints to Councilmembers Oh and Squilla. We need to make it easy for more people to embrace electric vehicles. We need to vote no on this moratorium on new EV permits. Make it easy, guys. I'll leave the details up to you.
Stated Meeting March 30, 2017 for your testimony.
There are no other speakers on the public comment list, Mr. President.
Thank you very much, Mr. Decker. We will continue with our Calendar. We will now consider today's Bill Consent Agenda. I will ask Mr. Decker to read the titles of all the bills on the Consent Agenda. After each title is read, any member may object to the inclusion of the bill on the Consent Agenda. Upon such an objection and without debate, the bill will be immediately removed from the Consent Agenda and placed on the regular Final Passage Calendar. Mr. Decker, would you please now read the titles of the bills on the Consent Agenda. When your name is called, just say aye on all bills. If you object to Stated Meeting March 30, 2017 one, just note the objection of the particular bill and it will be placed. Mr. Decker.
Bill No. 161057, entitled "An ordinance authorizing EB Realty Management to construct, own and maintain a building encroachment at 699 North Broad Street"; and Bill No. 170001, entitled "An ordinance establishing parking regulations in the vicinity of: Farragut Street and Locust Street; Mt. Vernon Street and 32nd Street; Chancellor Street and 51st Street; 51st Street and Hazel Avenue; 36th Street and Haverford Avenue; Wyalusing Avenue and 38th Street; Sansom Street and 42nd Street"; and Bill No. 170003, entitled "An ordinance establishing parking regulations in the vicinity of: Baltimore Avenue and 42nd Street; Trinity Street and 48th Street; 46th Street and Chester Avenue; Powelton Avenue and 41st Street"; and Stated Meeting March 30, 2017 170004, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 123 by striking from the City Plan Euclid Avenue from Fifteenth Street to Sixteenth Street"; and Bill No. 170010, entitled "An ordinance establishing parking regulations in the vicinity of: Henry Avenue to Ainslie Street; 52nd Street to Woodbine Avenue; Midvale Avenue to East Falls Station; Midvale Avenue to Stokely Street"; and Bill No. 170014, entitled "An ordinance amending Section 9-205 of The Philadelphia Code, entitled 'Sidewalk Sales,' by prohibiting vending on the east side of the 5800 through 6500 block of Castor Avenue between Oxford Avenue and Magee Avenue"; and Bill No. 170020, entitled "An ordinance revising parking restrictions on Bethlehem Pike, east side, between Chestnut Hill Avenue and Newton Street"; Stated Meeting March 30, 2017 No. 170092, entitled "An ordinance authorizing Hy Goldberg to construct, own and maintain a bench encroachment at 701 Sansom Street"; and Bill No. 170111, entitled "An ordinance authorizing acceptance of the dedication to the City of the bed of Westmoreland Street from a point approximately one-hundred ninety-seven feet west of Third Street to a point approximately sixty-six feet further westwardly therefrom and authorizing acceptance of the grant to the City of certain areas adjacent to the said Westmoreland Street as slope easements"; and Bill No. 170112, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers' Markets,' by adding a permissible location"; and Bill No. 170113, entitled "An ordinance amending Section 9-204 of The Stated Meeting March 30, 2017 Code, entitled 'Sidewalk Vendors in Center City,' by eliminating previously designated vendor locations in Center City"; and Bill No. 170202, entitled "An ordinance removing the parking lane and prohibiting stopping on the south side of Lewis Street, from Delaware Avenue to Richmond Street."
Thank you. These bills having been read on two different days, the question for each bill now is shall the bill pass finally. The Clerk shall call the roll, and upon being called, each Councilmember shall vote aye on each of the bills, nay on each of the bills or indicate those bills for which the member is voting aye and those bills for which the member is voting nay. Stated Meeting March 30, 2017 Decker, call the roll.