COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 17, 2011 10:10 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair recognizes Father Kevin Gallagher, Chaplain of St. Patrick's Day Observance Association and the Vocation Director for Archdiocese Priesthood. He is here today as the guest of Councilwoman Krajewski. I would ask all members and guests to please rise. (Members and guests rise.)
Let us pray. God, ever faithful and true, we ask your blessings upon the City of Brotherly Love and Sisterly Compassion on this feast of the great apostle of Ireland, St. Patrick. On this day when the City celebrates St. Patrick, Irish culture, we ask the guidance and intercession of St. Patrick that we might be and continue to be a city of light, happiness and peace. Through the intercession of Patrick, we ask your special blessings upon Mayor Michael Nutter and the members of the City Council, that they will always guide the City in truth and integrity. Through the intercession of St. Patrick, we ask your presence in our city that it may continue to be a place of welcome and safety for all. Through the intercession of St. Patrick, we ask that you watch over all of the people that live and work in this great city, that we will always love and respect the dignity of every human person. Through the intercession of St. Patrick, we ask your special blessings upon the Catholic church in Philadelphia, that in the midst of crises, conflict and division, we will fix our eyes on the truth that will set us free. On this day of great Irish celebration, we ask you to watch over and bless those who will celebrate today for their safety, joy and happiness. Finally, bless us at the beginning of this day, and may all that we do, say and accomplish be for the greater glory of God. Amen. (Amen.)
The Chair thanks Father for his invocation. Council will be at ease. (Council at ease.)
The noise level is much too high, please. The next order of business is the approval of the Journal of the meeting of Thursday, March 10th, 2011. The Chair recognizes
Thank you, Madam President. I move that the Journal of the meeting of Thursday, March 10th, 2011 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 10th, 2011 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence. The Chair recognizes Councilwoman Tasco.
Madam President, there are no requests for leave of absence on behalf of the majority today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair and Jones, who will present a resolution honoring State Representative Kesha Ram of the Vermont House of Representatives. Would State Representative Ram and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. Six months ago, I had the very, very good fortune to attend a meeting brought together by Oxfam, which is an international membership organization of women that care very much about climate change, hunger and a number of other issues in our world's poor countries, and during that meeting, I had the wonderful fortune to meet our State Representative Kesha Ram this morning, and the beauty of the story is that you never know, if you take a few minutes just to get to know someone, where that might lead. wonderful, wonderful pleasure to welcome her to the City of Brotherly Love and Sisterly Compassion, some others might say Brotherly Love and Sisterly Effectiveness. Nonetheless, we're delighted that she's here, and it's my wonderful pleasure to welcome and honor Kesha Ram. Twenty-four-year-old State Representative Kesha Ram is a politician whose career you'll want to keep an eye on. After graduating from the University of Vermont in 2008, she ran and won a campaign to become the youngest member of the Vermont House of Representatives and its only person of color. And today recognizing and congratulating State Representative Ram on her historic election and inauguration as the only woman of color and youngest legislator in the Vermont House of Representatives. Whereas, on August 2nd, 1986, Vermont State Representative Kesha Ram Angeles, California to a Jewish mother and Hindu father who had recently immigrated to the United States from India; and
Whereas, Kesha Ram developed an early passion for service, winning her first election in the fifth grade and earning a reputation throughout her childhood as an energetic and dedicated activist for her community; and Whereas, Kesha Ram's record of advocacy and excellence continued at the University of Vermont, where she graduated magna cum laude and became the first person of color to hold the position of Student Government Association President; and
Whereas, in 2008, Representative Ram initiated a lively grassroots campaign for State Representative in the Vermont House of Representatives as a 21-year-old, knocking on every door in and bridging the gap between her college campus and the community surrounding it; and Whereas, on November 4th, 2008, Kesha Ram defeated an incumbent politician to become a Vermont State Representative on the same day Barack Obama was elected to become President of the United States; and
Whereas, Representative Ram has emerged as a leader on numerous issues of importance to Vermonters and the country at-large, committing her time to green job creation, early childhood and higher education affordability, reduction of environmental toxins, tribal rights and recognition, accessible health care and equity in landlord-tenant relations; and Whereas, Representative Ram supplements her legislative work by serving as legal advocate for Women Helping Battered Women, assisting victims the courtroom throughout family and criminal legal proceedings; and
Whereas, Representative Ram's leadership and service have earned her several titles of distinction, including Lola Aiken Scholar, Morris K. Udall Scholar, Ronald E. McNair Scholar, University of Vermont Tower Society Member, Harry S. Truman Scholar, Oxfam "Sister on the Planet" Climate Change Ambassador, and Vision 2020 Delegate; now, therefore, be it
Resolved, by the Council of the City of Philadelphia, that we hereby recognize and congratulate State Representative Kesha Ram on her historic election and inauguration as the only woman of color and the youngest legislator in the Vermont House of Representatives. (Applause.)
And as the token man up here, further resolved, that this resolution be presented to State Representative Kesha Ram as evidence of our sincere sentiments of this legislative body. Sponsored by Councilwoman Blondell Reynolds Brown. (Applause.)
The Chair recognizes State Representative Ram for remarks. REPRESENTATIVE RAM: Thank you so much. I guess it's what happens when you let the token man up here have the last word on a given time. I am just so humbled and honored to be here. I spoke last night at Councilwoman Reynolds Brown's celebration for the next generation leader and rising stars, and I just absolutely saw the best of your city, particularly its women leaders. I want to thank all the Councilmembers, I want to thank Council President Verna, particularly was mentioned in the resolution, I am the proud daughter of immigrants to the United States, some more recent than others, and on my mother's side of the family, they were fleeing the onset of the Holocaust in fact and were coming from Russia, Ireland and England, and on their way to Los Angeles by way of Chicago and other places, my grandfather was actually born in Allentown, Pennsylvania. So in a small way, I do have a connection to your wonderful state. It's been a whirlwind trip for me, but I had a cheese steak, I had a great night's rest in one of your hotels. I met so many amazing leaders, and you should be so excited about the future of your city. You know, I just -- as I was walking around the streets, I could tell how vibrant and colorful and alive this city was, and I know as an elected official that that's never by accident lot of hard work and a lot of good policy on the part of the great City Councilors and the great Mayor of Philadelphia. And so I'm just so humbled to be here. I think the entire Vermont State House is just a little bit bigger than this room. So I'm just really humbled and really impressed with all this work and so, so happy to be honored. Thank you so much. (Applause.) (Council at ease.)
At this time, the Chair recognizes Councilman Kenney.
Thank you, Madam President. I would ask that all the young lads from Ireland and from the United States rugby teams please come up here with us so we can welcome them. (Applause.)
Madam President, we do not have a formal resolution today, but we wanted to welcome these fine athletes to our city. They come from every section of the nation of Ireland and every part of the country here in the United States. They are playing a friendly -- well, I guess it won't be that friendly -- on Saturday, March 19th at 3:30 p.m. at Charles Martin Memorial Stadium here in Philadelphia, and they're playing rugby league. Well, if you're a fan of the NFL and football, American football, it makes it look a little passive, this rugby league game, plus they do not play with pads. So if you want to come out and see some really terrific athletes enjoying an international sport here in our city, I would urge you to go out and attend this event. We have with us today -- and by the way, I'm sorry. I was remiss in not wishing everyone a happy St. Patrick's Day, which is the appropriate way to say much. (Applause.)
As you can see, we have the players here today, and we would like to ask Mr. Gordan Matthews, who I believe is, I'm not sure, coach or manager -- manager, to say a few words and accept our welcome. Thank you.
On behalf of Rugby League Ireland and the Irish Wolfhounds Rugby League team, can I just say what a great pleasure it is to be here today in Philadelphia to celebrate St. Patrick's Day. I would like to also take the Niu with the American team, who organized the trip for us. We're looking forward to a really good game on Saturday. We will be manly enough to wish you very good luck, David. Not too much, but good luck. We look forward to a really tough game. I'd like to also take the opportunity to thank Bartlett, our sponsors, without who the trip wouldn't be possible, and say just thank you again. It's been a wonderful opportunity to come in here and see the Council at work and to promote yourself. Thank you. (Applause.)
Madam President, the manager of the U.S. Tomahawk team, David Niu. (Applause.)
Councilman Kenney, thank you very much for your support of the sport of rugby league in America. As you guys can see, I have an interesting to Philadelphia in 1993. So a very proud Eagles fan and Phillies fan and been involved in the development of rugby in that time, and Councilman Kenney has been very helpful in that process. We look forward to a great game on the weekend. The weather is fantastic. The guys came in from Ireland, and we've got guys who have come in from all areas. So the weather is wonderful and the City has been very gracious in hosting us here. So we look forward to a great game. We welcome the City of Philadelphia out to enjoy and enjoy St. Patrick's Day this evening with the Irish team and the USA team and the game on Saturday. Thank you very much. (Applause.)
And also we want to say hello to the manager, Alan Robinson.
On behalf of the American National Rugby League, I'd like to say thank you to the City of Philadelphia. In 1834, my great grandfather stood here and received his citizenship. This city has welcomed the Irish here for a long, long time and through some very tough times back in those days, and we're glad to be able to participate in welcoming our Irish brothers in rugby today. On behalf of the team, we'd like to present you, Councilman, for your undevoted -- your devoted support, your unwavering devotion to our team, a ball signed by the team and a jersey, No. 20.
From the Irish team, we'd like to present you with a special jersey.
Just, finally, Madam President, we would like to leave a token with them also and present one of our Liberty Bells to each of the managers of each team. Thank you very much. And, Mr. Niu, thank you. And good luck and be safe on Saturday. Thank you, Madam President. (Applause.)
At this time, the Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have one resolution that I would like to introduce, but before that, I want to thank my friend Mary Fogg. We know her RDA, but she's so dedicated and passionate about not only the Philadelphia St. Patrick's Day Parade, but of her Irish faith and heritage. I also want to thank Seamus Boyle, who is President of the AOH, the state President of the Ancient Order of Hibernians in America, the AOH, and all the members of the Irish organizations here today. They came from their traditional Irish breakfast at the Plough and the Stars and will now head over to the Irish Famine Memorial at Front and Chestnut Streets to pay their respects and remember where they come from. I ask all members of Council to support me in this resolution. I'd like to introduce this resolution.
Okay. Thank you. But I would like to recognize them.
You speech, and perhaps you would like them to stand to be recognized. (Applause.)
Welcome. The Chair at this time recognizes Councilmembers Brown and Jones, who will present a resolution honoring Hermione Logan. Will Ms. Logan and those accompanying her please join the Councilmembers at the podium. And I am told that we do have the honor of having State Representative Ron Waters joining us today to also honor Ms. Logan. The Chair recognizes Councilman Jones.
We asked Father Logan if he wanted a chair. He got a little indignant and said, Why do I need a chair? So we're going to move on. There are very, very few things that get to be 100 years old and very few full life of contribution as represented on the stage, people who care about the institution, the person. So today we stand to recognize and congratulate Mrs. Hermione Clark Hill-Logan on the occasion of her 100th birthday. (Applause.)
And looking good. Whereas, Ms. Hermione Clark Hill-Logan was born March 16th, 1911 in Manassas, Virginia; Whereas, Mrs. Hill-Logan is the second daughter of Dr. Leslie Pinckney Hill, the renowned educator, author, poet, dramatist, community leader and first President of Cheyney State University, and Jane Ethel Clark, teacher and counselor, at Tuskegee Institute with Booker T. Washington. Amazing. Whereas, Mrs. Hill-Logan had five sisters, three of whom preceded her are here, sister Eleanor Valentine, who is the young age of 102 years old, and Mary Tucker, who is just a tender baby, who is 92 years old; Whereas, Mrs. Hill-Logan graduated from West Chester High School in West Chester, Pennsylvania, Cheyney State College with a Bachelor of Arts degree, and Columbia University with a Master of Arts degree in 1929, 1933 and 1939, respectively; (Applause.)
Whereas, in 1933, Mrs. Hill-Logan began teaching home economics at Frederick Douglas Junior High School and worked as the school dietician for over 39 years; and Whereas, in 1938, Mrs. Hill married Reverend Thomas W.S. Logan at Saint Simon the Cyrenian Church located in South Philadelphia. The wedding was officiated by Reverend John R. Logan, Sr. and Reverend John R. Logan, Jr., father and brother of the groom; and Whereas, Mrs. Hill-Logan is a member of Saint Simon's Episcopal Church where she served as the President of the Saint Michael's Guild and taught summer school at Camp Hope, a camp for colored youth at Cheyney State College; and Whereas, Mrs. Hill-Logan is described in her late father's poem, Melrose at Christmas, as "Hermione with the Heart of Gold"; and Whereas, Mrs. Hill-Logan has achieved many amazing, remarkable accomplishments in her life and Philadelphia has benefited greatly from her and her family's work and legacy; now, therefore, be it Resolved, by the Council of the City of Philadelphia, that we hereby recognize and congratulate Mrs. Hermione Clark Hill-Logan on the occasion of her 100th birthday. (Applause.)
We also have a card signed by all members of Council like to present to you.
Thank you. At this time, before we recognize Hermione Logan, we are indeed honored to have with us State Representative Ron Waters, who certainly would like to be recognized at this time. REPRESENTATIVE WATERS: Thank you, Council President, and thank you for allowing me the opportunity to be here in Council Chambers to share in this very special occasion. I want to thank Mrs. Logan for all the years that she has given to our society. She has found a new way to live up to a message that we try to teach our children all the time about not giving in to peer pressure. She has found a new way of doing it. She's outlived everybody who grow with her. So the peer pressure doesn't -- is not a problem for her. respect, I just want to say thank you for keeping your promise, because I said to her before, as long as we keep this promise intact, I'll do my part, and my part is to send her a birthday card every time she has a birthday. Her part was to always have birthdays. So she's been keeping her part. So I'm just going to keep buying more and more stamps, because I think that you're going to be with us for a long, long time. God bless you and continue to do all the good things that you are doing. Thank you, Council President. (Applause.)
At this time, I would like to recognize Hermione Logan. And I think we should all do that by a standing ovation. (Standing ovation.)
Age is just a matter of mind. If you don't mind, it doesn't matter.
Mrs. Logan, you want to recite The Teacher that your father, the distinguished Dr. Hill, the first President of Cheyney University, The Teacher, how does it go?
Lord, who am I to teach the way to little children day by day, so prone myself to go astray? I teach them knowledge, but I know how faint they flicker and how low the candles of my knowledge glow. I teach them love for all mankind and all God's children, but I find my love comes lagging far behind. Lord, if their guide I still must be, oh let the little children see their teacher leaning hard on Thee.
God bless you, Ms. Logan. We certainly wish 100th birthday, and we hope for at least another 100, and I hope I'm here at that time to wish you a happy birthday. I'm sorry. Someone else want to be recognized? I see that Councilman Jones is giving me a finger. I don't know what -
My name is Randall Jefferson. I'd like to thank Councilman Jones and Councilwoman Blondell Reynolds Brown and all the Council for honoring Mrs. Logan. I went to both of them and I said we had to do something, because everyone here knows Father Logan, but today, which was yesterday, was Mrs. Logan's day. On Saturday, Father Logan will be 99 years old. So we will celebrate him on March 19th. And I'd like to also say this is befitting that this is Women's History Month, because in Arkansas in 19 -- March 16th, 1911, the women rebelled and took to vote. They had a meeting. So Mrs. Logan was also born on a historic day, March 16th, and it happened in Arkansas. Thank you. God bless you. I would like to say that Anna Diaz is a representative from Cheyney State University representing Dr. Vital, Mr. Eric Almonte, everyone. (Applause.)
Dr. -- I almost called him Dr. Donald "Ducky" Birts. Donald "Ducky" Birts. (Applause.)
Reverend and Mrs. Father Elliott Waters from Annunciation Episcopal Church. (Applause.)
Father Shaw from historic St. Thomas Episcopal Church, one of Father Logan's homes. (Applause.)
My sister Phyllis and my niece Mrs. Trottman, my two loved ones -
Long-time members of Father Logan's church, Calvary, where Mrs. Logan would go and sit in the back while Father Logan would chastise and preach to everyone. My mother, Mrs. Jacqueline Jefferson, who Mrs. Logan was one of the first members of CARIE, which deals with -- Board members for CARIE, which deals with elderly and aging people.
And the Most Worshipful Grand Master of Masons, Robert White. Again, thank you to the Philadelphia City Council and the City of Philadelphia for this honor for (Applause.) (Council at ease.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on March 16, 2011, I signed all of the bills that were passed by Council at its session on March 3rd, 2011, and that on March 16, 2011, I signed the following bills that were passed by Council at its session on March 10, 2011: Bill Nos. 100782-A, 110052, 110054 and 110084; and I am transmitting for the consideration of your honorable body a resolution approving the amended and restated redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Franklin Town Project, designated as Parcel No. 12 and also sometimes identified by house number and street address for Parcel No. 12 as 1601 Vine Street, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one resolution and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 10-1001 of The Philadelphia Code relating to fees charged by the Commissioner of Records by providing that certain fees imposed for the recording of deeds shall be waived with respect to a deed filed solely for the purpose of removing the name of a deceased spouse.
The bill will be referred to the appropriate committee.
And a resolution recognizing and honoring Toppers Spa Salon as it celebrates 30 years of doing business in Philadelphia and the surrounding metropolitan region.
The resolution will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two resolutions, one of which is co-sponsored by Councilwoman Blondell Reynolds Brown, Councilwoman Donna Miller and Councilman Frank Rizzo.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution honoring and recognizing the National Union of American Families for their dedicated mission in uplifting the American family and strengthening family and community ties.
This resolution will be placed on our Second Reading and Final Passage Calendar for our next session of Council.
And a resolution calling for the retention of Audenried School Teacher Hope Moffett.
This resolution will also be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance naming and designating Public Health Center No. 10, located at 2230 Cottman Avenue, as "District Health Center No. 10, the Judge Edward B. Rosenberger Center."
The bill will be assigned to the appropriate committee.
And a resolution calling on Spencer Gifts to stop selling merchandise offensive to St. Patrick's Day and the Irish people.
This resolution will be placed on the Final Passage Calendar for our next session of Council. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Madam President, I offer one bill and two resolutions, one resolution on your behalf, and I wish to be recognized after the title of the resolution on the state privatization of state stores/liquor stores for a special motion.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance establishing a no truck parking regulation on the 5700 to 6300 blocks of Hasbrook Avenue, both sides.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, 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-Sixth Ward of the City of Philadelphia.
This resolution will be placed on our Second Reading and Final Passage Calendar for our next session of Council.
And a resolution urging the General Assembly of the Commonwealth of Pennsylvania to oppose the proposed privatization of the Pennsylvania Liquor Control Board Wine and Spirits Stores.
Thank you, Madam President. I move that the rules of Council be suspended to permit consideration of the resolution on today's Final Passage Calendar. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended to permit consideration of this resolution at today's session of Council. All in favor will say aye. (Aye.)
The ayes have it and the motion passes. This resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Sanchez.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Seventh and Nineteenth Wards of the City of Philadelphia.
The resolution will be considered at our next session of Council. We will now -- I now recognize Councilman Green.
Thank you, Madam President. I have one resolution co-sponsored by Councilman Jones.
A resolution proclaiming the week of April 25, 2011 to April 30, 2011 as "Philly Tech Week," and honoring the broad Philadelphia technology community.
Thank you. This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Jones.
Thank you, Madam President. Today I offer two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution calling on Acting Sheriff Barbara Deeley to impose a stay on residential sheriff sales until homeowners have had the opportunity to apply for the federal Emergency Homeowner's Loan Program.
I neglected to say they were co-sponsored by both Blackwell and Councilwoman Sanchez.
Thank you. The resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution commemorating the 100th Anniversary of the Triangle Shirtwaist Factory Fire, one of the worst workplace disasters in U.S. history.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions today.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. No bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman O'Neill.
The Chief Clerk will please read the title of the resolution.
A resolution in solemn recognition during the week of May 1 through May 8, 2011 as the Annual Remembrance of The Six Million Jewish Martyrs, Who Perished During the Holocaust.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance renaming and designating the Strawberry Mansion Health Center, located at 2840 West Dauphin Street, Philadelphia, Pennsylvania, as the "Dr. Chetwynd Bowling Health Center."
The bill will be referred to the appropriate committee.
And a resolution approving the amended and restated redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Franklin Town Project, designated as Parcel No. 12 and also sometimes identified by house number and street address for Parcel No. 12 as 1601 Vine Street.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Kelly.
The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 10-100 of The Philadelphia Code, entitled "Animals," to provide for mandatory annual licensing of dogs and the creation of dog licensing agents to facilitate the issuance of such licenses.
The bill will be referred to the appropriate committee. The next order of business is reports from committees. The Chair recognizes Councilman Kenney for a report from the Committee on Rules.
Oh, I'm sorry. I forgot you. It's St. Patty's Day, what can I tell you.
Thank you, Madam President. The Committee on Rules reports four bills with favorable recommendations.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 100759, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Section 14-305, entitled 'C-4 and 'C-5 Districts,' by revising parking and area regulations and regulations relating to signs and off-street loading and trash storage in the area bounded by Arch Street, Juniper Street, Cuthbert Street and Broad Street"; and Bill No. 100873, 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 Second Street, Rising Sun Avenue, Cayuga Street, Front Street, and Hunting Park Avenue"; and Bill No. 110005, entitled "An ordinance amending Bill No. 100656, passed by Council on December 16, 2010, to include the executed Neighborhood Development Agreement"; and Bill No. 110006, entitled "An ordinance amending Section 14-305 of The Philadelphia Code, entitled 'C-4 Commercial District,' specifically 14-305, Subparagraph (16), Subparagraph (c) regarding parking for the area bounded by Hamilton Street, 19th Street, Callowhill Street and 20th Street," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Madam President. I move the rules of Council be suspended so as to permit first reading this day of Bill Nos. 100759, 100873, 110005 and 110006. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilwoman Miller for a report from the Committee on Public Safety.
Thank you, Madam President. The Committee on Public Safety reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Public Safety, to which was referred Bill No. 110111, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' by enacting a 9-3000, entitled 'Fair Criminal Record Screening Standards,' to establish provisions and requirements for the screening of criminal records by certain employers within the City of Philadelphia, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you. I move that the rules of Council be suspended so as to permit first reading at this session. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bill just reported from committee. 3/17/11 - STATED - 2ND READING All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with suspension of rules have been deemed to have had a first reading. These bills will be placed on our Second Reading and Final Passage Calendar for our next session of Council. As there are no additional bills on the First Reading Calendar, the Chair now recognizes Councilwoman Tasco for the purpose of calling up bills and resolutions on the Second Reading and Final Passage Calendar to be considered 3/17/11 - STATED - 2ND READING today.
Thank you, Madam President. The following resolutions and bills are being called up for Second Reading and Final Passage Calendar today: Nos. 110187, 110190, 110191, 110193, 110194, 110195, 110025, 110026, 110027, 110028, 110029, 110001, 110109 and 110059. All other bills and resolutions are being held.
Thank you. Before considering these bills and resolutions, we will consider public comment as follows: Your public comment must concern matters on the Second Reading and Final Passage Calendar for possible action at today's session. All speakers must sign up in order to testify. If you have not already signed up, I would suggest that you please do so by adding your name to the list at the table to my left. The Sergeant-At-Arms will be at the table and will take your name and the bill number that you will be commenting on. You will be called in the order in which your name appears on the sign-up sheet. You will have up to three minutes, three minutes to speak. At this time, I would ask the Chief Clerk to please read the first name of our speaker.
Please approach the microphone, sir, to give your comments. Good morning and welcome. MR. McMURTRIE: Good morning. Joe McMurtrie, Dietz and Watson. We're here on Bill 080474, paid leave sick time. I'm not a good speechmaker. I'm a meat packer. And why I'm here today is, I started in the meat business in 1966 in South Philadelphia. At the time, there was 30, 40 maybe meat packing companies in the City of Philadelphia. Dietz and Watson is probably the remaining one or two in the City now, and when bills like this come up before us -we run a union shop. We compete with non-union shops. We have all the paid sick days. We have all that in combining arbitration contracts, and then we -- I found out about this a couple of weeks ago. I just think it's unconscionable that it would come into our business at this point. It's so hard to run a business as it is now. Like I say, we're one of the larger employees in the City. And it's so vague in its standing now. It just -- I just think it's unconscionable. That's all I have to say.
Thank you. We truly appreciate your coming in to express your opinions on this. Thank you.
I'm sorry. Just a moment, please. Councilman Clarke, do you want to be recognized?
Yes, please, Madam President. Madam President, I just want to say that for the individuals who are down here for the sick leave bill because it was placed on the Final Calendar, you may or may not have been at the public hearing. At that public hearing, we had a significant amount of testimony for and against the proposal, but during the course of the hearing and at the end of the hearing, I know that I said, and I believe a couple other Councilmembers said, that we understood the controversial nature of the bill. Therefore, there was going to be significant subsequent conversation centering around whether or not we can ultimately reach an agreement and subsequently passage of the bill. At that time, we also said that there would be at least one amendment and probably additional amendments to address the concerns of the individuals who had raised those concerns at the hearing. One of the amendments that we did not introduce today, I believe personally that it would have resolved a significant amount of the individuals, as I listened to the testimony of the last witness. So I just want people to know that we are going to continue to have the dialogue with those affected and with those that are not affected. This will not be something that we will pass or, frankly speaking, put on the Calendar for final passage, understanding that it's going to be for final passage, without additional conversations. So this is not something, given the broad nature of it, that we're going to try to push through this Council until we have had all of the necessary conversations that we've had and the appropriate amendments. I just want to say that for the record, so anybody who is down here concerned about the process.
Thank you. Councilman Rizzo, your light is on. Did you want to be recognized?
Thank you. Good morning, sir. Please identify yourself for the record.
My name is Jamie Bruning. I'm with the YMCA of Philadelphia and Vicinity and speaking on 080474, the sick leave law. As an organization, we'd like you to reconsider that law. We do care about our members, our employees. We are 1,800 employees in the Greater Philadelphia area, and passing a law to a non-profit and any for-profit -- we care about our employees. We understand our employees are important. We wouldn't survive without them. So we need to be competitive. We need quality, healthy employees to be successful, but to create an administrative burden on the organizations, for-profit or non-for-profit, to administer this, especially employees in and out of the City, doesn't seem appropriate to do from the City Council, and we'd like you to reconsider. And thank you for your time.
My name is Dick Mass. I'm an owner of a company called All Cell Rentals here in Philadelphia, and I want to speak on Bill 080474. I am not an attorney. I do, however, have some reservations about the authority or legality of this bill, City Council passing this bill, and as a City resident as well. I'm concerned that should it go to the court for the validity of it, I'm concerned about spending more City funds to defend the bill, should it pass. Prior to the business I was in, I owned a manufacturing business. We ran multiple production lines. I can tell you that it is very disruptive when employees are missing work in production lines. We would spend our days rearranging the rest of our work so that the people that did show up at work were able to put in the day's work that they came to have. I'll just relay a short story, my personal experience. I had an employee who received four days' pay one week, came in to complain that her check was light. We explained to her that she had phoned in sick one day, and she said yeah, but, you know, she was out sick. I said, Yeah, but you already used your sick days. And she said, But this time I was really sick. This is a true story. Unfortunately, that has left me -- that's my overall impression of paid sick leave. It is unscheduled paid vacation days. No employee leaves it on the table come the end of the year. I just think that it's something that should not be imposed upon businesses in Philadelphia. I think it's very business unfriendly. We all take care of our employees in ways that we think are appropriate in order to retain those employees. So I suggest -- my feeling is, please do not pass this law.
Thank you, Mr. Mass. Thank you for coming in. (Applause.)
Good morning. Good morning, Council President Verna, members of the Philadelphia City Council. My name is John Thompson. I'm the Director of Employee Benefits for FMC Corporation. I'm here to speak today candidly about Bill No. 080474 and why I believe it's bad for businesses operating in the City. FMC is one of the world's largest diversified chemical companies. It provides products in the agricultural, industrial and consumer market area. We make products that go into toothpaste and ice cream and lithium batteries for your cars and cell phones, in addition to other products. Our corporate headquarters is right up the street, 1735 Market, with about 450 people. With respect to this bill, I offer a few points. Point one, like other large employers in our area, for a number of years FMC has provided an array of benefits to support our employees with time off for disability and illness. The provisions of this bill create an overreaching mandate that would supersede our current programs and creating an entitlement to nine sick personal days. Using conservative assumptions, we estimate the cost for this benefit mandate to be in excess of half a million dollars a year just for this population here in Philadelphia. That equates to about five city tax-paying jobs at our current average salary. The question that we and other employers are asking is, how long can large employers afford to create tax-paying jobs in the City with such a financial intrusion on the way in which we choose to conduct our business? Point two, what about the unintended consequences of the bill, which I'm sure most folks aren't fully aware of? Philadelphia has a number of challenges, as we all know, in attracting and retaining large employers, small employers and the like. There is the business tax, the wage tax, the commuting in and out of the City. While Philadelphia has its advantages for area businesses, many of these advantages can be maintained by relocating outside City limits. Is the City of Philadelphia really interested in attracting and retaining large employers as well as medium and small employers and the employment opportunities that come with it? One would not get that feeling if you read the provisions of this bill. Next, over the last few weeks we've seen concerns around the country about the costs associated with pay and benefits for public employees in several states. Have we assessed the cost impact of the bill for City workers? Doesn't the direction of this bill feel a bit odd at this time and go counter to our efforts to contain reduced costs, contain tax increases and improve our overall competitive position? Last point, let's talk about the spirit of this community. FMC has had a presence in Philadelphia for more than 25 years, with our corporate office being located here since 2001. We are proud to call this our corporate headquarters and are engaged in numerous community activities. Like other area employers who call Philadelphia home, we have worked through the challenges, many of which have been mentioned above. But let's be clear, this mandate and overreach into how we run our business is a deal changer. While we run our business this way, we don't believe that this mandate is the best way to create jobs and preserve a strong employer base in the area. We respect the role of local government, but please do not break this spirit that we share with our peers at other Philadelphia employers. In closing, for the reasons I've stated, I urge the Council to vote no on the Promoting Healthy Families and Workplaces bill. I would be happy to answer any questions the Council might have. My contact information will be included in my testimony. Thank you very much.
I hope I can be half as erudite as everyone else who has spoken already. I represent vacationwire.com, a company which I founded 11 years ago in the City of Philadelphia. We've been operating for 11 years right here in Center City. We are a small business. We have hired and retained up to 12 employees. During the recession, we scaled back to six. I believe in the company. I take no salary. I continue to commit myself and my resources to keeping our employees employed here in Philadelphia. If you pass this bill, it will cripple our company. It is unscheduled vacation time, something for which we cannot prepare our plan. Our employees, without being at work, cannot support our clients and maintain the service commitments which we have made. So it will cripple us financially as well as from a service perspective. If you pass this bill, we will not be able to stay in Philadelphia. We run an Internet online travel company. We can operate from anywhere in the world, and we will go someplace that is more employer friendly. That means the City of Philadelphia will not be paid any kind of city taxes from vacationwire.com or receive the employee taxes of our employees. Additionally, all of the small businesses in our area, the restaurants, the purveyors, the office supply stores which we continue to support, will not receive any more financial benefits from our company. I certainly hope you'll rethink this bill and oppose it yourselves. Thank you.
Good morning. Happy St. Patrick's Day and thank you for giving me the opportunity to speak here. I'm not here to discuss the comfort and feel-good merits of the bill. Business is the engine that drives our economy. It provides wages in exchange for services. It pays taxes and supports the fabric of our city. Businesses should be appreciated, not put on a pedestal nor put on a pillory. They should not be maligned or taken for granted. Government seems to believe that they have all of the answers. Let me ask you, are you satisfied with the public school system in the City? It appears to me that cities -and not just Philadelphia -- make budgets, but they're long overdue, they can't meet their budgets, they run over budget. Ask businesses. They can't do that. I happened to watch something on television last week with the Director of the Pennsylvania Alcohol Control Commission. He admitted point blank that four to eight percent of the liquor stores in the State of Pennsylvania have never made a profit, some as long as 10 to 20 years. Businesses cannot do that. There is no employee without an employer. It's a similar transaction to a seller and a buyer. If the buyer does not like what is offered, the seller doesn't make the sale. If an employee does not like the terms and conditions of the job, he doesn't take the job or he moves forward. It seems to me that businesses are still being looked upon as the goose that laid the golden egg. Well, maybe it's time that the golden eggs are no longer being laid in the City of Philadelphia. I'm opposed to the bill on several levels. We're in an economy that is seeing gas prices increased by more than 30 percent in the last two months. Food prices, as reported just yesterday, have already increased by 3.9 percent this year. Vegetable prices have increased by 50 percent. These are the highest price increases since 1976. My personal healthcare for my business has increased by 23 percent in two years, while over a five-year period before that they increased by 13.7 percent. Unemployment in Philadelphia is higher than the national average of 8.9 percent. Has anyone taken a look at storefronts on Front Street, Kensington, Girard Avenue, Lehigh, Erie, Allegheny? Over 30 percent -- I've walked these streets within the last week. Over 30 percent of these storefronts are vacant. Time's up? Thank you.
Thank you, Madam President, members of Council. My name is Al Taubenberger, President of the Northeast Philadelphia Chamber of Commerce. Philadelphia and its business community has been hard hit by the Great Recession. Philadelphia's unemployment hovers at near 11 percent, way above the national average. Mayor Nutter's budget is straining to keep the City afloat in the face of predicted cuts in state and federal funding. The good news has been a reported increase in employment at the Philadelphia Navy Yard, which has attracted businesses, which increases City revenue, taxes and so on. And hotel accommodations are reported at near record levels. With these signs that Philadelphia's economy is stabilizing, it becomes imperative that we let businesses grow unfettered. That's why I appear in opposition to City Council Bill 080474, which would mandate paid sick leave for virtually every Philadelphia business. If enacted, the bill would add another fettering regulation that would keep businesses out of the City and would be the death nil of many small businesses. The Council's intention is good. Employees should be not punished for getting sick nor should workers risk the public health by coming to work sick. The goal, however, is simply not realistic. The bill in itself starts at a much higher level with Pennsylvania having an average 6.5 sick days on average. Philadelphia and its leaders should take the time on focusing on growth. There are approximately 2,500 Philadelphians that are looking for jobs. These are businesses that finally have the ability to reinvest in themselves, and the discussion should focus on Philadelphia and how Philadelphia can attract business. The sick leave bill distracts from this focus. A similar ordinance that was passed in San Francisco in 2006 had two recent studies, the Institute of Women's Policy Research and the Drum Major Institute. Both studies determined the ordinance had no demonstrated positive effect on the city's economic growth, and in fact, 14 percent of the respondents had either been laid off or knew someone who was laid off. City Council may not want to believe it, but it is true that Philadelphia has a perception of being business unfriendly. With the City and the country posed at final rebound of economic recovery, City Council should seize this opportunity to change that perception. I urge them not to pass yet another regulation. We should engage in discussion, a very serious discussion, of how to bring much-needed growth to the City of Philadelphia. Thank you very much.
Good morning. My name is Henri Marcial and my comments are directed toward Bill No. 080474, paid sick leave. I'm here as legal counsel for the Small Business Union and as a member and representative of the Hispanic Chamber of Commerce. As a member and representative of the Hispanic Chamber of Commerce, I would like to say that the Hispanic Chamber supports and agrees with the statements and positions of the Greater Philadelphia Chamber of Commerce, which Council has engaged in discussions with. As counsel for the Small Business Union, I have a bit more to add to that position. The Small Business Union strongly opposes Bill No. 080474 as it currently exists and requests City Council to table this bill and engage in meaningful discussion with us to achieve a reasonable and sustainable set of goals on this topic. After all, it's our checkbooks you need to open to pay for this. We deserve the respect of being included and consulted regarding this matter. As it exists, this bill is very poorly thought out and constructed. The end result of this bill will be to further harm the people it is trying to help. If City Council passes this bill in its current form, City Council will be directly responsible for increasing the cost of food and services to the poor, killing jobs in Philadelphia and the mom and pop businesses for those very same jobs and those very same workers in the poorest neighborhoods of the City, stalling economic growth by making it harder to start a new business. In short, there will be higher prices and fewer jobs, and it will be City Council's fault. Is that worth the handful of votes this political pandering was originally designed for? If City Council really wishes to help the City's residents, it will table the bill and sit down with us to discuss a real way and identify and achieve a real goal in this case without causing harm to the businesses and the community. As an example, yesterday a member of City Council was kind enough to engage us in conversation. During that conversation, one of my colleagues suggested the purchase of insurance, similar to workmen's comp insurance, as a reasonable alternative. We've done some quick investigations and research and found that such insurance actually does exist and that it has been the way other municipalities have addressed this issue. It would provide a reasonable sick leave plan and reduce the direct cost to small business from thousands of dollars to four or five hundred dollars. Of course, more research needs to be done, and we invite Council to table this bill and further investigate that option with us as well as others. That being said, we've advised our members and associates that we will report back on how each and every City Council member votes on this matter, and we will advise them how to vote and who to support based on Council's actions. Thank you very much.
Is Mr. Muss here? UNIDENTIFIED SPEAKER: He already testified.
Good morning, Madam President, members of Council. My name is Rob Wonderling. I'm President of the Philadelphia Chamber of Commerce, here to speak briefly in opposition to Bill 080474. I'm speaking on behalf of approximately 2,000 members of our organization that conduct business in the non-profit sector and in the for-profit sector in the City each and every day. Since we have presented testimony to this Council in the formal hearing I believe about two weeks ago, we've been encouraged by the dialogue and the hand of cooperation that has been extended by Councilman Greenlee and Councilman Clarke. We heard loud and clear at that hearing that you needed to hear from us, and so we estimate that approximately 1,000 individuals who work in this city for the not-for-profit sector and the for-profit sector have engaged individual members of this Council expressing concerns on the bill. We also have heard loud and clear that you would like more detailed analysis on not only the specific impacts, from which you've heard some already today, but the macro impacts as well, and we are well underway in conducting that analysis. And so we are buoyed by the Councilman's comments that this is a work in progress and one that we intend to continue to work with you cooperatively. Thank you.
Good morning, Madam President. Good morning, City Council members. I'm Renee Amoore, President and Owner and CEO of the Amoore Group. We have over 250 employees, 70 which work in the City of Philadelphia, and we have very much a concern about this particular sick bill. We feel that Philadelphia should not be enforcing more mandates on employers. We feel that this should be a role left to employee/employer. This bill creates legal issues for companies, because employers who have operated in different areas of the state or the country will have to offer different benefits, such as the Amoore Group, to different employees, but it will also create a significant HR policy nightmare, administrative burden on companies who operate in more than one city or state, again, the Amoore Group. With the economy still trying to recover, Philadelphia's burdensome taxes and the state of unemployment, it does not make sense to us to punish small businesses or even large businessowners even further. If City Council passes this sick leave bill, look for more employers to either leave the City or for many part-time employees to lose their positions. The Amoore Group, let me be clear, we do give some sick pay benefits, but this bill ties the hands of employers who are already doing the right thing. Some employees have a better accrual rate than the provided information in the bill, actually taking away from benefits. So today we ask that you think about this. Thank you for listening, and also continue to discuss this situation. Thank you.
-- members of the Committee of the Whole. My name is David Hammond and I am the Executive Director of the South Street Headhouse Special Services District. I am here today to testify against Bill 080474 requiring private-sector employers to provide paid sick leave for all employees working within the City of Philadelphia. The South Street Headhouse District is currently made up of 494 businesses. Virtually all of them are small, independent, owner-managed businesses, not chain stores with deep pockets. As I am sure you are aware, small business already faces long odds of success in Philadelphia. Most have triple-net leases that require them to pay the property taxes and the special services district assessments, if applicable. They pay the business privilege license, gross receipts tax, net profits tax. They have to use a private trash hauler at additional cost or pay the City $150 to pick up their trash. And they pay those yearly fees for the Health Department or the PLCB. It is very difficult to prosper. A great many establishments have changed hands and/or changed concepts over the past seven years that I've been the Executive Director of the District. Most of these companies are just trying to survive the year of the streetscape project on South Street and the past two years of the poor economy. Some locations have turned over two or three times. One particular location on the 100 block of South Street has turned over four different times and is empty yet again. A number of District locations - Kildare's, McDonald's, Knave of Hearts, Club 218, Miami Cafe, Chef's Market, Tori's Brickhouse, Gianna's Grille, Ansill, Pearl Arts and Crafts have all gone out of business over the last couple of years, and those properties remain vacant today. There are two blocks on South Street with a vacancy rate of 20 percent and another with a 26 percent vacancy rate. Does this seem like the time to saddle a small business struggling just to survive with another expense? We all constantly hear the states complaining about unfunded mandates forced upon them by the federal government, and this is exactly the same situation at the local level. This bill creates an added expense to a business and provides no funds to pay for it. But this is private industry we're talking about. Businesses in the District are not insensitive to the needs of employees and their families. The concept of sick pay is certainly one that most support, but, again, this is private enterprise. Private enterprise should be able to make their own decisions on what benefits they offer to their employees and not have them forced upon them by legislation. The District opposes Bill 080474. Small businesses are commonly referred to as the category that creates most new jobs and, therefore, drives the economy; in other words, the lifeblood of the City. Please do not further jeopardize the ability of a business to succeed by enacting this bill and adding to the already high cost of doing business in Philadelphia. Thank you very much.
Hello. Good morning, members of Council. I'm here to represent paid sick days. I am one of 40 percent of Philadelphians who used to not receive paid sick days, and the reason why many of them cannot be here is because they don't have time to be here because they're at work or they just can't be here because they're not getting paid. I worked at a bar and restaurant in Philadelphia for two years in between jobs, in between getting laid off and finding my career. I've gone to work with the flu, extremely sick, because if I didn't, I would have gotten fired. Paid sick days offers job security. Everybody here goes out to eat, goes out to get some drinks, and you don't realize that you're getting a risk to be sick, because it spreads all the time. And where I work, there was a cycle. At one time, there was always at least one person there that was sick. It never ended. Today, fortunately, I found a job in a non-profit organization and I now receive paid sick days. A month after starting work at this organization, I had a doctor's appointment and found out that I had to have surgery ASAP. If it wasn't for paid sick days, I wouldn't have been able to have it. And then if I was still working in the bar, I probably would not have had it at the time when it was needed. Also, my father was recently in the hospital. I was able to take time off to be with him when it was something that was serious. And if I was still working without paid sick days, I would not have been able to be with him and my family. I would not have had surgery myself. And I'm not going to go to work with the flu these days. It is something that is extremely important. It infects not only employees; it infects customers. That is something that is truly important and is something that I really do see helping businesses. Employees will be happy. They'll feel valued. They'll respect. And it's something that is going to be helping Philadelphia and helping people be able to go to work, knowing that they will have job security and not facing the risk of losing their job just because they're sick or their child is sick or somebody in their family or household is sick. It's something that is important, and I feel that it should be passed, and I think that is something that the 40 percent of Philadelphians would really appreciate. Thank you for your time. Happy St. Patrick's Day. (Applause.)
Tiffany Lomax. UNIDENTIFIED SPEAKER: Madam President, members of City Council, obviously I'm not Tiffany. Unfortunately she couldn't be here because she had to rush her child to Children's Hospital, but fortunately she's blessed enough to have paid sick time so she can take off and take care of her child. And I just want City Council to realize that there's so many stories out there just like hers, and we urge you to pass this legislation. Thank you.
My name is Joe Morozin, Jr. My family owns and operates the Dining Car, a 24-hour diner located in Northeast Philadelphia. Through hard work and determination, we are proud to be celebrating our 50th year anniversary. As you might imagine, operating a 24-hour, seven-day-a-week food service establishment is full of unique, interesting and diverse challenges, but today, more than ever, businessowners face a perfect storm scenario. First, the cost of goods and services we must purchase has skyrocketed, with some products up 200 to 300 percent. Second, the economic downturn felt by all businessowners these past few years has many of us hanging on for dear life, hoping and praying things will turn around. And, finally, a major increase in the cost of fuel not only increases the cost of products delivered, but will also drive many of our customers away as well. When the consumer is forced to reduce personal spending, the first thing they cut is dinner and a movie. Purveyors actually pass on their fuel cost expenditures in the form of a fuel charge added to our invoice. So you can see with all these additional expenditures, City Council's proposal to make businessowners pay for sick days couldn't come at a worse time. You ask us to pay for sick days. I say, Pay with what? Like many of our nation's governors who are asking for concessions from state workers in an attempt to balance the budgets, we too simply do not have the money to cover the significant increase in payroll costs. Please realize it is not only the cost of paying the employee who is called out sick. His or her replacement must be paid, and at a rate of time and a half if the shift is not covered by a part-time employee. So a shift that is supposed to cost $80, $10 an hour for an eight-hour shift, would potentially cost $200, having to pay the replacement worker $15 an hour in overtime. That is a 150 percent increase in payroll costs for that shift. Over the course of a year's worth of having to pay these additional payroll costs, many businesses will be forced to contract, close or perhaps relocate outside City limits. If in an attempt to defray the cost of the economic hardship being placed on businessowners I ask City Council to pay these costs associated with the proposal, I believe you would tell us what I'm telling you, We're sorry, you would say. We simply do not have enough money in our budget at this time to pay for such a proposal. Well, with all due respect, either do we. Thank you.
-- esteemed members of City Council. My name is Malik Majeed. I'm general counsel and Senior Vice-President of Human Resources for PRWT Services, Inc., a Philadelphia-based company that has been in existence for over 23 years providing business process services and solutions to corporate as well as governmental clients. I'm here today directing my comments in opposition of Bill No. 080474. Dear Councilmembers, temporary and part-time employment promotes greater flexibility for both employee and employer. It allows employees to earn income and remain active in the workforce while providing employers an innovative way to meet critical staffing needs. For companies in the service industry such as ours, particularly during difficult economic times, the use of temporary and part-time employment becomes even more business critical. It allows us, quite frankly, to augment our staff and allows us to be more nimble and flexible. If businesses are required to provide temporary and part-time workers with earned sick leave benefits or provide employees with more benefits than they currently have, both parties are going to lose. And I think based on some of the comments earlier, I don't have to go into too much detail, other than to say employees will lose because companies who already had to downsize due to the economics of our environment, they're going to immediately reduce their staffs even further to absorb the financial impact. Employers will lose because they will incur additional costs and lose the very flexibility that they need to help combat these difficult economic times. I'm not even taking into account the taxes and the insurance that comes associated with adding additional sick time to the employer, nor am I taking into account the costs associated with backfilling when employees are out sick, but I will say that in terms of our particular company, 75 percent of our overtime costs are due to backfilling employees who call out sick. If the City of Philadelphia would like to promote healthy families in the workplace, it must first be a champion of creating and sustaining jobs in Philadelphia. Bill 080474 is onerous to business and will have the reverse effect. It will result in the decline in the actual number of jobs, full and part time in the City, as employers will be forced to move outside of the City limits in order to remain competitive and economically viable. In addition, the passage of the bill will result in heightened litigation. Therefore, it's going to cost employers even additional costs. In closing, businesses should not be forced to increase benefits beyond the scope required by the FLSA, the Fair Labor Standards Act, in order to operate within the City limits. The passage of the bill will drive employer costs up in an already difficult economic environment where employers are already faced with challenges to reduce costs in order to even stay in business. Employees in the City of Philadelphia, by the way, do better than the national average at 44 percent versus 49 percent without paid coverage. Reinstating sick time under separation of employment within 12 months, which was one of the provisions in the bill, creates an undue administrative burden, which will result, quite frankly, in less people being hired since when companies are able to bring them back, say, within nine or 11 months, they will wait. And there's nothing in the bill that prevents what we are going to call employee abuse. So with that, on behalf of PRWT and Harold T. Epps, we stand in opposition of Bill No. 080474. Thank you for your time.
Ms. Armstead actually came with me, and I said all that we wanted to say.
-- and members of City Council. I thank you for the honor and privilege to speak before you for just a moment. I come to stand in agreement with the passing of Bill 080474. I believe personally that it is a good bill. It's for the strengthening of families and workplaces. I'm on the ministerial staff at Mt. Pisgah African Methodist Episcopal Church, and we work along with the Campaign for Working Families during the tax season helping persons to have their taxes, federal and state taxes, prepared for free. The bill is a good bill and it's good for families, because a healthy family is a family that will have the persons that are working in the workplaces to be healthy, and the workplace will be healthy. And if a workplace is healthy, then the employer will receive more money in the operating of their business, because the employees will not be spreading germs and sicknesses throughout the workplace. And when the workplace is healthy, you have an employee that is willing to even work harder than they normally would, because they feel more honored and respected by the employer. And when the employee can work and have paid sick time, then when their children are sick at home, they can take that day off to take their children to the hospital, to care for their family members in their own homes. So, again, I stand in agreement with this bill. Please pass this bill. Thank you. (Applause.)
Good morning. Thank you for this opportunity to share my comments in favor of this Bill No. 080474. I would like to start my statement as an individual. My name is Kistine Carolan and I am a resident of Philadelphia. I left my family and friends and moved here from the Midwest seven years ago to pursue a Master's Degree in social work. I had every intention to leave upon completing my degree. However, I fell in love with Philly, and so I found work in a six-month internship immediately after graduating. I worked for $12 an hour with no benefits. The only thing I could afford was hope that I wouldn't get sick. One morning I woke up with an odd sensation. I brushed it off as sleepiness. Once I got to work, though, there was no room for denial. Each co-worker confirmed that for the first time in my life, I had pinkeye. My co-workers and supervisor were eager to get me out of the office, my very pink eyes clearly unsettling them. While I did not formally have sick time, my organization allowed me the day off to seek treatment, and it took the entire day to get that treatment. I'm very grateful for the health centers, because without health insurance, I was able to go there for care. I spent six hours in the waiting room before I had the chance to meet with the doctor for 30 seconds, who, not unsurprisingly, took one look and wrote me a prescription. Most illnesses are not as visible as pinkeye, but are similarly contagious. The irony is that I would guess if we became green with the flu and purple with nasty colds and such, we wouldn't be arguing whether to allow sick days. Businesses, especially restaurants, would have some of the most progressive policies on shooing sick workers out the door so they wouldn't drive away customers. As it is now, however, restaurants do not need to have concern for their customers' health. Then visibility of sickness is no excuse for allowing ill employees to suffer and to infect co-workers, vulnerable children and senior citizens they take care of or restaurant goers whose food they closely interact with. I would also like to add that today is my two-year anniversary of quitting smoking. (Applause.)
Thank you. It's been kind of hard. When the bill to ban cigarettes from restaurants and other public spaces was introduced, there was similar contention. I enthusiastically supported that bill even though at the time I was a smoker. I am grateful it passed, knowing for my own experience that healthy spaces allowed me the opportunity to do what I needed to do. Healthy businesses I believe promote a healthy and productive Philadelphia. As a representative of my employer, Maternity Care Coalition, we would like to stress the positive impact this bill will have on families and, in particular, women. According to national research, working women are the primary caregivers of children, with four and five mothers indicating that they are responsible for accompanying children to the doctors. Half of working women miss work when their children get sick. Of these, half do not get paid for that time off. Women continue to receive lower pay than men in equal positions, and moreover, two-thirds of low-wage workers do not receive paid sick days, and women make up the majority of that workforce. This data makes clear that the lost pay coupled with increased responsibilities for the health of young children is an unfair burden on women in Philadelphia.
Excuse me. Your time has been up. I would ask you to please conclude your statement.
I ask that you support and pass this bill immediately. Thank you.
Hi. I guess you all recognize me, which is very nice. Thank you for the recognition. I want to wish all of you a happy St. Patrick's Day.
Just a moment, Mr. Fisher. We must have silence, please.
I want to make it clear that I do not take coming up to speak lightly. This was a hard-won benefit which required this body to be taken to court, all the way to the Pennsylvania Supreme Court, to rule that citizens and taxpayers could speak before this body under the Sunshine Law of 1993. All other municipalities, cities, states in Pennsylvania agreed to do this except for this body. So I don't take this privilege lightly. It was a hard-fought privilege. Now, I want to congratulate you on doing the housekeeping business of the City, such as the satellite dish issue, but I want to also tell you that the house is on fire. The taxpayers are in revolt because money is bleeding out of the City. Taxes are going up. Councilpersons are being sued.
Thank you, Madam President. I would be most appreciative if Mr. Fisher could tell us what bill he's talking about on the Calendar.
Is that okay? Well, listen, I want to congratulate you on taking care of the housekeeping, but what I'm trying to tell you -- and for some reason, this is a very insular group. The taxpayers are in revolt here and it's not being addressed. That's all I want to say. Thank you.
I'm here as a citizen of Philadelphia to support the bill that would provide sick days for many residents of Philadelphia. I'm supporting it not only as a worker protection measure, but simply as a public health measure. I, quite frankly, think that it's sad that the businesses in this city can't see beyond the moment, that they can't see that it's to their benefit to not spread disease amongst their workforce and further amongst their clientele, that they can't see the benefit of that. So I would certainly urge this body to help them work in their long-term interest and not their short term. Thank you. (Applause. )
Tyrone Ferguson. COUNCILMAN DiCICCO: Point of order, Madam President.
Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I need to leave on official business. I may not be back in time for the vote, so I would ask that my vote be aye on all bills and resolutions.
Leave will be granted. COUNCILMAN DiCICCO: Thank you.
Good afternoon. My name is Tyrone Ferguson and I'm here on behalf of the Bill 080474. In the past, I was a dropout, homeless and on drugs. This May I will be graduating with a Bachelor's Degree, and when I get that Bachelor's Degree, I hope that I can come out and receive employment and to receive some benefits. I am suffering with osteoarthritis as well as depression, but that has never stopped me from continuing to be motivated. You know, I stand here on behalf of 210,000 people who have jobs and not benefits. When I get that job, I want to be assured that I can go out on benefits to take care of the medical concerns. I listened to all of these people, and I wanted to ask them, of you who have jobs today, do you have benefits? And if you have a job today, how would you feel if you did not have benefits? Thank you for allowing me to share. (Applause.)
Is Alyce Bowling here? Please approach the microphone. Good morning.
Notice I left out the "Saint," but for those of us who are interested in saints marching in or out, it's there. I speak specifically on 080474. When I came, I was not very prepared. I'm a very confused, mentally ill individual. I'm 71 almost. My father was born here in 1900. I think we have to, as I said a little while ago, rethink and retool. Philadelphia is our fair lady, make no mistake about it, all you people crying the blues. The homeless come here for refuge. They wipe rear-ends. They park your cars while you go into the stadium and enjoy the best seats in the house, or whatever. Make no mistake about it, we are a democracy here.
I'm sorry. You're going to have to speak into the microphone. You're going to have to speak into the microphone, please.
Oh, excuse me. I'm not like Sinatra. I'm not used to these things.
Over in the Northeast, among other many wonderful things we have beside the Dining Car Restaurant, which is a wonderful place -and I know they will survive -- we have a milk bottle, the old Harbison seal test, whatever, milk bottle. It's in great need of repair. I call it the calico cat bottle. I'd like to see artwork done on it. You can go into that some other time. As I was saying, we're very homogenized, and that's a great thing, because it lends to our strength. Any of you blackmailers that want to leave the City, go. My heart bleeds. Their heart bleeds.
This is not going to be a debate. Just tell us how you feel about the bill. Either you're for it or opposed to it, but we're not going to have interaction between the parties.
I think I have, ma'am. I'm sorry. I affirm the bill most assuredly. Philadelphia will survive the threats of drug companies or whatever else. (Applause.)
The intimidation repeatedly demonstrated by the republican party, for example, is an atrocity. We are a holocaust. How dare people say we can't get along without them? We love Jersey and Delaware, New York, Washington, DC, Chicago, et cetera, et cetera. To define things again once more, you will give me the moment. We are the Ciudad named Philadelphia. We are in the Commonwealth, the commoner's wealth, the commoner's wealth of Pennsylvania, Penn's Woods. He points and he tells us, look around. South Street is in trouble? When I was a child, it looked like World War II.
Excuse me, please. Your time has been up. I've given you some latitude. However, I'm going to ask you at this time to please conclude your statement.
You're welcome. Thank you for coming in. (Applause.)
Thank you, Madam President, for your indulgence and thank you, members of Council, for this opportunity. My name is John Meyerson. I'm the Director of Legislation and Political Action for the United Food and Commercial Workers Union and we represent the clerks who work in the Pennsylvania Wine and Spirits shops, and on behalf of Wendell Young, our President, who could not be here today because he is in Erie testifying in the House panel on this committee -- on this issue, and if anybody has been to Erie, you know he would really rather be in Philadelphia. But I would like to thank Council for its consideration of this resolution. It's very important to the hundreds of PLCB employees who work in the City of Philadelphia. It's very important to the communities and the children of Philadelphia who our hard-working clerks work to protect every day, and it's very important for the revenue of the Commonwealth. The Liquor Board -- liquor stores return a half a billion dollars a year to the Commonwealth. So with that in mind and on behalf of our members, I would like to thank the Council for its consideration and urge passage of this resolution. Thank you. 3/17/11 - STATED - 2ND READING
Thank you very much. Are there any other witnesses? (No response.)
Thank you. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. The Chief Clerk will please read the title of Resolution No. 110187.
A resolution honoring and recognizing the work of the women of the Philadelphia delegation of the first historical International Black Women's Forum on Education, Diversity and Identity.
The Chair recognizes Councilwoman Blackwell. 3/17/11 - STATED - 2ND READING
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution No. 110190.
A resolution proclaiming March, 2011, as American Red Cross Month in the City of Philadelphia.
The Chair recognizes Councilwoman Tasco. Is she in the room? 3/17/11 - STATED - 2ND READING Councilwoman Miller.
Not for me. For Councilwoman. I need to be excused to attend Council business and would like to be recorded as voting aye on all bills and resolutions.
Thank you. Leave will be granted. The Chair recognizes Councilman Kenney for a motion.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. 3/17/11 - STATED - 2ND READING The Chief Clerk will please read the title of the next resolution.
Resolution No. 110191, entitled "A resolution calling on the Pennsylvania Delegation to the United States Congress to reject the hearings proposed by Representative Peter King, republican of New York, on the so-called radicalization of the American Muslim Community.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
Those opposed? 3/17/11 - STATED - 2ND READING (No response.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110193.
A resolution recognizing and celebrating Al Johnson, former Local 88 President, for his years of commitment and service to the membership of District Council 33 on the occasion of his 81st Birthday.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.) 3/17/11 - STATED - 2ND READING
The ayes have it and the resolution is adopted. We will now consider Resolution 110194.
A resolution recognizing and congratulating the Free Library of Philadelphia on the successful completion of their 9th annual One Book, One Philadelphia literacy program.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. 3/17/11 - STATED - 2ND READING (Aye.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the next resolution.
Resolution No. 110195, entitled "A resolution recognizing and congratulating State Representative Kesha Ram on her historic election and inauguration as the only woman of color and youngest legislator in the Vermont House of Representatives.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and seconded that the 3/17/11 - STATED - 2ND READING resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Clerk will please read the title of Resolution No. 110025.
A resolution appointing Christopher Laufer to the Board of Directors for the Old City Special Services District.
The Chair recognizes Councilman Kenney on behalf of Councilman DiCicco.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the 3/17/11 - STATED - 2ND READING resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. We will now consider Resolution 110026.
A resolution appointing Avram Hornick to the Board of Directors for the Old City Special Services District.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. 3/17/11 - STATED - 2ND READING (Aye.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of the next resolution.
Resolution No. 110027, entitled "A resolution reappointing Christopher P. McGill to the Board of Directors for the Old City Special Services District.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.) 3/17/11 - STATED - 2ND READING
The ayes have it and the resolution is adopted. The Chief Clerk will please read the next resolution.
Resolution No. 110028, entitled "A resolution reappointing Carolyn Pfeiffer to the Board of Directors for the Old City Special Services District.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
Those 3/17/11 - STATED - 2ND READING opposed? (No response.)
The ayes have it and the resolution is adopted. We will now consider Resolution 110029.
Resolution appointing Lynn Martin Haskin to the Board of Directors for the Old City Special Services District.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
Those opposed? (No response.) 3/17/11 - STATED - 2ND READING
Madam President, I have a very important matter that I have to leave. I'm going to ask if I can be excused, but I want to be recorded as voting aye on all subsequent bills and resolutions.
Leave will be granted. Thank you. I believe the next bill to be considered is Bill No. 110001.
An ordinance amending Bill No. 100307, entitled "An ordinance approving the Fiscal Year 2011 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works.
This 3/17/11 - STATED - 2ND READING bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman Clarke is voting aye. Councilman DiCicco is voting aye. Councilman Goode.
Aye. The ayes are 17; the nays are zero. A majority of all members having 3/17/11 - STATED - 2ND READING voted in the affirmative, the bill passes. We will now consider Bill No. 110109.
An ordinance authorizing the continuation and modification of the extended trial program authorized by Bill No. 090003 by establishing an Authorized Program under which advance approval is given to the Philadelphia Facilities Management Corporation to enter into certain contracts and transactions arising thereunder for the purchase, storage, distribution, transportation and/or transmission of natural and other gas supply on behalf of the Philadelphia Gas Works.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. 3/17/11 - STATED - 2ND READING
Councilman Clarke is voting aye. Councilman DiCicco is voting aye. Councilman Goode.
Councilwoman 3/17/11 - STATED - 2ND READING Miller is voting aye. Councilman O'Neill.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 110059.
An ordinance 3/17/11 - STATED - 2ND READING authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement with the Philadelphia Authority for Industrial Development, for use of a premises by the City located at 1221 Bainbridge Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman Clarke is voting aye. Councilman DiCicco is voting aye. Councilman Goode.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. I believe we do have a resolution to be considered. I would ask the Chief Clerk to please read the title.
A resolution urging the General Assembly of the Commonwealth of Pennsylvania to oppose the proposed privatization of the Pennsylvania Liquor Control Board Wine and Spirits Stores, introduced by Councilwoman Tasco.
I'm sorry. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. That completes our Calendar for today. Are there speeches on the minority? The Chair recognizes Councilman Kelly.
Thank you, want to take this time to thank Councilman Kenney for the beautiful shamrocks that he's given his colleagues today.
And I want to join Councilman Kenney and Councilman Greenlee, Councilman O'Neill and Councilman Green and Councilwoman Krajewski in wishing everyone a very happy, safe and dignified St. Patrick's Day. Thank you.
Thank you. Same to you. The Chair recognizes Councilman Jones.
I join with my colleague Councilman Kelly wishing everyone happy St. Patty's Day, but also to avoid an April Fool's Day. And April Fool's would be if we allowed the sheriff sales to continue next month. There are 2,100 sheriff sales, homeowners, on the docket for the month of April. I'm happy that my Latino brothers and sisters and my Korean brothers and sisters helped us propel us back to the fifth largest city in the nation, and my Irish brothers and sisters today, too. But we must recognize that we still are one of the poorest big cities, with a 10.7 percent unemployment rate, and with a looming 2,100 sheriff sales, this is the largest number in the history of this city. And I'm calling upon Sheriff Deeley, who has done a great job in protecting poor people in the past. I'm calling on the President Judge, who clearly reminds us that Council has no authority to stop sheriff sales, and we agree, but in this time when hope is on the horizon from the federal government with a proposed program, entitled Help, coming from Congress, which could save many of these homes through workouts, we should wait. has fought on this issue has said, let's not act in haste so we can repent in our leisure. Let's take a moment, take a timeout from this sheriff sale process. If we continue this, 0.5 percent of the homes in Philadelphia will be sold next month, and that's six percent over the year if we keep that pace. We need to slow down a little bit. And enjoy the rest of your day safely. Thank you, Madam President.
Thank you. Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that Council stand adjourned until Thursday, March 24th, 2011 at 10:00 a.m.
It has been moved and seconded that Council stand adjourned until Thursday, March 24th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you all very much. (Stated Meeting adjourned at 12:25 p.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on March 17, 2011, and that this is a true and correct transcript of same. MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)