Stated Meeting Invocation February 11, 2016 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 11, 2016 10:55 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN ALLAN DOMB COUNCILMAN DEREK S. GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILWOMAN HELEN GYM COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN DAVID OH COUNCILWOMAN CHERELLE L. PARKER COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA COUNCILMAN AL TAUBENBERGER MICHAEL A. DECKER, CHIEF CLERK Stated Meeting Invocation February 11, 2016
We're going to get started now. We have a quorum. I'd ask all guests and visitors to please retire behind the rail, and as the members take their seats, we'll get started. To give our invocation this morning, the Chair recognizes Pastor Derick Brennan of Canaan Baptist Church. He is here today as the guest of Councilman Derek Green. I would ask all guests and visitors and members to please rise. (Members and guests rise.)
To our Council President, Councilman Clarke, who is Councilman for my home district, as well as to Council Lady Bass, who is in the district of our church, Councilperson Stated Meeting Invocation February 11, 2016 Brown, a friend of Canaan, and to Councilman Derek Green, a Canaanite and a brother. Let us bow our heads for a word of prayer. Gracious and everlasting God, we thank you for this day. And, Lord, we are so grateful that the earth is yours and the fullness thereof. Lord God, we continue to pray for our global family, especially those impacted by war, refugee status, as well as the Zika virus. Lord God, we pray for our nation, for our President, our Congress, our Senate. And, Lord God, we remember those in Flint, Michigan and so many others, Lord, who are going through such a difficult time. We pray for our state, Governor Wolf, and all of the legislators in Harrisburg. And, Father God, we pray for this great city, our Mayor, Mayor Kenney. Stated Meeting Invocation February 11, 2016 great Council session. And so, Lord God, we say thank you for the wisdom. And, Lord, we pray for even more for each of these Councilpersons and all who are here today. We thank you, Lord God, for vision. We pray for even more, Lord, not only for the immediate but also the ultimate, especially vision for the least of these among us. We thank you, God, for the work ethic and the sacrifice of these individuals who lead this city. Lord, we ask that you renew them and keep them. But also, Lord God, we thank you for the love, for the love that is borne not simply out of the ballot that has been cast but, Lord, out of a sense of service and duty to make a difference for each Philadelphian. And so, Lord God, we ask that the words of William Penn would continue to be true, that, Father God, we would be true friends who unbosom freely, advise Stated Meeting Invocation February 11, 2016 justly, assist readily, adventure boldly, take all patiently, defend courageously, and continue as friends unchangeably. And in the name of Jesus the Christ we do pray. Amen. (Amen.)
Thank you, Pastor, for those inspiring words. And Council will be at ease. (Council at ease.)
Thank you. Thank you so much. Thank you. And, again, Pastor, thank you for those inspiring words. Folks, can I ask quiet, please. Thank you. Our next order of business will be approval of the Journal of the meeting of Thursday, February 4th, 2016, and the Chair recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Stated Meeting Invocation February 11, 2016 of Thursday, February 4th, 2016 be approved. (Duly seconded.)
Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, February 4th, 2016 stand approved. All those in favor say aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leaves of absence, and the Chair recognizes Councilman Henon.
Thank you, Mr. President. On behalf of the majority, there are no requests for leave of absence today.
The Stated Meeting Invocation February 11, 2016 On behalf of the minority, the Chair recognizes Councilman Oh.
Thank you very much, Council President. On behalf of the minority, there is a request for excused absence for Councilman Brian O'Neill. He is ill today.
The Chair thanks the gentleman, and leave shall be granted. Thank you very much.
Thank you, sir. At this time, I would like to dispense with the regular order of business and recognize the guests and the visitors joining us in the Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session, and we appreciate you taking time out of your busy day. We hope that you truly enjoy yourself. Stated Meeting Invocation February 11, 2016 is always a good thing, and we actually practice true democracy in this Chamber. So I hope that you enjoy yourself so much that you come back again. Again, thank you. At this time, the Chair recognizes Councilwoman Bass, who will present a resolution recognizing Imhotep Institute Charter High School Football Program. Would Coach Al Crosby and those accompanying him please join the Councilwoman at the podium. (Councilmembers and guests approached podium.)
And joining Councilwoman Bass, we have Councilwoman Parker, Councilman Green, and Councilman Henon. And we also have Councilman Johnson.
Can we start by just giving a round of applause to all these fantastic young people. (Applause.)
So often, Stated Meeting Invocation February 11, 2016 know, on the news they cover the planes that crash. They don't cover the ones that land. And they don't look at our young people as much as they should who are doing fantastic, phenomenal things, who have bright futures, who are working hard, who know about success, and who have done great work, prepared themselves for this moment. And I am just so encouraged and so thrilled to welcome Imhotep here. And we have a resolution this morning, which reads: Honoring and recognizing Imhotep Institute Charter High School Football Program for a phenomenal season and for making Philadelphia history by becoming the City's first public-league team to win a Pennsylvania Interscholastic Athletic Association State Championship. (Applause.)
I'm so proud of you. Stated Meeting Invocation February 11, 2016 Whereas, on December 18th, 2015 Imhotep Charter went on to make Philadelphia history by defeating two-time state champion Cathedral Prep in a spectacular 40 to 3 victory in the Pennsylvania Interscholastic Athletic Association State Championship Game; and
Whereas, Imhotep's journey to winning the state championship actually began two years ago, in Hershey Park Stadium, when they became the first Philadelphia public school team to reach the state championship game. Unfortunately, at that time, they came up short; and Whereas, Imhotep has come a long way from its humble roots in East Germantown. Their tireless determination culminated with a perfect 15 and 0 season as well as setting a title game record of 514 total yards on offense; and
Whereas, for the past four years Imhotep Football Program has been directed by head coach Stated Meeting Invocation February 11, 2016 his devoted coaching staff has transformed a small school of 600 students into a state football powerhouse with a four year overall record of 53 wins and only 6 losses;
Whereas, Coach Al Crosby goes beyond the role of any head coach serving as a mentor for his hard-working players, guiding them both on and off the field. Coach Crosby juggles many responsibilities on a daily basis from helping players find housing to finding a field for the team to practice; and
And whereas, Coach Crosby has always inspired his student athletes to prosper, stressing the value of teamwork, individual excellence and perseverance through adversity. Crosby takes satisfaction in seeing his players grow into men as they continue to pursue and accomplish their goals. Over 30 Imhotep Stated Meeting Invocation February 11, 2016 athletic careers with scholarships to colleges and universities; now, therefore, be it
Be it resolved, by the Council of the City of Philadelphia, that it hereby honors and recognizes Imhotep Institute Charter High School Football Program for a phenomenal season and for making Philadelphia history by becoming the City's first public-league team to win a PIAA State Championship. Further resolved, that an engrossed copy of this resolution be presented to Imhotep Charter High School Football Program as evidence of the deep admiration of this legislative body. They're an inspiration to us all and a positive reflection of our great City. Congratulations. (Applause.)
The Chair recognizes Coach Crosby for Stated Meeting Invocation February 11, 2016 CROSBY: Thank you very much. My name is Coach Al Crosby. I just want to say thank you. Extremely proud that the City Council would invite our young people to come into your space. I also want to thank District 12, Robert Coleman, Dr. Robert Coleman. He assisted and helped us through this whole process and was there for us every step of the way. Just a quick thing on Imhotep, Imhotep Charter High School is a small school located in the Northwest section of Philadelphia. We started the football program approximately about 13 years ago. I've been the head football coach for four years. During this time of being head football coach, I've kind of understood our young people and our space. Formerly I was the offensive coordinator at West Catholic, and I thought I came across every situation. When I came to Imhotep, I learned that Stated Meeting Invocation February 11, 2016 of our young people that were homeless. And I thought I was able to handle every situation, but when I got that situation, the young people that were homeless, they were able to embrace our program. They bought into our structure. And they were young people that you didn't even realize that were going through different type of transitions, situations. We then became a unit, and they started to believe in our structure and our vision and our plan. We started winning some football games. Then they started to believe. Once they believed, we just started gathering success, and now I'm very proud to say that we have 15 seniors graduating from high school and all those seniors are going on to secondary education. ) COACH CROSBY: The other thing which I'm extremely proud of is nine of those young men are playing at the highest level of college football that Stated Meeting Invocation February 11, 2016 at. We have young men going -- a young man going to Florida State, another young man going to Oklahoma, San Diego State, Penn State University, Temple University, New Hampshire, Delaware State, Rhode Island. We had one previous at Arizona State. And one that's really extremely proud to my heart, because of the City of Philadelphia, we get scrutinized about our academic standards, but we have a young person going to Vanderbilt University. Extremely proud of him. ) COACH CROSBY: Our school is very committed to our young people. Not only are they committed to us in regards to athletics, is the part that I'm kind of overseeing with the football part, but our school is very committed to our young people in regards to the community. But academics stands a very strong force for our school, and it's one of the things that we preach every single day. We talk Stated Meeting Invocation February 11, 2016 SAT, ACT. We talk about Khan Academy. We talk about our young people just being successful young people in our society. And these guys come from youth football programs across the City of Philadelphia, and if you're a Raider, a Black Hawk, an Aztec, a Monarch, a Bantam, they follow their leads and -Hurricane, Wildcat, I apologize, but they follow their leads. And so those are the young guys that hopefully we can make this a regular thing and we're standing in front of you every year, and that's the plan. So I just want to say thank you again. ) UNIDENTIFIED SPEAKER: Good morning, everyone, and thank you for having us here today. The Board of Imhotep Institute Charter School and its family community, we would like to thank the City of Philadelphia for this esteemed acknowledgment of these amazing Stated Meeting Invocation February 11, 2016
We would like to honor and thank the parents, the coaches, the teachers, and our phenomenal administrators for their unwavering support of our young scholar athletes. And remember I said scholar athletes. Most of all, we want to say a powerful Ashay to all of these young men. Ashay. ) UNIDENTIFIED SPEAKER: We are in the business of producing the new Paul Robesons and other great African ancestors that set the course for collective change in this country and the world. A special thanks to Councilwoman Cindy Bass, Robert Coleman, and the School District of Philadelphia for their tremendous support. Thank you all for the love and light and sharing this extraordinary moment. And we have an affirmation that we want to share with the City of Philadelphia. ) UNIDENTIFIED SPEAKER: Thank you all. )
Thank you and, again, congratulations. At this time, the Chair recognizes Councilwoman Blackwell, who will present a presentation recognizing Dr. Evelyn Graves. Would Dr. Graves and those accompanying her please join the Councilwoman at the podium. (Councilmembers and guests approached podium.)
And joining Councilwoman Blackwell, we have Councilwoman Gym, Councilwoman Blondell Reynolds Brown, and Councilman Johnson and Councilman Jones.
Thank you, Mr. President. And we welcome not Stated Meeting Invocation February 11, 2016 daughters, whom I've known since they were children, and certainly to Dr. Graves and members of the community who are also here to honor her and the other members of her family who are here. Resolution naming 5400 Chester Avenue and the 1400 and 1500 blocks of South 55th Street as "Dr. Evelyn Graves Way" and in recognition of Dr. Graves' 45 years of exemplary service to the community. Whereas, Dr. Graves is a historic treasure in Southwest Philadelphia. Starting out in 1970 as a housewife and mother of six, she had a burning desire to reach out to the youth of her community; and
Whereas, Dr. Graves was honored and acknowledged by the National Association for the Advancement of Colored People as a "Legend"; and Whereas, Dr. Graves was Stated Meeting Invocation February 11, 2016 in the creative and performing arts, who has empowered generations of African American families by several presidents including Bill Clinton and President Barack Obama; and Whereas, Dr. Graves provided basic necessities of life in the community with food, housing, cultural arts, education, spirituality and hope in the targeted areas of West and Southwest Philadelphia and Delaware County;
And whereas, Dr. Graves created thirty-seven programs in the Evelyn Graves Ministries, including: the Evelyn Graves Drama Productions, the Pre-K through 12 Grade Academy, the School of Performing Arts, the Day Care Center, the Christ Chapel Church, the Summer Day Camp Program and After School Programs; Whereas, Dr. Graves traveled and presented over four decades of history in cultural and performing arts that includes showcases by emerging Stated Meeting Invocation February 11, 2016 states, seven different countries including Eastern and Western Caribbean and South Korea;
Whereas, Dr. Graves has reached over half a million families locally and internationally; Whereas, Evelyn Graves Ministries headquarters, located at the corner of 55th and Chester Avenue, has petitioned the City and its involved residents to have the streets that flank the headquarters to be given the honorary designation as "Dr. Evelyn Graves Way"; and
Now, therefore, be it resolved, that the Philadelphia City Council hereby names 5400 Chester Avenue and the 1400 and 1500 blocks of South 55th Street as "Dr. Evelyn Graves Way" in recognition of Dr. Graves' 45 years of exemplary service to the community. Stated Meeting Invocation February 11, 2016 resolved, that an engrossed copy of this resolution be presented to Dr. Evelyn Graves as a sincere expression of the Philadelphia City Council's gratitude and recognition. Congratulations. (Applause.)
Thank you. I'm Dr. Cassandra Graves, Dr. Evelyn Graves' daughter, and I'm flanked by my family, all six of her children that she birthed. We all have worked in the organization in one capacity or another. So it gives us a great honor to be able to accept this award for Dr. Evelyn Graves for 45 years, 45 years just reaching out and helping the underserved, those who were forgot about. But we are here today to say thank you to our mother. Thank you, President Councilman, Jannie Blackwell, and all the Councilmen that signed this Stated Meeting Invocation February 11, 2016 great, great honorary destination. The Evelyn Graves Ministries' departments in every area are here today. Our Drama Department is here. Our ministerial staff is here. Our Day Care -- our Academy young people are represented here today. Our Day Care is represented. All of these programs our founder and our mother birthed. Came out of South Carolina in the '50s, got into Philadelphia, and she used her hands as a weapon to bring peace to Southwest Philadelphia. She started with her ink pen, writing plays. Her plays have traveled. Kingsessing was our first stop, and at Broad, it went out from there, colleges and universities, and you heard the rest of the story. In Seoul, Korea our plays were interpreted in seven different languages for a hundred thousand people at one time. A play that she wrote, a play that Dr. Evelyn Graves wrote -(Applause.) Stated Meeting Invocation February 11, 2016
-- we were able to present. So we thank God for this moment. When we shared with our mother, Dr. Graves, about this honor, her first question was, Well, how did this happen? And I said, Councilwoman Jannie Blackwell. Her next question was, Jannie Blackwell has my telephone number? I said, We have Jannie Blackwell's phone number. So it's an honor. It's an honor to be standing with my family, to be standing with our church, to be standing with our community. If Dr. Graves had the microphone right now, she would say, Oh, Lord our God, how excellent is thy name, able to do what she could do with what was in her hands, and 45 years later, she's still standing and she's standing strong at 55th and Chester Avenue, now Dr. Evelyn Graves Way. Stated Meeting Invocation February 11, 2016 about this moment, and we want you to all join in with me and keep the vision alive. And how do you keep the vision alive? Supporting non-profit organizations like Dr. Evelyn Graves, Evelyn Graves Drama Productions, keeping arts alive, keeping private education alive and strong, and definitely keeping our spiritual community alive and alert. Could you help me welcome and recognize my mother, Dr. Evelyn Graves. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
Thank you. Congratulations again. The next order of business is communications, and the Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. Stated Meeting Invocation February 11, 2016 Decker, please read those messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am transmitting herewith for the consideration of your honorable body an ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Authority for Industrial Development all or part of a parcel of land and any improvements located at 3033 West Glenwood Avenue, for further conveyance; and An ordinance authorizing the Public Property Commissioner, on behalf of the City of Philadelphia, to convey to the Philadelphia Authority for Industrial Development land in the 30th Ward of the City of Philadelphia, located along the Schuylkill River between South Street and Christian Street, known as 624 Rear Schuylkill Avenue, all under certain terms and conditions.
Stated Meeting Invocation February 11, 2016 Thank you. Those messages will be printed in today's Journal. Mr. Decker, do you have any additional communications?
Thank you very much. Our next order of business will be introduction of bills and resolutions, and the Chair recognizes Councilwoman Reynolds Brown.
Good morning, Mr. President. I offer one bill this morning co-sponsored by Councilman Al Taubenberger.
An ordinance amending Chapter 17-600 of The Philadelphia Code, entitled "Procurement Price Preferences," by adding a preference for alternatives to expanding polystyrene, under certain terms and Stated Meeting Invocation February 11, 2016 conditions.
That bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. Today I introduce one bill and one non-privileged resolution.
An ordinance amending Chapter 12-2800 of The Philadelphia Code, entitled "Administrative Adjudication of Parking Violations," to establish an amnesty program for fines, fees and penalties on parking violations.
And a non-privileged resolution authorizing the Commissioner of Public Property to Stated Meeting Invocation February 11, 2016 execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Third and Sixth Wards of the City of Philadelphia.
And that will be on next week's Final Passage Calendar. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. On your behalf, I offer one bill.
An ordinance authorizing Dr. Jack Carroll for Magee Rehabilitation Hospital to construct, own, and maintain a liquid oxygen tank and the construction of an associated masonry enclosure at 1513 Race Street. Stated Meeting Invocation February 11, 2016
That bill will be referred to committee. The Chair recognizes Councilman Henon.
Thank you, Council President. Today I offer one privileged resolution.
A privileged resolution recognizing Career and Technical Education Students and Programs in Philadelphia in Recognition of Career and Technical Education Month in Pennsylvania.
And that will be on this week's Final Passage Calendar. The Chair recognizes Councilman Jones.
Thank you, Mr. President. I have two resolutions, one privileged and -- one non-privileged, two privileged. Stated Meeting Invocation February 11, 2016
A privileged resolution recognizing and congratulating Philadelphia native Marvin Harrison upon being elected to the Pro Football Hall of Fame.
And that will be on today's Final Passage Calendar.
And a privileged resolution honoring and celebrating Philadelphia's African American dentists and physicians for their preservation of life, limb, health, healing and happiness as 2016 Philadelphia Living Legends, all as part of the commemoration of Black History Month.
And that will also be on this week's Final Passage Calendar.
And a privileged resolution authorizing joint hearings by the Committees on Public Safety and Stated Meeting Invocation February 11, 2016 Housing, Neighborhood Development and the Homeless to conduct hearings to evaluate strategies to mitigate improper mortgage foreclosures in Philadelphia.
That will be on this week's Final Passage Calendar. The Chair -
Just for the record, Mr. Harrison is a 5th District resident. He just went to a high school in the 4th District, so I would like you to co-sponsor that resolution.
Thank you, Councilman. Not too often we get Hall of Famers from our neighborhood. Thank you so much, Councilman. The Chair recognizes Councilman Johnson.
Thank you, Stated Meeting Invocation February 11, 2016 Council President. I have one bill and one non-privileged resolution.
An ordinance authorizing the Commissioner of Public Property to acquire certain land in the 30th Ward of the City of Philadelphia, located along the Schuylkill River between South Street and Christian Street, known as 624 Rear Schuylkill Avenue.
That bill will be referred to the appropriate committee.
And a non-privileged resolution urging Congress to pass the Healthy Maternity and Obstetric Medicine Act, otherwise known as the Healthy MOM Act.
That will be on next week's Final Passage Stated Meeting Invocation February 11, 2016 Calendar. The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Mr. President. I have one non-privileged resolution and one privileged.
A privileged resolution recognizing, congratulating and honoring Zaire "Bam" Anderson on an outstanding season as a member of the Super Bowl 50 Champion Denver Broncos.
That will be on this week's Final Passage Calendar.
And a non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain Stated Meeting Invocation February 11, 2016 City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Eighteenth, Nineteenth and Thirty-Seventh Wards of the City of Philadelphia.
And that will be on next week's Final Passage Calendar. The Chair recognizes Councilman Green.
Thank you, Council President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilwoman Parker.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Domb. Stated Meeting Invocation February 11, 2016
An ordinance amending Title 19 of The Philadelphia Code, entitled "Finance, Taxes and Collections," by amending Section 19-1303, entitled "Discounts and Additions to Tax," by revising the discount percentage for real estate taxes.
That bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Gym.
Good morning, Council President. I have no bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Stated Meeting Invocation February 11, 2016 Taubenberger.
Thank you, Council President and good morning, colleagues. I have no bills nor resolutions today.
Thank you, Councilman. The Chair recognizes Councilman Squilla.
Thank you, Mr. President. I offer one non-privileged resolution.
A non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-First Ward of the City of Stated Meeting Invocation February 11, 2016 Philadelphia.
And that will be on next week's Final Passage Calendar. The Chair recognizes Councilwoman Bass.
An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by creating a new Chapter to hold business owners responsible for nuisance behavior occurring on the business premises and within the immediate vicinity of the business, to provide for enforcement and penalties, and to provide for business owner meetings with Registered Community Organizations with respect to certain appeals.
That Stated Meeting Invocation February 11, 2016 bill will be referred to the appropriate committee. The Chair recognizes Councilman Oh.
Thank you very much, Council President. I offer two privileged resolutions. At a later date I'd like to be heard on one of the resolutions prior to the vote. Thank you very much.
A privileged resolution recognizing and honoring Daniel Quinn, former Captain, U.S. Army, for exemplifying the highest degrees of morality and justice in the face of human rights violations while serving in Afghanistan.
And that will be on this week's Final Passage Calendar.
And a privileged resolution authorizing Council's Stated Meeting Invocation February 11, 2016 and the Creative/Innovative Economy to hold public hearings concerning the City's technology communications infrastructure, and the policy, practice, and process for blocking emails and websites by the Office of Innovation and Technology.
This week's Final Passage Calendar. And that concludes our introduction of bills and resolutions. We will now have reports from committee, and the Chair recognizes Councilman Henon for a report from the Committee of the Whole.
Thank you, Mr. President. The Committee of the Whole reports four resolutions with a favorable recommendation.
Thank you. Mr. Decker, please read that report.
To the President Stated Meeting Invocation February 11, 2016 Council of the City of Philadelphia, the Committee of the Whole, to which was referred Resolution No. 160035, entitled "A resolution approving the reappointment of Beverly Coleman to the Board of the Southeastern Pennsylvania Transportation Authority"; and Resolution No. 160036, entitled "A resolution approving the appointment of Clarena Tolson to the Board of the Southeastern Pennsylvania Transportation Authority"; and Resolution No. 160037, entitled "A resolution confirming the appointment Sozi Pedro Tulante, Esquire, as the City Solicitor"; and Resolution No. 160038, entitled "A resolution approving the appointment of Folasade Olanipekun-Lewis to the Philadelphia Water, Sewer and Storm Water Rate Board," respectfully reports it has considered the same and returns the attached resolutions to Council with a Stated Meeting Invocation February 11, 2016 2ND READING favorable recommendation.
Thank you, Mr. Decker. These resolutions will be placed on our Final Reading Passage Calendar at our next session of Council. We will now move to our consideration of the Calendar. There being no bills on the First Reading Calendar, the Chair recognizes Councilman Henon for the purpose of calling up resolutions and bills on the Second Reading and Final Passage Calendar.
Thank you, Mr. President. The following resolutions are being called up from the Second Reading and Final Passage Calendars today: Resolution Nos. 160099, 160106, and 160108. All other resolutions are being held.
Thank you very much, Councilman. Before considering these resolutions on the Final Passage Stated Meeting Invocation February 11, 2016 Calendar, we will have our public comment session. It will go as follows: If you are interested in testifying on a resolution or a bill on the Final Passage Calendar at today's session, if you have not already done so, we'd ask that you sign up at the table to my left. When your name is called, you will go to the podium in the middle of the Council Chambers. There's a device. When the light turns green on that device, it will be your time to speak. When the light turns yellow, you will have 30 seconds to conclude your remarks. When the light turns red, we'd ask that you please adhere to the guidelines and conclude your remarks. You will be given three minutes to testify. Thank you very much. Mr. Decker, call the name of the first witness.
Rachel Labush, commenting on 160106. Stated Meeting Invocation February 11, 2016 (Witness approached podium.)
Good morning, President and members of City Council. I am an attorney with Community Legal Services. I am here to speak in support of Resolution No. 160106, which calls on the U.S. Department of Housing and Urban Development, among others, to reform their sales of distressed mortgage notes to better protect homeowners from foreclosure. As many members know, Community Legal Services assists thousands of Philadelphia's poorest residents with their legal problems each year, including defending against mortgage foreclosures. Our Homeownership and Consumer Rights Unit saves homes and protects neighborhoods from blight. The Mortgage Foreclosure Diversion Program, which City Council has been very supportive of, has played a large role in helping to save these homes. Many of our low-income clients Stated Meeting Invocation February 11, 2016 have loans that are insured by HUD through the Federal Housing Administration, or FHA. These loans come with special protections. The servicers of these mortgages, big companies like Bank of America, Wells Fargo, and CitiMortgage, are required to review the homeowners to see if they are eligible for certain loan modifications before filing foreclosure. Time and again we have seen them rush to foreclosure without properly reviewing our clients. We also see them drag out the review for years without reaching a decision on homeowners who were eligible for modifications all along. If a homeowner falls behind on her FHA mortgage, a mortgage company may assign her loan to HUD and cash in on the FHA insurance. HUD will then strip the mortgage of its FHA insurance and protections and sell the mortgage off to private investors as part of their Distressed Asset Sales Program, or DASP. Stated Meeting Invocation February 11, 2016 The mortgage company is supposed to certify that the homeowner does not qualify for any modification, but we have seen many cases where they were never properly reviewed. Homeowners receive no warning or notification that their mortgage is about to be sold and their FHA insurance removed. Over 5,700 formerly FHA loans in Pennsylvania have been sold through these auctions already, and we estimate that several hundred of these are in Philadelphia. In fact, this has happened to at least nine of my own clients. These mortgages may be advertised to investors as so-called distressed debt, but what's really at stake here is our clients' homes and Philadelphia's neighborhoods. Our clients with DASP loans are not a lost cause. They have the ability to make payments, if only their mortgage company will work with them. Unfortunately, we have seen the new investors deny people loan modifications Stated Meeting Invocation February 11, 2016 without explanation, require huge down payments to even be considered for a modification, demand 12 months of trial payments before any modification can be made, and refuse to reduce or defer any part of the debt even though they are buying the loans at a steep discount from HUD. Now Fannie Mae and Freddie Mac, the two huge government-supported enterprises, are expanding sales of their loans to private investors, and we are bracing ourselves for more of these experiences. To address this problem, HUD, Fannie Mae, and Freddie Mac should require mortgage servicers to better review homeowners for the loan modifications that they are entitled to before the loans can be sold off to investors. Homeowners should also get notice before the sale and opportunity to dispute their eligibility for a modification. In addition, as the resolution provides, non-profit Stated Meeting Invocation February 11, 2016 organizations with the mission of preserving homeownership are interested in buying these loans. Therefore, we support this resolution. Thank you.
Shila Lloyd, commenting on 160106. (Witness approached podium.)
Good morning. Good morning, President Council and all Councilmembers. I'm here as the Families of Philadelphia. We had a resolution earlier back in October the 6th. So we appreciate y'all having this bill again. Our concerns are that we traveled to Harrisburg Tuesday and we found out information that's really disturbing. We have these two law firms, KML, Phelan Hallinan Diamond and Jones, and when all homeowners receive notices Stated Meeting Invocation February 11, 2016 from this, they're stating that they are not lawyers, that they are debt collectors. Well, we found out in the State of Harrisburg that these two law firms are not registered to practice or act as debt collectors, that they are committing something that is really illegal. So we are bringing this to your attention, the misconduct that has been taking place by these two law firms. Thank you.
Johnny Young, commenting on 160106. (Witness approached podium.)
I too am a member of the Families of Philadelphia. We had Stated Meeting Invocation February 11, 2016 some interesting things said October 6th, but I think something is a little bit more important that needed to be said about this whole process of foreclosures. The Uniform Commercial Code is the law that governs all contracts, and a mortgage is under a contract. You sit at a settlement table and you sign what you call a promissory note. A promissory note falls under the Uniform Commercial Code. It is not supposed to be adjudicated in a common court called mortgages or for mortgages. So back to the Uniform Commercial Code. Once that security instrument is signed, along with the assignment of mortgage, that assignment of mortgage and note must travel the length of 15 years or 30 years. And our government back in 2009 uncovered a mass scheme that most of the notes were all sold. So let me give you a basic analogy I think even a two-year-old might Stated Meeting Invocation February 11, 2016 understand. If I was to write Curtis Jones a check right now off of my bank account, I hand it to him. He is allowed to go to Wells Fargo, which is my bank, and cash it. The moment he cashes that check/promissory note, I, the landholder who issued that note, is entitled for the copy of that note to be returned back to its endorser. That is the homeowner/landholder. This whole thing has been distorted. He who endorses a note or a check is a grantor. He or she can never be a borrower in a scheme called mortgage. So under the mortgage clause, they have us as borrowers. We are not borrowers when you are endorsing a note under the Uniform Commercial Code, not under Johnny's law, not under what I'm saying, and not what these people are saying. By law, that security instrument must be returned. And when these homeowners/landowners are coming into court, there are a lot of judges that may Stated Meeting Invocation February 11, 2016 not be aware of what's going on. But in Carpenter versus Logan -- and I'll be real quick -- the United States Supreme Court states that the note and the mortgage are inseparable. We need to start educating our courts that this is not a mortgage once it's been sold. It is a security instrument that must be returned. Thank you.
Thank you very much for your testimony. (Applause.)
Lazara Gisone, commenting on 160106. (Witness approached podium.)
Good morning, Councilmembers. Just to give you a little brief explanation I guess as to Stated Meeting Invocation February 11, 2016 what Johnny was saying, I'm going to read, because I'm kind of nervous here. So no entity can be a creditor if they do not hold or own the asset in question; for example, a note or the property. A mortgage passed through trust called REMIC, as defined in Title 26, Subtitle (a), Chapter 1, Subtitle (m), Part 2, Subtitle 850 through 862, cannot hold assets, for if they do, their tax-exempt status is violated and the trust itself is void as an issue, which means it's void from the beginning. This is an indication that either the trust has either voided its intended tax-free status or the asset is not in fact owed by it. Thank you very much. (Applause.)
Chief O, commenting on 160106. Stated Meeting Invocation February 11, 2016 (Witness approached podium.)
Good morning. CHIEF O: First and foremost, I'd like to address the assembly of people, because I'm here on behalf of the people. Secondly, I'd like to address the entire City Council. What we need to understand here, that this is a global issue. This is not no just the City of Philadelphia. It's not just the State of Pennsylvania, but it's a global issue of mortgage -- what they call mortgage fraud, which reality is security fraud. When you look up Title 15, the U.S. Code, Section 1 and 2, it's Section 15(b), it's all right there. I'm not going to drag or waste anybody's time sitting here preaching to the choir, so to speak, because I know on the political level and as well as an economical level. Being though I did mortgage for years, I know there's no such thing as a mortgage, Stated Meeting Invocation February 11, 2016 and people is going to have to slowly but surely wake up to that reality. There is no mortgage. What it is is a security. When you go to a closing -- and I'm sure everybody here been to a closing. I want to know, what check did you receive? Anybody receive a check when they went to closing in this room right now? No. So what's this loan stuff everybody is talking about? It doesn't exist. End of the case.
Thank you very much for your testimony. (Applause.)
Franny Robinson, commenting on 160106. (Witness approached podium.)
Correction. That is Faruq Robinson. Good morning. I am Faruq Robinson, natural man, widower, father of six heirs under natural law, heir and Stated Meeting Invocation February 11, 2016 indigenous to this land. I am a federal crime victim and witness to the egregious acts of the elected officials, alleged illegal foreclosures. 42 USC 1982, all citizens of U.S. shall have the same right in every state and territory to inherent, purchase, lease, sell, hold and convey real and personal property. This is a civil order from Pope Francis July 4th, 2014. It was issued to all members of domestic police forces, U.S. Marshal Service, the Provost Marshal, members of the American Bar Association, and American Armed Forces: All those estates and estates erroneously believed to represent the American States and the American State Citizens and which were conveyed by fraud and illegal deceit to the United States of America (minor) and more recently to the City-State of the United Nations are re-venued without exception to the geographically defined American States Stated Meeting Invocation February 11, 2016 and American State Citizens where they shall remain in perpetuity as assets belonging to the rightful and lawful beneficiaries. All legal fiction entities however structured named after the American States and American State Citizens are returned to them and their control, free and clear of any debt, promise, encumbrance or obligation alleged against them as a result of false claims made in their behalf by officers of the United States of America, Incorporation and the United States, Incorporation or by any foreign officials operating the United States of America (minor), or the United Nations City State falsely claiming to represent them or have jurisdiction over them. We note that the current circumstance is in part the result of criminal acts engaged in 150 years ago, which resulted in the commercial enslavement of African Americans who were Stated Meeting Invocation February 11, 2016 summarily claimed as chattels backing U.S. government debt in the wake of the Civil War. Any person, state, entity, corporation or ideology that fails to recognize the work, dignity, and rights of a man, that state is obsolete. (Applause.)
Joe Danihel, commenting on 160108. (Witness approached podium.)
You must love my company like you say in the beginning of the meeting because you keep on welcoming me back by not doing anything about this. I at this time am without my home at 1038 West Wyoming due to the egregious actions and inactions of this legislative body. I quote George Mason, delegate to the Constitutional Convention in Philadelphia: "Can anybody be above the law?" Truer words were never spoke Stated Meeting Invocation February 11, 2016 by a founding father in the sacred Cradle of Liberty. He and the other founding fathers were concerned about potential abuse in the future, so they passed laws. Recently, you have passed a resolution to declare Philadelphia as a sanctuary city, telling those who were oppressed they are safe from predatory government here. I and others require sanctuary from you, a very oppressive government, for what government would steal from its own people? Philadelphia cannot be a sanctuary state for new people when we steal from our own people in this egregious way. How can you feel not -- how can you not feel marginalized when all you have worked for has been stripped from you and given to another? This is another clear violation of 42 USC 1982, which was previously read, and the U.S. Constitution, among other laws unnamed. Philadelphia should hang its head. In the last 22 years of my life, Stated Meeting Invocation February 11, 2016 I've been through hell. I wake up every day living a life of uncertainty, finances in turmoil, having to make tough choices. This Council is required by law to make me whole and pay this bill. You, agents and agencies, are bound by oath of office to support, obey, and defend the Constitution and the laws. Like in Flint, Michigan, the government stalls and these people suffer. Council passes paperwork regarding national issues for which they have no jurisdiction, like the Downton Abbey bill, while ignoring these issues. As in the word of Eleanor Roosevelt on December 7th, 1941 -- and I'm going to paraphrase -- we are one of the free and unconquerable people of the United States of America even though our enemies are not foreign but domestic. You have taken an oath of office to support, obey, defend the Constitution and the laws. Can a fireman stare at a fire and fail to act? Though Stated Meeting Invocation February 11, 2016 you do. It is your fiduciary duty to act. The law requires you to act. Now let's get to work.
There are no other speakers on the public comment list, Mr. President.
Thank you very much. We will now consider the resolutions on the -- Councilman Oh, did you want to -
I've seen the gentleman who just spoke here numerous times, and my office has met with him. I believe other Council staff as well. I don't want to kind of fuel flames to the fire, but I think at this point in time, Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING it's important to let the public know that we have met with this gentleman. I certainly have. He has a lawsuit pending, and as far as my office is concerned, that issue is in court where it will be handled. But I think it is improper for the public to believe that we are somehow ignoring this gentleman. If he would like further service from my office or anyone else, I'm sure we'll be happy to meet him again. Thank you very much.
Sir, no. We don't go back and forth. No, sir. Thank you. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. Mr. Decker, I'd ask that you please read the title of 160106 -- you Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING know what, I'm sorry. Let me do 160099, because we do have a withdraw.
Resolution No. 160099, entitled "A resolution supporting the passage of the Pennsylvania General Assembly's House Bill No. 262 to help combat human trafficking throughout Pennsylvania.
The Chair recognizes Councilwoman Reynolds Brown.
Thank you, Mr. President. I move that Resolution No. 160099 be withdrawn and would like to be recognized to speak briefly on this matter. (Duly seconded.)
Thank you. It's been moved and properly seconded that Resolution 160099 be withdrawn. All those in favor? (Aye.)
Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING Those opposed? (No response.)
The ayes have it, and 160099 is withdrawn. Mr. Decker, now read 160106. Councilwoman, did you want to speak on that?
I think it might be important just to put these remarks on the record. It is no secret that my staff and I have been relentless advocates for the victims of human trafficking, whom most often are women and young girls. Therefore, when legislation comes to my attention that might combat human trafficking across our Commonwealth, our ears naturally perk up. Last week I introduced Resolution 160099 which supports Pennsylvania's House Bill 262. On its Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING face, House Bill 262 aims to fight human trafficking. However, after subsequent homework and speaking with an unlimited number of advocacy groups from across the City and the Commonwealth, my staff and I have determined that House Bill 262 has more unintended negative consequences than positive attributes that may ultimately better serve these victims. Therefore, after considerable consideration, I am withdrawing this resolution today. And I thank you, Mr. President.
Thank you, Councilwoman. It shall be noted. Councilman Jones, did you want -
A resolution Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING calling on the Federal Housing Finance Agency, Freddie Mac, Fannie Mae, and the U.S. Department of Housing and Urban Development to reform their programs for the sale of distressed mortgage notes in order to better protect homeowners from foreclosure and facilitate community redevelopment.
I thank you very much. I'd like to have the bill be moved for -- I move for adoption. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and Resolution 160106 is adopted. Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING Mr. Decker, 160108.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Twenty-Fifth and Thirty-First Wards of the City of Philadelphia.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
Those opposed? Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING (No response.)
The ayes have it, and Resolution 160108 is adopted. Mr. Decker, do you have any additional resolutions?
A resolution recognizing Career and Technical Education Students and Programs in Philadelphia in Recognition of Career and Technical Education Month in Pennsylvania, introduced by Councilman Henon.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING Those opposed? (No response.)
The ayes have it, and that resolution is adopted.
And a resolution recognizing and congratulating Philadelphia native Marvin Harrison upon being elected to the Pro Football Hall of Fame, introduced by Councilman Jones.
I move for the adoption of the resolution. Go long. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and that is adopted. Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING
And a resolution honoring and celebrating Philadelphia's African American dentists and physicians for their preservation of life, limb, health, healing and happiness as 2016 Philadelphia Living Legends, all as part of the commemoration of Black History Month, introduced by Councilman Jones.
Thank you, Mr. President. I move for its adoption. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and that resolution is adopted.
And a resolution Stated Meeting Invocation February 11, 2016 2/11/16 - STATED - 2ND READING authorizing joint hearings by the Committees on Public Safety and Housing, Neighborhood Development and the Homeless to conduct hearings to evaluate strategies to mitigate improper mortgage foreclosures in Philadelphia, introduced by Councilman Jones.