Stated Meeting March 7, 2019 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 7, 2019 10:50 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 7, 2019
Good morning. We're going to get started. We're running a little late. We want to make sure that the Mayor is here to deliver his message on time. Folks, if I could ask everyone to please be quiet. Thank you. Thank you. If the members will take their seats and we clearly have a quorum, we'll get started. To give our invocation this morning -- folks, seriously, I really do need to -- thank you. To give our invocation this morning, the Chair recognizes the Reverend Donald Moore of Mount Carmel Baptist Church. He is here today as the guest of Councilman Green. I would ask all members, guests, and visitors to please rise. (Councilmembers, guests, and visitors rise.)
Let us pray. Dear Wise and Loving Father, Stated Meeting March 7, 2019 day. Lord, I come praying for our Mayor as he continues to lead and direct this city. Lord, we now enter collectively in prayer asking for your continued love and guidance as these elected officials assembled here on today to conduct the matters of the City of Philadelphia. We come seeking your blessing on the tasks that are before them as they navigate through the process of making decisions. And, Lord, we ask that you walk with them as they walk among your people. Grant each member represented here clear insight, deliberation, and wisdom as they make balanced and impartial choices that will impact the day-to-day lives of the residents and those who work in the City. Equip this Council with the eyes and hearts for humanity to know that at the end of every meeting and political decision is a human being who is depending on the Council to think wisely, Stated Meeting March 7, 2019 humbly, and to act justly. Oh, God, I ask that you give these Councilmembers a sympathetic ear to hear and listen to the voices of those marginalized in the City. Now I ask that this body of elected public servants, once they have heard the voices of those marginalized, those still fighting for equality and equity, those who are still in need of a living wage that affords them the ability to live decently in the City, those that have been forgotten by decades of social economic classism, that these officials become the authentic voice to make a difference. Lord, I conclude this prayer by requesting that you continue to transform, heal, and make a difference in this city through this City Council. Amen. (Amen.)
Thank you so much, Pastor, for those inspiring words. Stated Meeting March 7, 2019 be at ease. (Council at ease.)
Thank you again, Pastor, for those inspiring words. Our next order of business -before we start, I would ask if anyone has a device, cell phone or any other type of device that makes any noise, if you can please turn it off or turn it on airplane mode or whatever mode you need to turn it on to not ring. Thank you. Our next order of business is the approval of the Journal of the meeting of Thursday, February 28, 2019, and the Chair recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, February 28th, 2019 be approved. (Duly seconded.)
Thank you. It has been moved and Stated Meeting March 7, 2019 Journal of the meeting of Thursday, February 28, 2019 stand approved. All those in favor say aye. (Aye.)
The ayes have it, and the Journal is approved. And our next order of business is requests for leave 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. The Chair now recognizes Councilman O'Neill.
Thank you, Mr. President. On behalf of the Stated Meeting March 7, 2019 republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. At this time, I would like to dispense with the regular order of business and really want to thank you for taking time out of your busy day to come down on this very special day to witness your government in action in its fullest form, the Mayor's budget address. We hope that today is a knowledgeable one but, more importantly, a pleasurable one, so much so that you come back again. So, again, thank you for being here. Today we have no presentations, for obvious reasons, and I know some people might be a little upset about that, but we'll be back next week. Our next order of business is communications, and the Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. Stated Meeting March 7, 2019 And, Mr. Decker, will 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 recommendations of the City Planning Commission on the following bills: Bill Nos. 190001, 190016, 190058, 190061, and 190062. And I am pleased to advise you that on March 6, 2019, I signed all of the bills which were passed by Council at its session on February 21, 2019, except Bill No. 181103, which I am returning without my signature. And I am submitting herewith for the consideration of your honorable body a resolution authorizing the Philadelphia Land Bank to dispose of 2937 North 8th Street located in the Fifth Councilmanic District; and A resolution providing for the Stated Meeting March 7, 2019 of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2020 through 2024, and incorporating proposed changes with respect to Fiscal Year 2019, which is to be submitted by the Mayor to the Pennsylvania Intergovernmental Cooperation Authority; and An ordinance to adopt a Capital Program for the six Fiscal Years 2020 through 2025 inclusive; and An ordinance to adopt a Fiscal 2020 Capital Budget; and An ordinance adopting the Operating Budget for Fiscal Year 2020; and An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates; and An ordinance authorizing the Commissioner of Public Property to enter into an agreement between the City of Stated Meeting March 7, 2019 the Philadelphia Redevelopment Authority to act as the City's agent for marketing, competitive bidding, sale and development, as applicable, of certain City-owned properties; and An ordinance authorizing and approving certain additional projects designated by the City Director of Finance to be financed by the Philadelphia Municipal Authority with remaining proceeds of said Authority's City Service Agreement Revenue Bonds Series 2014B tax exempt; and An ordinance authorizing the Commissioner of Public Property to convey to the Commonwealth of Pennsylvania all or a portion of a parcel or parcels of land in and about the area bounded by Tacony Creek, Levick Street, Milnor Street and Barnett Street, all under certain terms and conditions.
Thank you, Mr. Decker. Do you have any Stated Meeting March 7, 2019 additional communications?
Thank you very much. That concludes our messages, and we will now move to the introduction of bills and resolutions, and the Chair recognizes Councilwoman Reynolds Brown.
Good morning, Mr. President. I offer one resolution this morning.
A privileged resolution Honoring and Recognizing Tezarah Wilkins, Melissa Tsuei, and Tanikka Charrae for their selection to the Google Podcast Creator Program.
Today's Calendar. The Chair recognizes Councilwoman Blackwell.
Thank Stated Meeting March 7, 2019 you, Mr. President. I have no bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. On your behalf, I offer one bill and one resolution.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 21st Street, Oxford Street, 20th Street, Jefferson Street, and Ridge Avenue.
And a non-privileged resolution authorizing the Philadelphia Redevelopment Authority to dispose of certain properties located in Stated Meeting March 7, 2019 the Fifth Councilmanic District.
And that will be on next week's Calendar. The Chair recognizes Councilman Henon.
Thank you, Mr. President. On behalf of the City of Philadelphia, I offer four bills, one resolution, the budget.
An ordinance to adopt a Capital Program for the six Fiscal Years 2020 through 2025 inclusive.
And an ordinance adopting the Operating Budget for Fiscal Year 2020.
Stated Meeting March 7, 2019 Referred to committee.
And an ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates.
And a non-privileged resolution providing for the approval by the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2020 through 2024, and incorporating proposed changes with respect to Fiscal Year 2019, which is to be submitted by the Mayor to the Pennsylvania Intergovernmental Cooperation Authority.
And that resolution will be referred to committee. The Chair recognizes Councilman Jones. Stated Meeting March 7, 2019
An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades, and Professions," by adding a new Chapter entitled "Fair Chance Housing," prohibiting the use of the criminal history by landlords within the City of Philadelphia.
Thank you, Mr. Decker. Councilman, I think that's co-sponsored by all members as a part of the anti-poverty initiative.
For the record, it is sponsored by all members of Council to deal with the anti-poverty effort of this body.
We got to get a plug in wherever we can. Stated Meeting March 7, 2019 That will be referred to committee. The Chair recognizes Councilman Johnson.
Thank you, Councilman. The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Council President. On your behalf, I have one of the bills as part of narrowing the gap. Thank you.
An ordinance amending Chapter 16-400 of The Philadelphia Code, entitled "Vacant and Surplus Properties," by requiring affordable housing for certain dispositions.
And that will be referred to committee. Stated Meeting March 7, 2019 The Chair recognizes Councilman Green.
Thank you, Council President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilwoman Parker.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Domb.
Thank you, Mr. President. I have one privileged resolution, a very important one, and one bill on your behalf, Council President.
An ordinance amending Chapter 9-3900 of The Stated Meeting March 7, 2019 Philadelphia Code, entitled "Property Licenses and Owner Accountability," to require all Rental Listing Services to record and report Rental License information for each Rental Unit listing located within the City of Philadelphia.
And a privileged resolution honoring and celebrating Philadelphia Eagles Quarterback, Nick Foles, for his accomplishments on the field, his historic place in Eagles' history and his contributions to Philadelphia.
Oh, okay. That will be on today's Calendar. You think we can convince him to stay? No? He's already gone? Gone, huh? Moved for the money. I don't blame him. The Chair recognizes Councilwoman Gym.
Thank you Stated Meeting March 7, 2019 very much, Council President. I have one privileged resolution and on your behalf, I have one bill as part of the Council's historic anti-poverty initiative, narrowing the gap.
An ordinance amending Chapter 9-3900 of The Philadelphia Code, entitled "Property Licenses and Owner Accountability," by adding and amending certain definitions; authorizing the establishment of the Low-Income Tenant Legal Defense Fund; and requiring certain documents in actions for eviction or collection of rents.
And a privileged resolution Honoring and Commemorating the Life and Legacy of Ken Derstine, a Dedicated Philadelphia School District Teacher and Resilient Public Education Advocate. Stated Meeting March 7, 2019
That will be on today's Calendar. The Chair recognizes Councilman Taubenberger.
Thank you, Council President. I have no bills or resolutions today.
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.
Thank you, Mr. President. I have one bill on your behalf as part of the anti-poverty legislation and one additional bill.
Thank you, Councilman. Stated Meeting March 7, 2019
An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Income and Receipts Taxes," by adding provisions intended to preserve and expand the provision of affordable rental housing to Philadelphia residents, including, but not limited to, excluding from the definition of "receipts" a portion of the rent received by a landlord for the rental of certain affordable housing units, and excluding certain of the net income attributable to such excluded receipts from the definition of "net income."
Thank you, Mr. Decker. That bill will be referred to committee.
And an ordinance authorizing Michael Meyers, doing business as Fill It Up Again, to install, own and maintain an open air sidewalk cafe at 436 East Girard Avenue.
And Stated Meeting March 7, 2019 that will also be referred to committee. The Chair recognizes Councilwoman Bass.
Thank you, Mr. President. I have no bills or resolutions this week.
Thank you, Councilwoman. The Chair recognizes Councilman Oh.
Thank you very much. I offer one privileged resolution co-sponsored by Councilmembers Derek Green, Cindy Bass, and Blondell Reynolds Brown.
A privileged resolution Recognizing and Honoring the 2018 Winners of PHL LIVE Center Stage.
And that will be on today's Calendar. Thank you. And our next order of business will be our reports from Stated Meeting March 7, 2019 committee, and the Chair recognizes Councilman Greenlee for a report from the Committee on Law and Government.
Thank you, Mr. President. The Committee on Law and Government reports three bills and two resolutions with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia, the Committee on Law and Government, to which was referred Bill No. 180818, entitled "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 mandatory establishment and hiring Stated Meeting March 7, 2019 of employees within the civil service system to be designated as 'Public Safety Enforcement Officers'; setting forth the duties of such employees; and authorizing the appropriate officers to publish notice and to make arrangements for the special election"; and Bill No. 190083, entitled "An ordinance amending Chapter 20-1000 of The Philadelphia Code, entitled 'Political Contributions and Expenditures,' to add and make changes to provisions regarding campaign contributions; contributions to transition and inauguration committees; and campaign finance disclosures"; and Bill No. 190102, 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 calling on the General Assembly to provide for a decent, living wage, as approved by Resolution of the City Council"; and Stated Meeting March 7, 2019 180830, entitled a "Resolution proposing an amendment to the Philadelphia Home Rule Charter providing for the mandatory establishment and hiring of a new class of employees within the civil service system to be designated as 'Public Safety Enforcement Officers'"; and Resolution No. 190115, entitled a "Resolution proposing an amendment to the Philadelphia Home Rule Charter calling on the General Assembly to provide for a decent, living wage; and providing for the submission of the amendment to the electors of Philadelphia," respectfully reports it has considered the same and returns the attached bills and resolutions to Council with a favorable recommendation.
Thank you, Mr. Decker. The Chair again recognizes Councilman Greenlee.
Thank Stated Meeting March 7, 2019 you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bills No. 180818, 190083, and 190102. (Duly seconded.)
Thank 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. 180818, 190083, and 190102. All those in favor say aye. (Aye.)
The ayes have it, and these bills will be placed on our First Reading Calendar today. Resolutions No. 180830 and 190115 will be placed on our Final Passage Calendar at our next session of Council. That concludes our reports from committee, and we will now have Stated Meeting March 7, 2019 3/7/19 - STATED - 1ST READING consideration of the Calendar. I note that the bills just reported from committee with a suspension of the rules have been deemed to have had a first reading. They will be on our Second Reading and Final Passage Calendar at our next session of Council. The Chief Clerk will please read any other bills on our First Reading Calendar.
Bill No. 181063, entitled "An ordinance authorizing the Philadelphia Gas Works by Philadelphia Facilities Management Corporation, Philadelphia Municipal Authority, and the Commissioner of Public Property (on behalf of the City of Philadelphia) to enter into certain transactions and contracts regarding a liquefied natural gas project on property and facilities owned by the City of Philadelphia and operated by the Philadelphia Gas Works, including certain leases and licenses, and contracts related to the purchase of Stated Meeting March 7, 2019 2ND READING natural gas, all under certain terms and conditions."
Thank you. The Chair agrees. This bill will be placed on our Second Reading and Final Passage Calendar at our next session of Council. The Chair now recognizes Councilman Henon for the purpose of calling up resolutions and bills that are on our Final Passage Calendar today.
Thank you, Mr. President. The following resolutions and bills are being called up for Second Reading and Final Passage Calendars today: Bill Nos. 190138, 190139, 190141, 190142, 190145, 181005-A, 180515, 190001, 190016, 190058, and 190006, in addition to 190001. All other bills and resolutions are being held.
Thank you, Councilman. Before calling up these bills and resolutions for consideration, we Stated Meeting March 7, 2019 will have our public comment session. Our public comment session will go as follows: If you have an interest in testifying on a bill or resolution that is on the Final Passage Calendar today, if you have not already done so, you may sign up at the table to my left. When your name is called, you will go to the middle of the Chambers. There's a podium with a device on it. When the light turns green on that device, 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 our guidelines and conclude your remarks. You will be given three minutes to speak on public comment. We appreciate you and your anticipated cooperation on these guidelines. Mr. Decker, please call the first name.
Joe Danihel, Stated Meeting March 7, 2019 commenting on 181063 and 190141. (Witness approached podium.)
Good morning. This is an official decree of the people in writ of mandamus quo warranto and, as such, requires immediate action and remedy. Every week, Council, Mayor, Governor, and others transfer private property to the government, probably illegally. The U.S. Attorney General McSwain correctly identified the failure to perform a known duty or task is illegal and causes great harm. No attorney people know this action as treason. Over 90 times in this very room, I have decreed government officials to act, and have suffered greatly from their failure to perform a known duty or task. Council Chambers are usually Stated Meeting March 7, 2019 occupied by the Sheriff Department. The armed Sheriff's Department is a law enforcement official in the Commonwealth with the power to arrest judges, government officials, and government employees. The Sheriff's Department witness or has witnessed in their presence in my case over 90 times a conspiracy to deny numerous God-given rights, including, among others I'll name, Title 42 PA CSA 8902, conduct which imperils my personal security or my private property rights. I decree to the Sheriff Department to perform their duty to arrest every Councilperson and staff. The constitutions require immediate remedy of this breach of law, breach of close, breach of fiduciary duty. Your oath of office requires you to act or face prison. 42 USC 1982, 1983, 1985, 1986, 1987, 18 USC 241, 242, 2381, 2384, PA Constitution, Article I, Sections 1 Stated Meeting March 7, 2019 through 28, 26 PA CSA 703, 705, 708, 709, 711, 712, 713, 716, 902, and other laws listed in SCOTUS 15-8965, 14-1330, 14-4056 appear violated. I call on the federal and Commonwealth governments to perform their constitutional obligations to investigate and prosecute all involved in the theft and illegal deed transfer of my home, 1038 West Wyoming Avenue. The denial of God-given 42 USC 1982 property rights for 25 years is egregious, extraordinary, and 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 require oath, Stated Meeting March 7, 2019 Constitution, and law be enforced, and jail is required for all who violate oath, Constitution or law. I remind Council, it takes a lot of cooperation to create and allow monumental, this monumental, corruption.
Thank you very much for your speech. (Applause.)
There are no other speakers on the public comment list, Mr. President.
Thank you very much. Before we proceed with the Calendar, I would like to recognize obviously our special guests here from the Administration. I want to thank all of you being here, in addition to which we have our Sheriff. Let me see if we have any other independently elected officials, and our School Board, both Chair and Superintendent. I also would like to thank our Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING leadership team members from the General Assembly, Representative Jordan Harris in leadership and Representative Jay Dawk, a former member of this team in City Council. Thank you guys for being here. We really appreciate you so much for all the great work you do up in Harrisburg. We will now proceed with our Calendar. And, Mr. Decker, please read the title of 190138.
A 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 Forty-Fourth Ward of the City of Philadelphia.
Thank you, Mr. President. I move for the Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it, and that Resolution 190138 is adopted. Mr. Decker, 190139.
A resolution declaring the City of Philadelphia a Hidden Hero City in recognition of the important work and vital role of military and veteran caregivers in the City.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.) Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING
Thank you. It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it, and Resolution 190139 is adopted. Mr. Decker, 190141.
A resolution authorizing the Philadelphia Land Bank to dispose of 250 West Thayer Street located in the Seventh Councilmanic District.
And the Chair recognizes Councilwoman Quinones-Sanchez.
I move for its adoption. (Audience members yelling out.)
Thank you. Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING Councilwoman, you called for a motion already?
It's been moved and properly seconded. All those in favor on 190141 say aye. (Aye.)
The ayes have it. 190141 is adopted. Mr. Decker, 190142.
A resolution calling on the State Legislature and Governor to recognize the authority and efforts of Pittsburgh City Councilmembers to protect citizens from acts of gun violence through common sense gun legislation following the massacre at the Tree of Life Synagogue. Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING
Mr. President, I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it. Resolution 190142 is adopted. Mr. Decker, 190145.
A resolution urging the Pennsylvania General Assembly to grant more local control for the operation of the right-of-way, the installation of roadway features, to effectively enforce speed limits and the implementation of policies that Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING discourage dangerous driving.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it. 190145 is adopted. Mr. Decker, please read the title of 181005-A.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Roosevelt Boulevard, 3rd Street, Hunting Park Avenue, 2nd Street, Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING Sedgley Avenue, Ontario Street, Hutchinson Street, 9th Street, and Wingohocking Street.
This bill has been heard on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Councilman Henon. Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING
Councilman Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING Taubenberger.
Aye. The ayes are 17; the nays are zero. A majority of all members present voting in the affirmative, the bill passes. Mr. Decker, please read the title of 180515.
An ordinance amending Section 14-303 of The Philadelphia Code, entitled "Common Procedures and Requirements," to amend requirements regarding Neighborhood Notice and Meetings.
This bill having been heard on two separate days, the question is shall the bill pass finally. Mr. Decker, call the roll.
Councilwoman Bass. Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING
Councilman Oh. Stated Meeting March 7, 2019 3/7/19 - STATED - 2ND READING