COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 20, 2014 10:50 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES KENNEY COUNCILMAN DENNIS O'BRIEN COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
Good morning, everyone. Good morning. (Good morning.)
Thank you. I want to make sure I wasn't here by myself. We've established a quorum. I'd ask all guests and visitors to please retire behind the rail. Members have taken their seat. Council shall come to order. To give our invocation this morning, the Chair recognizes Reverend Dr. T. Janel Dickson, Pastor of Cedar Park Presbyterian Church. She is here today as the guest of Councilwoman Marian Tasco. I would ask all guests and visitors to please rise. (Members and guests rise.)
To the Council, Mr. Darrell Clarke, to Councilwoman Marian Tasco, to the District Councilmembers, and Councilmen and women at-large, certainly this is an honor and a privilege for me today to serve you by leading this Council in prayer this morning. So thank you very kindly. Would you please bow your heads with me as we go to the Lord in prayer. Almighty God, supreme ruler of all, we reverence you today and give you praise, for, Lord, it is always our first agenda item to give you glory for your presence among us. Lord, you alone know the plans that you have for us as your people, and you have the power to make them happen. And so, God, we invoke your presence in this Chamber today to move among these, your leaders, and to impart your wisdom and your will for us unto them. Empower them even the more with your gift of discernment for decision-making as they issues and decisions and agenda items of the day. Remind them, oh God, that in the end, the answer lies with you. Lord, remind them that they serve a public trust that is beyond personal gain and glory, that no city, no community, no nation lives for itself, but, Lord, we live to carry out the responsibility for all of your people for peace, protection, provision, and for social justice. And, Father, Lord, we do pray that at the end of our day, that our goal will be to ensure that this City of Philadelphia would certainly become even the more the City of Brotherly Love and Sisterly Affection. Lord, it is in your name that we pray in this place today. In Jesus' name, let all of the people of God say amen. (Amen.)
Thank you so much. Council will be at ease. (Council at ease.)
Thank you so much. Thank you for those inspiring words, Pastor. The next order of business is the approval of the Journal of the meeting of Thursday, February 6th, 2014. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, February 6th, 2014 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, 6th, 2014 be approved. All those in favor say aye. (Aye.)
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 Jones.
Thank you, Mr. President. On behalf of the majority, a leave of absence is requested by Councilman Henon.
Thank you. It shall be noted. The Chair recognizes Councilman O'Neill.
Thank you, Mr. President. On behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. At this time, I will dispense with the regular order of business and I would like to thank everyone who has come down today to see your government in action. We hope that your stay here today is a pleasurable one. We hope it's so much pleasure that you come back again. So, again, thank you very much for coming in today. At this time, the Chair recognizes Councilman Kenney, who will present a resolution honoring St. Joe's Prep Varsity Football Team. Would head coach Gabe Infante and those accompanying him please join the Councilman at the podium.
Mr. President, it's been our Prep tradition here to invite someone from another school to help read our championship resolutions, and we've chosen Councilman Squilla out of Bishop School, now St. John Neumann-St. Maria Goretti. So come up and help us.
And joining the aforementioned Councilman Squilla, we have Councilman Greenlee and Councilman Brian O'Neill.
Thank you, Mr. President. This is a resolution honoring the St. Joseph's Preparatory School Varsity Football Team on winning the PIAA AAAA State Championship, the District XII AAAA City Championship and the Philadelphia Catholic League Championship.
Whereas, on Friday, November 8th, 2013 the St. Joseph's Prep Hawks defeated arch-rival LaSalle College High School 30 to 20 -can we get a cheer on that -- to win the Philadelphia Catholic League AAAA Championship; and On Saturday, November 16th, 2013 the Hawks took down the Pioneers by a score of 10 to 7, giving St. Joe's Prep its first Football City Title since the series was restarted in 2008; and
Whereas, St. Joe's Prep advanced to the AAAA State Championship game where they soundly defeated the Vikings of Pittsburgh Central Catholic by a score of 35 to 10 in snowy conditions on Saturday, December 14th, 2013 at Hersheypark Stadium. The Prep trailed 10-7 at halftime before reeling off 28 unanswered points in the second half to secure their first AAAA State Championship; Whereas, the St. Joe's Prep Coach Gabe Infante was named the Coach of the Year by the Philadelphia Daily News and the Pennsylvania Football Writers Association for Division AAAA; and
Whereas -and I know the Prep guys always want another person, had a hard time reading coming up here, but the last time we did this, Councilman Kenney had a hard time with "championship." So I'm glad to see now that the Prep was able to do that. So congratulations. Whereas, four members of St. Joe's Prep Varsity Football Team were honored as members of the Pennsylvania AAAA Football All-State Team selected by the Pennsylvania Football News; and Whereas, Quarterback Chris Martin was named the Inquirer and Daily News Player of the Year. Eight members of St. Joe's Prep team were named to the Inquirer All-Southeastern PA team, including Martin, Offensive Lineman Jon Daniel Runyan and Defensive Back John Reid who were all named to the first-team. And also three members from my neighborhood that were on St. Joe's Prep team, Eddie Mooney, Edward Menner, and Joe Dumond. Just wanted to throw them out there. Let it be known.
Resolved, by the Council of the City of Philadelphia, that Council do hereby honor and commend the St. Joseph's Prep Hawks Varsity Football Team on winning the PIAA AAAA State Championship, the District XII AAAA City Championship and the Philadelphia Catholic League Championship. Further resolved, that an engrossed copy of this resolution be presented to Head Coach Gabriel Infante and the members of the St. Joseph's Prep Football Team as evidence of the sincere sentiments of this legislative body. Congratulations. (Applause.)
And the Chair recognizes Coach Infante for remarks. COACH INFANTE: It's a great honor to be able to bring that trophy back to Eastern Pennsylvania and obviously the Southeastern part of the state. It's a great honor. Thank you for taking the time to honor these great great institution. We're very proud to represent the City, and we're very grateful for the time and the effort that everyone has taken in recognizing the efforts of great young men. Thank you. (Applause.)
Mr. President, just so you know, I think the snow days accumulation required just the captains to show up instead of the rest of the team. They're in school studying.
Thank you. At this time, the Chair recognizes Councilwoman Brown.
Thank you, first say thank you to Joe Meade of the Philadelphia Museum of Art and Jennifer Francis, who serves as the Museum Director of Marketing and Communications at the Philadelphia Museum of Art. This morning I had the distinct -- and let me say thank you to members who were able to come by earlier this morning for a small reception in honor of our special guests. But she first visited with us when my colleague Councilman Goode's father was Mayor, W. Wilson Goode, and Councilman Lucien Blackwell occupied these Chambers. The one distinction about her extraordinary career is that she has 50,000 followers on Twitter. So she has really mastered this social media world. She is one of 650 members of the House of Commons there with the British Parliament and she has the distinction of being the first woman of 110 women in the British Parliament. I'm pleased to welcome and to the Philadelphia City Council, and I want to ask Councilwoman Blackwell and Councilman Goode to take a picture with her just to celebrate a piece of history. If we could please welcome Madam Diane Abbott. (Applause.)
Thank you very, very much, Mr. President. (Applause.)
Thank you. The next order of business is communications. The Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. Mr. Decker, would you 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 Planning Commission on the following bills: Bill Nos. 130901, 130902, 130920, 130946, 130948, 130950, 130907, and 130908; and I am pleased to advise you that on February, 19, 2014, I signed all the bills that were passed by Council at its session on February 6, 2014, except Bill No. 130688-A, and that I am hereby returning as disapproved Bill No. 130701-AA, which was passed by the Council on January 30, 2014; and I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Cecil B. Moore Avenue Urban Renewal Area, identified by house numbers and street addresses as 1725 through 27 Cecil B. Moore Avenue and 1735 Cecil B. Moore Avenue; and Also a resolution approving the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, identified by house numbers and street addresses as 1734 Federal Street, 1606 Latona Street, 1624 Latona Street, 1637 Latona Street, 1713 Manton Street, 1715 Manton Street, 1717 Manton Street, 1721 Manton Street, 1726 Manton Street and 1231 South Seventeenth Street; and An ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Authority for Industrial Development a parcel of land commonly known as 147 Gay Street for further conveyance; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating certain sub-surface portions of Fifteenth Street between Arch Street and John F. Kennedy Boulevard, Sixteenth Street between Arch Street, and Arch Street from Sixteenth Street to a point east of Fifteenth Street; and An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by clarifying penalties for violations of Section 9-622, entitled "Cigarettes and Tobacco Products," by adding a new section to prohibit sales of electronic smoking devices and unapproved nicotine delivery products to minors; and An ordinance amending Chapter 10-600 of The Philadelphia Code, entitled "Public Places - Prohibited Conduct," by adding a new Section to prohibit the use of Electronic Smoking Devices in public places and in the workplace; and An ordinance constituting the Seventeenth Supplemental Ordinance to the Restated General Water and Wastewater Bond Ordinance of 1989, as supplemented; authorizing the Bond Committee to issue and sell one or more series or subseries water and wastewater revenue bonds, all under certain terms and conditions.
Thank you, Mr. Decker. Mr. Decker, do you have any additional messages?
I have received a letter dated February 18th, 2014 from the Honorable Councilman Bill Green to the Honorable Darrell Clarke, City Council President. Dear Council President Clarke and Councilmembers, I am writing to notify you that I am resigning my office as Philadelphia City Councilman At-Large effective immediately. My resignation will take effect this day, February 18th, 2014. It has been an honor to serve the people of Philadelphia as their Councilman, and I look forward to continuing this service through my new responsibilities at the SRC. Serving with you and the rest of Council has been the most rewarding experience of my professional life. I leave Council in good hands. As Chair of the SRC my door will be open to you and our Council colleagues. I look forward to working closely with Council to ensure that every child in Philadelphia has access to a quality education. Respectfully yours, signed William J. Green, IV.
Thank you, Mr. Decker. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. I offer three bills and one privileged resolution.
An ordinance amending Title 21 of The Philadelphia Code, entitled "Miscellaneous," by adding a new Chapter 21-2700, entitled "Firefighters and Fire Service Paramedics Bill of Rights," that adopts minimum standards to protect the rights of uniformed fire personnel including but not limited to Firefighters and Fire Service Paramedics, beyond departmental procedures, in order to ensure equality and fairness of treatment among such personnel.
And an ordinance amending Title 21 of The Philadelphia Code, entitled "Miscellaneous," by adding a new Chapter 21-2800, entitled "Fire Service Paramedic Safety and Health," by adopting minimum standards to protect the health, safety and dignity of uniformed Philadelphia Fire Department personnel working as fire service paramedics.
And an ordinance amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending Subcode F (The Philadelphia Fire Code), by delineating the process to be utilized by the Philadelphia Fire Department in its consideration of temporary or permanent reductions or eliminations of fire companies that provide life safety and property protection from the hazards of fire, explosion or dangerous conditions.
And a privileged resolution in recognition of Black History Month, remembering the "Pullman Porters," the Brotherhood of Sleeping Car Porters, and A. Philip Randolph as the leaders of the nation's first predominantly African-American labor union.
That resolution will be on today's Final Passage Calendar. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. Today I offer four bills, two on your behalf and one resolution on your behalf.
An ordinance amending Chapter 10-600 of The Philadelphia Code, entitled "Public Places - Prohibited Conduct," by adding a new section to prohibit the use of Electronic Smoking Devices in public places and in the workplace.
And an ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by clarifying penalties for violations of Section 9-622, entitled "Cigarettes and Tobacco Products," and by adding a new section to prohibit sales of electronic smoking devices and unapproved nicotine delivery products to minors.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating certain sub-surface portions of Fifteenth Street between Arch Street and John F. Kennedy Boulevard, Sixteenth Street between Arch Street and Cuthbert Street, and Arch Street from Sixteenth Street to a point east of Fifteenth Street.
And an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by creating a new Spring Garden /NCA Overlay District in the area bounded by Spring Garden Street, Broad Street, Callowhill Street, and 18th Street, and prohibiting Personal Credit Establishments within The District.
And a non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Sixteenth and Twenty-Ninth Wards of the City of Philadelphia.
And that resolution will be on next week's Final Passage Calendar. The Chair recognizes Councilwoman Tasco.
Mr. President, I offer one bill on behalf of the Administration.
An ordinance constituting the Seventeenth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented; authorizing the Bond Committee to issue and sell one or more series or subseries of tax-exempt or taxable water and wastewater revenue bonds.
That bill will be referred to committee. The Chair recognizes Councilman Johnson.
Thank you, Council President. I have one bill that focuses on the development of affordable housing units in the Point Breeze community and also three resolutions, sir.
A non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, identified by house numbers and street addresses as 1734 Federal Street, 1606, 1624 and 1637 Latona Street, 1713, 1715, 1717, 1721 and 1726 Manton Street and 1231 South Seventeenth Street.
That resolution will be on next week's Final Passage Calendar.
And a non-privileged resolution urging the United States Congress to pass Senate Bill 1410, entitled the Smarter Sentencing Act, which provides for fairer drug sentencing guidelines.
That resolution will also be on next week's Final Passage Calendar.
And a privileged resolution honoring, recognizing and commending the Southeastern Pennsylvania Transportation Authority on its fiftieth anniversary for its extraordinary service and dedication to the City of Philadelphia.
That resolution will be on today's Final Passage Calendar.
And a privileged resolution honoring, recognizing and commending the City of Philadelphia Mural Arts Program on its thirtieth anniversary for its extraordinary service and dedication as a component of the Philadelphia Anti-Graffiti Network.
And that resolution will be on today's Final Passage Calendar. The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Mr. President. I have one non-privileged resolution.
A non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Seventh, Nineteenth, Thirty-First and Thirty-Seventh Wards of the City of Philadelphia.
That resolution will be on next week's Final Passage Calendar. The Chair recognizes Councilman O'Brien.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilman Goode.
Thank you, Mr. President. I offer one bill and one resolution.
An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled "Philadelphia 21st Century Minimum Wage and Benefits Standard," by further providing with respect to the membership of the Living Wage and Benefits Review Committee.
And a non-privileged resolution amending Resolution No. 110807 (adopted November 17, 2011), which provided for the appointment of a five person Living Wage and Benefits Review Committee pursuant to Section 17-1311 of The Philadelphia Code, by specifying two additional organizations authorized to make appointments to the Committee.
Just direct vote? That will be on next week's Final Passage Calendar. The Chair recognizes Councilwoman Reynolds Brown.
Thank you, Mr. President. No bills or resolutions this morning.
Thank you, Councilwoman. The Chair recognizes Councilman Jones.
Thank you, Mr. President. I have one bill, one privileged resolution, and two non-privileged resolutions. The non-privileged resolution is on behalf of Councilman Henon to amend the demolition bill, which is a technical amendment, not a substantive amendment. The change is in the effective date of the bill. The amendments have been circulated to all members of Council and I wish to be recognized after the title of the resolution is read for a motion to re-call the bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to The Philadelphia Home Rule Charter relating to the creation, appointment, powers and duties of a DHS Community Oversight Board; and authorizing the appropriate officers to publish notice and to make arrangements for the special election.
And a resolution proposing an amendment to The Philadelphia Home Rule Charter to establish an independent Community Oversight Board for the Department of Human Services, and to provide for the Board's appointment, powers and duties; and providing for the submission of the amendment to the qualified electors of Philadelphia.
And a privileged resolution proclaiming and designating the week of April 6, 2014 as "Philadelphia Crime Victim's 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.
That will be on this week's Final Passage Calendar.
And a non-privileged resolution requesting the Mayor to return to Council Bill No. 130688-A, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' by adding new rules and obligations pertaining to construction licenses and renewals of those licenses; creating demolition licenses and increasing fines for expediters that falsify information," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
And that will be on today's Calendar. The Chair recognizes Councilman Jones.
Thank you again, Mr. President. I move that the rules of Council be suspended to permit consideration of this resolution on today's Final Passage Calendar. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and that resolution will be considered on today's Calendar. The Chair now recognizes Councilman O'Neill.
Thank you, Mr. President. I have no bills or resolutions.
Thank you, Councilman. The Chair recognizes Councilman Squilla.
Thank you, Mr. President. I offer one bill and one non-privileged resolution.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by striking from the City Plan and vacating Cypress Street from Broad Street to Watts Street and reserving and placing on the City Plan a right-of-way for various utility purposes.
And a non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-First Ward of the City of Philadelphia.
That resolution will be on next week's Final Passage Calendar. The Chair recognizes Councilwoman Bass.
Thank you, Councilwoman. The Chair recognizes Councilman Oh.
Thank you, Mr. President. I offer two privileged resolutions, one co-sponsored by Councilman Greenlee and Councilman Jones, the other by Councilwoman Bass and Councilman Jones. Thank you.
A privileged resolution recognizing March 9th to March 15th of 2014 as Glaucoma Awareness Week in the City of Philadelphia.
That resolution will be on today's Final Passage Calendar.
And a privileged resolution declaring May 2014 as Hepatitis Awareness Month in Philadelphia to recognize and support the joint efforts of "Hep B United Philadelphia" and "Hepatitis C Allies of Philadelphia" coalitions aimed at raising the profile of Viral Hepatitis as an urgent local health priority.
That resolution will also be on today's Final Passage Calendar. That concludes our introduction of bills and resolutions and our next reports from the committee. The Chair recognizes Councilman Greenlee for a report from the Committee on Rules.
Thank you, Mr. President. The Committee on Rules reports one bill with a favorable recommendation.
Thank you, Councilman. Mr. Decker, would you please read that report.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 130908, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Spruce Street, Juniper Street, Cypress Street, Watts Street, Pine Street and Broad Street, by amending Chapter 14-500 entitled 'Overlay Zoning', by amending Chapter 14-700 of the Zoning Code entitled 'Development Standards', and by amending Chapter 14-800 of the Zoning Code entitled 'Parking and Loading,'" respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 130908. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit reading this day of Bill No. 130908. say aye. (Aye.)
The ayes have it, and that bill will be placed on our First Reading Calendar for today. The Chair again recognizes Councilman Greenlee for a report from the Committee of Public Property and Public Works.
Thank you, Mr. President. The Committee on Public Property and Public Works reports five bills with a favorable recommendation.
Thank you. Mr. Decker, would you please read that report.
The Committee on Public Property and Public Works, to No. 130901, entitled "An ordinance authorizing the Commissioner of Public Property to execute and enter into a Declaration of Rights, Easements, Covenants and Restrictions to govern the relationship among (1) that certain parcel of land, together with the improvements thereon, commonly known as JFK Plaza, located at 15th and Arch Streets, (2) that certain parcel of land, together with the improvements located thereon, commonly known as Love Park Parking Garage, located generally beneath JFK Plaza at 15th and Arch Streets, and (3) certain parcels of land around and beneath Love Park Parking Garage"; and Bill No. 130902, entitled "An ordinance authorizing the Commissioner of Public Property to execute and deliver a deed conveying fee simple title to a certain parcel of land, together with the improvements located thereon, commonly known as Love Park Parking Garage, Plaza at 15th and Arch Streets; together with certain rights and obligations of the owner of the Love Park Parking Garage unit under a certain Declaration of Rights, Easements, Covenants and Restrictions"; and Bill No. 130946, entitled "An ordinance authorizing the Commissioner of Public Property to purchase from the Philadelphia Authority for Industrial Development a certain tract of land together with the improvements thereon situate in the area bounded by 46th Street, Market Street, Haverford Avenue, and 48th Street, known as 4601 Market Street"; and Bill No. 140057, entitled "An ordinance authorizing the Commissioner of Public Property to enter into a lease agreement with the Philadelphia Municipal Authority to lease from the City of Philadelphia the premises commonly known as the Chalfont Recreation Center, for sublease"; and Bill No. 140058, entitled "An ordinance authorizing the Commissioner of Public Property to enter into a lease agreement with the Philadelphia Municipal Authority to lease from the City of Philadelphia the premises commonly known as the Junod Recreation Center, for further sublease, all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 130946, 140057, and 140058. (Duly seconded.)
you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 130946, 140057, and 140058. All those in favor say aye. (Aye.)
The ayes have it, and those bills will be placed on our First Reading Calendar for today. Bills No. 130901 and 130902 will be placed on our First Reading Calendar at our next session of Council. We will now have special business. We will proceed under a special order of business today, a motion that Council reconsider the vote by which Bill No. 130701-AA was passed. This bill was passed by Council at its January 30th, 2014 session and was returned as disapproved by the Mayor at today's session. Mr. Decker, would you please read the title of that bill.
Bill No. 130701-AA, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to The Philadelphia Home Rule Charter to permit City elected officials to become candidates for nomination or election to public office without first resigning from their City office, under certain terms and conditions; fixing the date of a special election for such purpose; prescribing the form of ballot question to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election."
Thank you. At this time, the Chair recognizes Councilman Oh.
Thank you, President. I move that the Council reconsider Bill No. 130701-AA which was approved by City Council on January 30th, 2014. (Duly seconded.)
The motion carries, and Bill No. 130701-AA will be reconsidered at the end of today's Calendar. The next order of business is the consideration of the Calendar, and I note that the bills just reported from committee have been deemed to have had a first reading. These bills will be placed on our Second Reading and our Final Passage Calendar at our next Council session. As there are no additional 2ND READING bills on the First Reading Calendar, the Chair recognizes Councilman Jones for the purpose of calling up bills and resolutions on the Final Passage Calendar.
Thank you, Mr. President. The following resolutions and bills are being called up for Second Reading and Final Passage Calendars today: Nos. 140086, 130861, 130744-A, 130851, 130852, and 120387. All other resolutions and bills are being held.
Thank you, Councilman. Before considering these bills and resolutions on the Final Passage Calendar, we will have our public comment session. If you are interested in testifying on a bill or a resolution that is on the Final Passage Calendar today, I ask that you please sign up to the table at my left. When your name is called, you will come up to the podium in the middle of the Council Chambers. There is a device on that podium. There's a light on that device. When that device -- 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, and when it turns red, we will ask that you please conclude your remarks. And we ask that you please adhere to those guidelines. Mr. Decker, would you please read the name of the first individual.
Mingo Stroeber, commenting on 130851, 130852, and 130861. (Witness approached podium.)
Good morning. I'm Mingo Stroeber. I'm an attorney in Philadelphia. I spent many years as a public defender. I worked for the Family Court in Philadelphia, and I am a sole practitioner here in the City of Philadelphia largely representing indigent people who are accused of crimes, juvenile delinquency acts, and are engaged in the Dependency Court process. I am here to make public comments in support of the legislation 130851, 2, and 130861. I became involved in this process last year when it was revealed that the City of Philadelphia was planning to float an RFP to change the way in which indigent people were represented by lawyers in Philadelphia in delinquency, dependency, and criminal cases. As you probably know, normally the Public Defenders Office represents poor people who cannot afford lawyers, but in cases of conflict, there's a cadre of lawyers who are private lawyers who accept court appointments and handle the representation of poor people who cannot afford their own lawyers. The City's plan was very problematic, in the private Bar's view, and eventually we were thrilled to hear that Councilmen O'Brien and Greenlee were holding hearings to look into this matter. The hearings revealed and all of the people who testified at them testified in opposition to the plan that the City proposed, and I believe that these resolutions come out of that experience. In courthouses all over the land, we see the words "equal justice under the law." The sad reality is that for poor people, people who cannot afford lawyers, it is not often the case that they actually have equal justice under the law. So it's important that in a situation where the City is planning to dramatically change the way in which people who are poor are represented that City Council be involved in overseeing this, especially when very important constitutional rights are implicated. So these bills go a large measure to support that. There needs to be oversight. City Council should be letting the public know what is going on with respect to this. There are ABA standards and other standards that we need to ensure are incorporated into any contract that the City engages in when it comes to the representation of the most vulnerable of our citizens. I would encourage City Council, therefore, to support these bills. I should also add that we do have, as I said, a cadre of lawyers who handle these cases. We do a very good job, but I wish that the City would provide more financial support for this kind of very important representation of our most vulnerable. Thank you so much.
There are no other speakers on the public comment list, Mr. President.
Thank you, Mr. Decker. 2/20/14 - STATED - 2ND READING We will now consider the bills and resolutions on the Final Passage Calendar. Mr. Decker, would you please read the title of 140086.
A resolution supporting the Repair America movement which seeks to prioritize infrastructure investment which will create quality jobs, boost the economy and ensure that communities are safe and healthy, and urging our federal legislators to support this initiative.
Thank you, Mr. President. I move for the adoption. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
Those opposed? 2/20/14 - STATED - 2ND READING (No response.)
The ayes have it. Resolution 140086 is adopted. Mr. Decker, 130861.
A resolution proposing an amendment to The Philadelphia Home Rule Charter to provide that Council approval is required for certain contracts for one year or less for the purpose of providing legal representation and related services for indigent persons, including but not limited to parents and children who are subjects of dependency proceedings; criminal defendants; persons in juvenile justice proceedings; persons involved in behavioral health proceedings; and indigent persons involved in other proceedings where legal representation is required as a matter of law or by court order.
Thank you, Mr. Decker. Resolution 130861 2/20/14 - STATED - 2ND READING is a proposed amendment to the Home Rule Charter, so we will require a two-thirds vote. The Chair recognizes Councilman O'Brien.
Thank you, Mr. President. I move for the adoption of the resolution and would like to be recognized for a few brief remarks. (Duly seconded.)
It's been moved and properly seconded. Councilman, please make your remarks now.
Thank you, Mr. President. The right to counsel is a fundamental procedural safeguard guaranteed under the Bill of Rights to all persons accused of a crime who are unable to afford a lawyer. S. Supreme Court recognized the fundamental role that legal representation plays in a fair criminal 2/20/14 - STATED - 2ND READING justice system. On November 14th, 2013, I introduced with co-sponsor Councilman Greenlee a three-piece package of legislation regarding indigent representation, which is not limited to criminal counsel but also extends to dependency cases. They were recently referred out of committee and are before all of Council today. The first two pieces of legislation are a change to The Philadelphia Home Rule Charter. Bill No. 130851 is the ballot question and Resolution 130861 is the accompanying resolution. Currently, Section 2-309 of the Charter, titled "Leases and Contracts," states that Council may by ordinance authorize the leasing of real estate for more than one year and the contracting for personal property to be supplied or for services to be rendered over a period of more than one year. As a result, City Council has no authority 2/20/14 - STATED - 2ND READING to review contracts that the Administration enters into when the length of the contract is for one year or less. I do not believe that every contract should require City Council approval. However, I do strongly believe that any contract dealing with an individual's constitutional rights is important enough to require Council approval. I understand that amending the Home Rule Charter is not an action to be taken lightly, but these contracts are of such importance that an exception to the Charter is not only required but is in the best interest of the City. The right to counsel is a constitutionally protected right. The contract that the Administration eventually plans to issue an RFP for and sign deals directly with this constitutionally protected right. The Charter amendment will not prohibit the 2/20/14 - STATED - 2ND READING Administration from entering into a contract. It will just require a public forum to be able to review the contract and get the answers before any contract is signed. Without this legislation, there is zero public input. My proposed narrow amendment to the Charter requires that all contracts for rendering of services for a year or less that involve the expenditures of more than $100,000 for the purpose of providing legal representation and related services for the indigent may only be made when permitted by ordinance. This provision applies to the contracts, renewals, and extensions. In order to make the amendment as narrow as possible so as not to open the floodgates of Council approval for every contract, I did the following: One, put a monetary threshold for over -- for every contract over a hundred thousand dollars; two, specifically state that this amendment 2/20/14 - STATED - 2ND READING only applies to contracts dealing with the legal representation of the indigent, and the monetary amount is necessary to make sure that only large contracts are considered. As a result, this excludes individual private attorneys who are currently providing legal representation to the indigent by being court-appointed conflict counsel. However, the monetary amount includes the Philadelphia Defenders Association, Support Center for Child Advocates, Community Legal Services. Because these organizations have been successfully contracted with the City for many years, they are exempt from the review requirement unless Council provides an ordinance to the contrary. The third piece of legislation, Bill No. 130852, is an ordinance that requires audits of the law firm or entity that the City enters into a contract with for the representation of the indigent. There are two audits - a financial audit 2/20/14 - STATED - 2ND READING and a quality control audit.
The financial audit is standard and encompasses what Council already asks of many other departments during the budget process. The quality control audit will be performed by an independent auditor who is familiar with indigent defense systems and the Philadelphia criminal justice system. The legislative intent behind this ordinance is to make sure that the level of representation for the indigent is up to the national standards. Many of these quality controls are prescribed and recommended by the American Bar Association. I believe we are ensuring that Philadelphia lives up to those standards and principles in every aspect of our indigent defense delivery system. Thank you, Mr. President.
Thank you, Councilman. Mr. Decker, there's been a motion and a second. Mr. Decker, would 2/20/14 - STATED - 2ND READING you please call the roll.
Aye. The ayes are 15; the nays are zero. A majority of all members of Council having voted in the affirmative, the resolution passes. Mr. Decker, would you please 2/20/14 - STATED - 2ND READING read the title of 130744-A.
An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled "Philadelphia 21st Century Minimum Wage and Benefits Standard," by further providing with respect to the granting and revocation of waivers of the requirements of the Chapter.
The Chair recognizes Councilman Goode. I'm sorry. It's a bill. This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, please call the roll.