COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 20, 2011 10:05 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,
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will take their seats, and visitors will retire to the seats outside the rails. We are indeed honored this morning to welcome Archbishop Charles Chaput to give our invocation. He is here today as the guest of Councilman Green. At this time, I would ask all members and guests to please rise. (Members and guests rise.) ARCHBISHOP CHAPUT: Thank you very much for the honor of being with you and to support you in your service to our great city. So I have a few comments and then a prayer. Teddy Roosevelt was a man who had a reputation for being frank and direct. In 1900, a year before he House, he wrote these words: "No community is healthy where it is ever necessary to distinguish one politician from his fellows because," quote, 'he is honest,' quote. "Moreover, it is not enough that a public official should be honest. No amount of honesty will avail if he is also not brave and wise. The weakling and the coward cannot be saved by honesty alone," end of quote. Leadership requires two virtues that seem very simple until they become very inconvenient - honesty and courage. All of you have earned the right to be here today by winning the trust of the people of Philadelphia, but along with that honor comes a duty of humility, integrity and public service. So let's settle our hearts for just a moment in prayer. God of Justice and Mercy, thank you for the gift of life and the opportunity to serve the people of our city. Help us to act with character and listen with understanding and goodwill. Help us to speak with charity and restraint. Give us a spirit of service. Remind us that we are stewards of your authority. Guide us to be the leaders your people need. Help us to see the humanity and dignity of those who disagree with us and to treat all persons, no matter how weak or poor, with the reverence your creation deserves. Finally, Father, renew us with the strength of your presence and the joy of helping to build a community worthy of a human person. We ask this as your sons and daughters, confident in your goodness and love. Amen. (Amen.) ARCHBISHOP CHAPUT: Thank you so much for this opportunity to be here with you.
The Archbishop Chaput for his wonderful invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, October 13th, 2011. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 13th, 2011 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 13th, 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 leaves of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence 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.
Thank you. The Chair will dispense with the regular order of business to visitors joining us in Chambers this morning. On behalf of all of the 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 recognizes Councilwoman Tasco, who will present a resolution honoring the Business Center for Entrepreneurship and Social Enterprise on its 10th Annual Enterprising Woman Business Plan Competition. Would Pamela Rich-Wheeler and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. It gives us great pleasure this morning to present this resolution honoring the Business Center for Entrepreneurship and Social 10th Annual Enterprising Woman Business Plan Competition. Whereas, in 1999, the Business Center for Entrepreneurship and Social Enterprise, known as The Business Center, was established as a non-profit business incubator to serve the businesses and neighborhoods of Northwest Philadelphia and beyond, and through its work, it has helped to energize neighborhood revitalization and economic development in the Greater Philadelphia region; and Whereas, shortly after its creation, The Business Center started its annual Enterprising Woman Business Plan Competition, known as the Competition, where female entrepreneurs with businesses less than three years old and with less than $250,000 in annual earnings compete for several prizes based on the viability of a strong business plan that includes sound financial data and demonstrates excellent management and goals; and
Whereas, through the Competition, approximately 66 female entrepreneurs have received monetary awards to assist them in growing their businesses, and as a result, The Business Center has aided these businesses to become successful business ventures; and Whereas, for the 10th Annual Competition, The Business Center has developed collaborative partnerships with Mount Airy Revitalization Corporation, Philadelphia Development Partnership, Tabas Funding, The Empowerment Group, The Enterprise Center, Temple University League of Entrepreneurial Women, Temple Small Business Development Center, The Reinvestment Fund, U.S. Small Business Administration, Women's Business Development Center, Women's Opportunity Resource Center and Women's Yellow Pages; and Whereas, the 10th Annual by Citizens Bank, Elizabeth B. and Arthur Roswell Foundation, PNC Bank, Philadelphia University, Wachovia/Wells Fargo and Sovereign Bank. Therefore, be it
Therefore, be it, resolved by the Council of the City of Philadelphia, that we hereby honor The Business Center for Entrepreneurship and Social Enterprise on its 10th Annual Enterprising Woman Business Plan Competition. Further resolved, that an engrossed copy of this resolution be presented to representatives of The Business Center for Entrepreneurship and Social Enterprise as evidence of the sincere sentiments of this legislative body. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 6th of 2011. It is signed by President Verna and sponsored by all members of City Council. We congratulate you and thank you for the work you do in the community. (Applause.)
Good morning. I would like to thank Councilwoman Donna Reed Miller, Councilwoman Marian Tasco and Chief of Staff Derek Green for bestowing this honor to The Business Center in honor of the Enterprising Woman Business Plan Competition. According to the Center for Women's Business Research and Babson College, women of color starting business are starting business at a rate of three to five times faster than all other businesses. We are happy this afternoon we'll have with us the winners for this year, which are first-place winner Michelle Tollen of Au Naturale, and third-place winner Polished Professionals, which the owner is Ayana Pilgrim-Brown. Additionally, we have with us this morning our very first winner from 2001, who is now a seven-year-old business located in the Frankford area serving police officers, firefighters and vets with her senior living facility. Let's give her a hand. (Applause.)
Her name is Diane Richardson of The Richardson Group. She's an active member of her society as well the community that she lives in, which is Mount Airy. She's also an officer with the Frankford Business Association and just recently she became a Board member of The Business Center for Entrepreneurship, and we really like that. So I encourage you also to recognize another past winner who is with us today, Bea Joyner, and we would also us later this afternoon from 12:00 to 1:30 where you'll get to personally meet the winners for this year. And we also encourage you to support the program going forward, because it is a fact that women will be in positions of power and authority in all capacities of life. We thank you again for this opportunity, and we honor you with peace and blessings going forward. (Applause.)
The Chair now recognizes Councilwoman Brown, who will present a resolution recognizing Temple University's Temple 20/20 Scholarship Program. Would Ken Lawrence and those accompanying him please join the Councilwoman at the podium. I see that Councilwoman Brown is being accompanied by Councilman
Thank you, Madam President. I'm joined by an alum of Temple University and colleague Brian O'Neill and by Councilwoman Jannie Blackwell, who, of course, chairs our Education Committee, and we're always thrilled to salute institutions that are creating the next pipeline of leadership. Today we recognize Temple University's Temple 20/20 Scholarship Program. Whereas, Temple College was founded in 1884 by Dr. Russell Conwell and became Temple University in 1907; and Whereas, Temple University has evolved into a comprehensive urban research and academic institution with over 39,000 students at nine campuses and with 320 academic degree programs; and Whereas, in 2009, one-quarter of Temple students were from Philadelphia and one out of every eight college-educated individuals in the at least one degree from Temple University; and
Whereas, Temple University works closely with the School District of Philadelphia, the City of Philadelphia and many partners to prepare, recruit, enroll and graduate students in Philadelphia through efforts ranging from middle school early intervention to full scholarships; and Whereas, through the Office of Community Relations, Temple University strives to be a beacon for community engagement through supporting volunteerism, hosting community organizations and providing direct service to University neighbors; and Whereas, in 2011, Temple University created the 20/20 Scholarship Program which aims to increase the number of Philadelphians with college degrees beginning with the incoming fall 2011 freshman class; and
Whereas, 20/20 Scholarship Program has created 250 four-year scholarships worth $5 million to be awarded over ten years to students in the North Philadelphia neighborhoods surrounding its main campus in Councilman Darrell Clarke's district; and Whereas -- that's not in the resolution, but I happen to know that. Whereas, Philadelphians have benefited tremendously from the efforts of Temple University to support educational opportunities for City residents; now, therefore, be it Resolved, by the Council of the City of Philadelphia, that we hereby recognize Temple University's Temple 20/20 Scholarship Program.
Further resolved, that an engrossed copy of this resolution be presented to the representatives and leadership and our very own Ken Lawrence of Temple University as evidence of the sincere body. Introduced by Blondell Reynolds Brown and, of course, supported by all members of the Philadelphia City Council. (Applause.)
I want to thank Councilwoman Brown for sponsoring this resolution and all of City Council for supporting it. I'm joined here this morning by Bill Black, who is our Senior Vice Provost for Enrollment Management, and Beverly Coleman, our Assistant Vice-President for Community Relations and Economic Development. Both of them were instrumental in getting these scholarships instituted. Russell Conwell founded Temple University back in 1884, as you heard, and it was a night school. He had seven be tutored by him at the Baptist Temple. And our founder, Russell Conwell, would often talk about the acres of diamonds in our backyard, and we considered these Temple 20/20 scholarships a continuation of that tradition. Even as Temple grows as an international university, we want our neighbors to know that there's the opportunity for them too to benefit from a Temple education. So thank you very much for this acknowledgment of the program, and go Temple Owls. (Applause.)
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 the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on October 19, 2011, I signed all of the bills that were passed by Council at its session on October 6, 2011; and I am transmitting herewith for introduction and consideration of your honorable body a resolution reappointing a current member to the Board of Directors of the Philadelphia Energy Authority; namely, Ken Ogawa, term ending January 1, 2017; and I am transmitting a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Haddington Urban Renewal Area, Unit Nos. 2 and 3, designated as Parcel No. 24 and also sometimes identified by house number and street address as 5526 through 48 243 through 249 North Vodges Street; and Also an ordinance authorizing Neighbors of Overbrook Association, located at 933 North 65th Street, to construct, own and maintain an encroachment of a sign on the traffic island located on Lebanon Avenue at the intersection of Wynnewood Road; and An ordinance authorizing and approving the execution and delivery of one or more supplements to an existing service agreement (or a new service agreement on substantially the same terms) between the City and the Redevelopment Authority relating to a comprehensive neighborhood transformation program; the issuance by the Redevelopment Authority of bonds or other evidence of indebtedness to refund bonds previously issued to finance such neighborhood transformation program; and the obligation of the City to pay certain amounts payable under such service agreement; 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, and the Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I offer one resolution co-sponsored by Councilwoman Blackwell.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution honoring Philadelphia's homeless veteran's and declaring November as Homeless Veterans Month.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one bill and one resolution, and I wish to be recognized after the title of the resolution setting forth recommendations to the Zoning Code Commission is read for a motion on the resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing and approving the execution and delivery of one or more supplements to an existing service agreement (or a new service agreement on substantially the same terms) between the City and the Redevelopment Authority relating to a comprehensive neighborhood transformation program.
The bill will be referred to the appropriate committee.
And a resolution setting forth recommendations to the Zoning Code Commission for amendments to the Zoning Code Commission's Preliminary Report dated May 2011.
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 seconded that the rules of Council be suspended to permit consideration of this resolution at today's session of Council. All in favor will indicate by saying 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.
Thank you. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. No bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Green.
Thank you. The Chair recognizes Councilman Jones.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing Neighbors of Overbrook Association, located at 933 North 65th Street, to construct, own and maintain an encroachment of a sign on the traffic island located on Lebanon Avenue at the intersection of Wynnewood Road.
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-Fourth Ward of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Haddington Urban Renewal Area, Unit Nos. 2 and 3, designated as Parcel No. 24.
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.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions this morning.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer five bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance establishing a parking regulation on Durfor Street, south side, 11th Street to 12th Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Jessup Street, west side, Mifflin Street to McKean Street.
The bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Camac Street, west side, Shunk Street to Oregon Avenue.
This bill will be referred to the appropriate committee.
And an ordinance establishing a parking regulation on Bainbridge Street, both sides, 11th Street to 12th Street.
This bill will also be referred to the appropriate committee.
And an ordinance establishing a parking regulation on 13th Street, east side, Reed Street to Wharton Street.
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-First Ward of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution opposing the "National Right-to-Carry Reciprocity Act," as introduced in the United States Congress.
The Chair recognizes Councilman Clarke. Don't you want the suspension of the rules on this so we could vote on it today?
Oh, absolutely, Madam President. I wasn't aware I could do that. Absolutely. Madam President, I ask for a suspension of the rules to allow us to vote on this today. (Duly seconded.)
The ayes have it and the motion carries. The Chief Clerk will read the title of the second resolution.
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 Forty-Seventh Ward of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution to amend the Institutional Development District Master Plan of Temple University, located on the block bounded by 11th Street, Berks Street, 12th Street, and Norris Street, by allowing for the construction of a new building addition for use as the Science Education and Research Building.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Brewerytown Urban Renewal Area, designated as Parcel No. 26.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
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 Sixteenth, Twenty-Ninth and Thirty-Seventh Wards of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.
And a resolution confirming the reappointment of Ken Ogawa as a member of the Board of the Philadelphia Energy Authority, to serve in the term ending January 1, 2017.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilwoman Tasco for a report from the Committee on Finance.
Madam President, the Committee on Finance reports six bills with a favorable recommendation.
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 Finance, to which was referred Bill No. 110130, entitled "An ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled 'Real Estate Taxes,' to provide tax for owners of condominiums and cooperatives and planned community units who do not receive regular City refuse, recycling and bulk item collection services"; and Bill No. 110518, entitled "An ordinance authorizing the Procurement Commissioner, on behalf of the City of Philadelphia, to enter into a lease and related agreements with the Philadelphia Municipal Authority, for use by the City of certain cogeneration facilities to be located at the Northeast Water Pollution Control Plant at 3899 Richmond Street"; and Bill No. 110560, entitled "An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled 'City Funds Deposits, Investments, Disbursements,' by revising the list of City depositories because of non-compliance with certain provisions of that Chapter"; and Bill No. 110612, entitled "An ordinance amending Bill No. 110136 (approved June 24, 2011), entitled 'An ordinance to adopt a Fiscal 2012 Capital Budget,' by adding and revising certain projects, amounts and sources"; and Bill No. 110613, entitled "An ordinance amending Bill No. 110135 (approved June 24, 2011), entitled 'An ordinance to adopt a Capital Program for the six Fiscal Years 2012 through 2017 inclusive,' by adding and revising certain projects, amounts and sources"; and Bill No. 110660, entitled "An ordinance constituting the Eleventh Supplemental Ordinance to the Amended and Restated General Airport Revenue Refunding Bond Ordinance; authorizing the Mayor, the City Controller and the City Solicitor, or a majority of them, to issue and sell one or more series of tax-exempt or taxable Airport Revenue Refunding Bonds of the City of Philadelphia," respectfully reports it has considered the same and returns the with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading of these bills just reported from committee, with the exception of Bill No. 110130. (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, with the exception of Bill No. 110130. 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. Bill No. 110130 will be placed on our First Reading Calendar for our next session of Council. The Chair now recognizes Councilman Greenlee for a report from the Committee on Law and Government.
Thank you, Madam President. The Committee on Law and Government reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Law and Government, to which was referred Bill No. 110631, entitled "An ordinance amending Title 21 of The Philadelphia Code, entitled 'Miscellaneous,' by regulating the public availability of reports, including, but not limited to, providing for the confidentiality of certain information contained in such reports, and providing fees for the issuance of such reports, 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 Councilman Greenlee.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 110631. (Duly seconded.)
It seconded that the rules of Council be suspended so as to permit first reading this day of the bill just reported from committee. 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 Chair now recognizes Councilman DiCicco for a report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports 38 bills out with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Streets and Services, to which was referred Bill No. 110291, entitled "An ordinance revising parking restrictions on Walnut Street, north side, between 33rd Street and Cobbs Creek Parkway"; and Bill No. 110293, entitled "An ordinance revising parking restrictions on Chestnut Street, south side, between 31st Street and Cobbs Creek Parkway"; and Bill No. 110499, entitled "An ordinance authorizing Chinta Shah, owner and operator of the newsstand located on the southeast corner of 18th Street and JFK Boulevard, to construct, use and maintain conduits in, under and across the southeast corner of 18th Street and JFK Boulevard"; and Bill No. 110550, entitled "An ordinance amending Section 2 of an ordinance (Bill No. 090120) approved April 15, 2009, entitled 'An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 107 130 by striking from the City Plan and vacating the legally open portions of 47th Street from Fairmount Avenue to Brown Street,' by extending the period for compliance with the terms and conditions stated therein"; and Bill No. 110555, entitled "An ordinance amending Section 2 of an ordinance (Bill No. 090442) approved June 26, 2009, entitled 'An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 157 by placing on the City Plan Fourth Street from Westmoreland Street to Ontario Street,' by extending the period for compliance with the terms and conditions stated therein"; and Bill No. 110566, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by striking from the City Plan and vacating a portion of Pennsylvania Avenue, between Nineteenth Street and Twentieth Street"; and 110608, entitled "An ordinance authorizing Milk & Honey Limited Liability Company to construct, own and maintain an open-air sidewalk cafe at 4435 Baltimore Avenue"; and Bill No. 110609, entitled "An ordinance authorizing 4511 M&T Inc. to construct, own and maintain an open-air sidewalk cafe at 4511 through 13 Baltimore Avenue"; and Bill No. 110611, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 292 and 321 by striking from the City Plan Delaware Avenue from Pennypack Street to its terminus approximately five-thousand five-hundred feet southwestwardly therefrom"; and Bill No. 110614, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 18-S by striking from the City Plan and vacating the legally open portions of Shedwick Street from Reed Street"; and Bill No. 110615, entitled "An ordinance authorizing Bourse Mall Associates and Bourse Tower Associates, owners of the Bourse Building at 111 South Independence Mall East, to legalize various encroachments within the City right-of-way"; and Bill No. 110616, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 118 by striking from the City Plan and vacating Clifton Street from Montgomery Avenue to Berks Street"; and Bill No. 110634, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled 'Use Of An Automated Red Light Enforcement System to Prevent Red Light Violations,' by authorizing the installation of red light enforcement systems at the intersection of Worthington Road at Byberry Road"; and Bill No. 110635, entitled "An ordinance amending Chapter 12-3000 of The Code, entitled 'Use Of An Automated Red Light Enforcement System to Prevent Red Light Violations,' by authorizing the installation of red light enforcement systems at the intersection of Woodhaven Road at Knights Road"; and Bill No. 110648, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos.
305 and 306 by placing on the City Plan Delaware Avenue from Lewis Street to Buckius Street"; and Bill No. 110649, entitled "An ordinance establishing a no truck parking regulation on Bath Street, between Hedley Street and Orthodox Street, both sides"; and Bill No. 110651, entitled "An ordinance establishing a parking regulation on Montrose Street, north side, 15th Street to 16th Street"; and Bill No. 110652, entitled "An ordinance establishing a parking regulation on Carpenter Street, both sides, 20th Street to 21st Street"; and Bill No. 110653, entitled "An ordinance establishing a parking regulation on 18th Street, both sides, Carpenter Street to Christian Street"; and Bill No. 110654, entitled "An ordinance establishing a parking regulation on Catharine Street, both sides, 18th Street to 19th Street"; and Bill No. 110655, entitled "An ordinance establishing a parking regulation on Catharine Street, both sides, 21st Street to 22nd Street"; and Bill No. 110656, entitled "An ordinance establishing a parking regulation on Fitzwater Street, both sides, 23rd Street to 22nd Street"; and Bill No. 110657, entitled "An ordinance establishing a parking regulation on Grays Ferry Avenue, east side, Carpenter Street to Christian Street"; and Bill No. 110658, entitled "An regulation on Bainbridge Street, south side, 15th Street to Broad Street"; and Bill No. 110659, entitled "An ordinance authorizing Newbold's Brew, trading as Brew, to construct, own and maintain an open-air sidewalk cafe at 1900 South 15th Street, under certain terms and conditions"; and Bill No. 110665, entitled "An ordinance authorizing Campanaro Consulting, doing business as Village Belle Restaurant & Bar, to legalize various existing sidewalk encroachments located on the footway in front of 757 South Front Street"; and Bill No. 110666, entitled "An ordinance authorizing Campanaro Consulting doing business as Village Belle Restaurant & Bar, to construct, own and maintain an open-air sidewalk cafe at 757 South Front Street"; and Bill No. 110667, entitled "An ordinance authorizing Gabriel Bravo to construct, own and maintain an open-air sidewalk cafe at 1201 South 9th Street"; and Bill No. 110668, entitled "An ordinance authorizing Watkins Drinkery, Inc. to construct, own and maintain an open-air sidewalk cafe at 1712 South 10th Street"; and Bill No. 110671, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating Bodine Street from Spring Garden Street to Green Street"; and Bill No. 110673, entitled "An ordinance establishing a parking regulation on Poplar Street, north side, 2nd Street to New Market Street"; and Bill No. 110674, entitled "An ordinance establishing a parking regulation on Emily Street, south side, 11th Street to 12th Street"; and Bill No. 110675, entitled "An regulation on Catharine Street, both sides, Broad Street to 13th Street"; and Bill No. 110676, entitled "An ordinance establishing a parking regulation on Annin Street, south side, 11th Street to 12th Street"; and Bill No. 110677, entitled "An ordinance establishing a parking regulation on 12th Street, both sides, Porter Street to Shunk Street"; and Bill No. 110678, entitled "An ordinance establishing a parking regulation on Dickinson Street, both sides, Juniper Street to Clarion Street"; and Bill No. 110679, entitled "An ordinance establishing a parking regulation on Iseminger Street, east side, Oregon Avenue to Shunk Street"; and Bill No. 110680, entitled "An ordinance establishing a parking regulation on George Street, both sides, 3rd Street to Orianna Street," considered the same and returns the attached bills to Council with a favorable recommendation.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of all of the bills that have just been read into the record, with the exception of Bill No. 110671. (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, with the exception of Bill No. 110671. All in favor will say aye. (Aye.)
Those opposed? 10/20/11 - STATED - 1ST READING (No response.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 110671 will be placed on the First Reading Calendar for our next session of Council. 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 the Second Reading and Final Passage Calendar for the next session of Council. As there are no additional bills for the First Reading Calendar, the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills and resolutions on the Second Reading and Final Passage Calendar for consideration today.
Thank you, Madam President. The following 2ND READING resolutions and bills are being called up from the Second Reading and Final Passage Calendars today: Nos. 110722, 110723, 110724, 110726, 110727, 100200-AAAA and 110689. All other bills and resolutions are being -- I'm sorry. Bill 110689 is being amended. 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 bills on the Second Reading and Final Passage Calendars for possible action at today's Council session. All speakers must sign up in order to testify. If you have not already signed up for today's session, please do so by giving your name to the Sergeant-At-Arms at the table to my left. 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. We have a number of people who have signed up, and in order to give everyone an opportunity to voice their concerns, I would ask that you please abide by the three-minute rule. At this time, I would ask the Chief Clerk to please read the name of our first speaker.
Good morning. Before I begin, I would like to acknowledge everyone here from both Occupy Philly and beyond the Philadelphia community who opposes 110633. If you guys can stand up just to show. (Witnesses stand.) (Applause.)
Thank you. My name is Khadijah White. I live in District 9, and my Councilmember is Darrell L. Clarke. D. candidate at the Annenberg School for Communication. I've been proud to serve my citizens, whether it was as a White House intern for President Obama or a journalist at PBS. I'm also the oldest of four children. I love my siblings. Thus, I was justifiably concerned and anguished when I discovered that the City Council was seen set on passing a law that would make it illegal for me to take my 13-year-old brother out to a movie on a Saturday night on a warm summer evening. That my mom and my brother could be in prison for up to three months and fined $300 for activities like this seem to be such an outrageous violation of my civil liberties, that I found myself rereading the bill in conjunction with the 2007 enforcement ordinance and Mayor Nutter's recent curfew decree several times over just to make sure that this was in fact true. I now find myself anxious of the thought of my 18-year-old sister visiting me, worried that if she mistakenly leaves her ID at home, she might be thrown into the back of a police van and detained as a criminal. Outside of this bill's clear attack on my own ability to live as a full citizen in the city I love, this bill is morally and ethically irresponsible on a number of other points. First, the curfew is a law in which a parent or child could be in prison for three months because a teenager might have stayed out too late. My mother was a single parent. Looking back, I can't imagine her being in jail for up to three months because I lost track of time when hanging out with my friends. Can you honestly say it would be appropriate to put four kids in foster care because one child was out too late a few times? Is that really justice in any sense of the word? I believe that this law is intentionally deceptive. It seeks political points, with no substantive objectives. Research studies on curfews have shown that there is no evidence that curfews prevent crime and victimization. I also believe that the youth curfew would likely only be implemented and enforced among poor communities of color. Policies like stop and frisk have already been shown to target African Americans, with them making up 75 percent of the people detained in this law, with only 8 percent resulting in arrest. I have no doubt that the curfew law will lead to the similar detainment and incarceration of poor kids of color and their parents. I've already heard numerous accounts of minors being illegally stopped, detained and fined on their way home from work and church groups. Yes, they can fight an unfair ticket, but this puts an undue burden on parents and minors who presumably have to miss school or work to pursue such a matter. How is this in the best interest of children doing the right thing? Lastly, I believe that all Philadelphia citizens should be able to move freely throughout the City. In limiting the movement of youth, we are also restricting them to the poor and less safe areas of the City. We vehemently oppose this back-door approach to enforcing a widespread segregation and caging of Philadelphia's youth, and we believe it echoes the black codes and slave codes of America's history. In my opinion, instead of punishing poor youth of color who have had every obstacle set before them and instead of funneling them into prisons at alarming rates, the City and federal government should take the money being spent on prisons and spend it on education, health care and services for youth. And not just the money being spent on prisons, but also the money being spent on policing these kids. This is in fact, to most of us here, an essential election issue, and we will respond accordingly. With me I have 140 signatures of concerned Philadelphia citizens who object to this curfew law.
The Chief Clerk will please call the next witness.
Earl Lively, commenting on Bill 100200-AAAA. (Witness approached podium.)
Good morning, Madam President. Good morning, City Council. First, I would like to say I would thank the Councilmen and women that was listening to me last week versus the BlackBerry that takes up a lot of your time, I see. But I want to acknowledge you and Councilman Jones, who really was really attentive, so obviously somewhere along the line that this bill does mean something, not just to me but it means a whole lot, a whole lot to the future of those that will have satellite or antennas. But what I want to say to Councilman Clarke as well as Councilman DiCicco and Councilman Green -- am I on the right side this time? What I would like to say to you is that what I did personally. I'm not going to talk about no Harvard degree. I'm not going to talk about any of those things. I want to talk about that I am one person but many voices, and I'm not schizophrenic. But what I want to say to you seriously is, we are in support of what Councilman Clarke's project is. We are in support of Councilman DiCicco's project. We are in support of Councilman Green. Whether this bill today is amended and gets passed, I just want to let you know. As a citizen and as a voter that lives in North Philly, that, Councilman Clarke, you are our Councilman, what I did is, I did a research out of 100 people that had satellites. Thirty-five was in support. Back up. The question was that I asked them, Do you as a homeowner support restrictions on the amendment bill, and I read it off to them. Thirty-five was in support, 25 not sure, 10 percent didn't care because they said City Council was going to do whatever they had to do anyway, but that other 30 percent was like me, that I was against this bill, of amending it. So as a person I have to realize, I have to go with the voters. Yeah. I'm a citizen, and I stand here and I speak for a whole lot of people. I've been one up here on this podium from day one instead of letting the bill that is going to affect. But the people spoke, and that's from Spring Garden -listen to the diversity of the group of people -- Ridge Avenue, Olney, Erie, Temple. Didn't get over there in your areas, Councilman Green, Councilman DiCicco, but I know in the area of the 5th District they were in support. So what I'm going to say is the community and the people speak that they're in support of your bill. So whatever you guys do in the future, then we'll have to pay the consequences, because there's many things that I believe -- I heard that three minutes -that still is going to affect. And what I want to say is as someone stepped to me earlier today before I came in, they said did I know what this bill was all about. Did I know? Did I know what I was talking about? You're doggone right I knew what I was talking about, because first of all, we know that it's no longer a shift on the homeowners. This is going to be future of the provider such as someone who sells something to somebody or a commodity. That's what this bill is going to affect, because what they're going to do is, they're going to change fees. The fees on the maintenance for you to take these things off the houses, they're going to start charging us, which I'm not saying that we shouldn't be charged. I'm not going to waste any more of your time. The community has spoke. They're in support of it. There's nothing I can do. Thank you.
P.J. Ghose, commenting on 110633. (Witness approached podium.)
I'm a professor of social work at the University of Pennsylvania in social policy, and I got to say I'm surprised at the results that were just presented, because I've done the research on this too in the community. A lot of us have done research on this, and there's at least about an 80 to 90 percent vote going against this bill if you actually do a representative sample, when you actually sample the kind of people who are going to be affected by this bill, the single mothers who are at work when their children are being picked up because they don't have the capacity to impose the curfew at home, the children who are going to be affected by this bill because they're out there working, sister Olivia, who was picked up last week, because she was coming home. She's autistic. She's coming home from McDonald's working and she was picked up because of this bill. As a social worker, as a professor of social work, as someone who is working constantly with the youth of this country and of this particular city, this bill doesn't make sense, folks. Let me lay it down for you. We know for a fact that curfew laws have been imposed in various communities to achieve some of the same purposes you're trying to in Philadelphia. We know -- we have results. I invite you back to Penn and to some of our forums. I can bring it here if you would like me to. We have the facts and figures on that. It did not work in Detroit. It did not work in Compton. It did not work in Boston. It did not work in New York City. So why are we not going with evidence-based policy? We have some of the premier scholars and implementers and child/youth advocates as well as child/youth developers in the City. Why were we not consulted when putting together this kind of a law? It doesn't make sense, because if it did, if this curfew law did work, we would be imposing it on the marauding drunk people coming out of a Phillies loss or an Eagles loss, you know, and there's a number of those on both counts. We would be imposing it on the kind of crazy drunk property raising kind of parties that are going on at the University of Pennsylvania every single weekend. We know for a fact that that destroys property and businesses way more than the kind of flash mobs that have been held out to be indicted by this bill. We know we can do that, and we do not do that. So why indeed are we going with this kind of a bill? I ask you, I implore you, do not create a law that creates a class of people and puts them under house arrest. Do not create a law that is imposed on particular communities of color, because this bill does not apply to the kids and the teens living in Chestnut Hill. It does not apply to kids living in suburbia. It applies to West Philadelphia. It applies to protecting the kind of 1 percent businesses and the 1 percent population that go to those businesses in Center City and South Philly. This bill creates a class of people. And this bill, we know -- and I will give you the facts if you come to me. This bill does accelerate the kind of incredible incarceration rates that are being imposed on our youth of color, especially in the City, a city that has a high proportion of colleges and universities, the highest per capita in the world, and as well, on the other hand, a city that has the highest rates of incarceration amongst the youth in the world today. So I ask you, I implore you, I invite you all to come back with me to the School of Social Policy at the University of Pennsylvania. Let's sit down with the incredible community advocates and activists and the youth who are present here in Occupy Philly today, with the kind of scholars that are present here today, with the kind of Councilmembers that are present here today. Let's actually have a partnership on this. Let's not go together into insanity.
Let's go together and show the world that we are sane. So I implore you. This is not a plea just to you and me. This is a plea for sanity. Let's revisit this and let's make sure that we do not impose this kind of racist, sexist policy on our cities anymore. Thank you. )
Good morning. My name is Savannah Shange. I came here to speak out against the passage of Bill 110633. I base my opposition on three levels of experience. First of all, I grew up in Philadelphia. I live on Mifflin Street in District 1, and I am a graduate of the Creative and Performing Arts High School. I attended public high school and middle school here in Philadelphia. Secondly, I'm a Fontaine Scholar of Education at the University of Pennsylvania, studying youth policy and its impact on learning and development. And, third, and perhaps most important, I have seven years of teaching urban high school students myself. First, as a person who grew up in Philadelphia as a budding young artist, I was a playwright and actor at CAPA. I spent most of my evenings going back and forth from friends' houses for impromptu rehearsals and play writing sessions. We attended films and plays late in the night as a pursuit of our own artistic interest when our parents were busy working or simply uninterested in the same things we were. I would not have had the ability to develop my potential as an artist and be admitted to the most prestigious acting school in this country, to School of the Arts at NYU, without the independent autonomist ability to develop myself to my full potential. If I had been afraid of arrest or police harassment, I would not have been able to develop myself to that extent. Secondly, as a scholar of education, I am distressed that this city like others across the country, as stated by Professor Ghose, has continued to look to restrictive curfew laws in the absence of any evidence that they work. The only empirical study of the effectiveness of youth curfew laws was by Michael Males and Dan Macallair in 1998. They found conclusively there is no link between youth curfews and reduction in crime rates, regardless of their popularity among polls. Since curfews are in effect, a restriction on the freedom of assembly as granted by the U.S. Constitution, which applies to all citizens and residents regardless of age, should only be used with completely and overwhelmingly compelling evidence rather than anecdote. Finally, as a teacher, I also want to testify to the detrimental impact of early police contact on young people. Imagine a young person who is going about their business and they're impacted by an interaction with a police officer that is negative. Since Philadelphia does have the highest incarceration rate, these young people are more likely to have a parent, a friend or a relative in prison, and these interactions with police continue to make young people think that, Oh, I'm supposed to be a criminal because this is how my city interacts with me. In addition to that, it also builds an animosity between the institutions that are supposed to support, protect and develop young people as opposed to continuing to disenfranchise them. We could not afford to further alienate low-income youth of color given that the fate of our city depends on their engaged and positive citizenship. Given these considerations, I respectfully urge the members of Council to vote against the Bill 110633 and further to repeal all other restrictions on youth movement in the City of Philadelphia. Thank you. (Applause.)
That's my name, but my name is Che Gossett and I'm speaking as a member of Active Philadelphia and as a supporter of Occupy Philly as well. Most of what I have to say has already been said by Professor Ghose, by Khadijah White and by others who are standing in opposition to this bill, 110633. I'd like to emphasize that the curfew -- the first time the curfew was instituted in the United States was during slavery as a means of social control for free and enslaved black people, and that's the legacy that the curfew carries with it. In addition, something that hasn't been said but is a kind of hard reality about curfews is that it disproportionately will also impact, along with black youth, youth of color in general, homeless youth, many of whom who are lesbian, gay, bisexual, queer and transgender. And so I think that we should think hard about our political priorities and there's -- the Occupy Movement is big about asking a rhetorical question: Who are you protecting? Who is this curfew protecting? It's protecting the centers for business in Center City and also in University City. It's protecting white privilege. It's protecting people who are wealthy. And it's really pushing a lot of the weight of policing, of disciplining and regulating people's bodies against black people, people of color, youth of color, those who are already targeted by the prison industrial complex, by mass incarceration and by mass deportation. So I really implore us to think about other ways to solve social problems than through moral panic and policing. Thank you. (Applause.)
Wali "Diop" Rahman, commenting on 110633. (Witness approached podium.)
Yes. City Council and citizens of Philadelphia, my name is Wali "Diop" Rahman. I'm actually running for Mayor of Philadelphia as the only independent candidate on the ballot, and as soon as I was made aware of this curfew policy, which we all know happened in the month of August, I was appalled by it, and particularly in terms of the way it was presented to the public as a so-called solution to violence and crime as being perpetrated by the youth of Philadelphia. And in later statements made by Mayor Nutter, he racialized the issue of youth violence and crime by speaking to a church in West Philly and associating the so-called violence and crime with black youth and slandering not only them but their parents, referring to their fathers as ATM machines and sperm donors. And, of course, the curfew in its initial stage was designed to protect the wealth and property of particular areas of the City that we know that the same youth that were criminalized by Nutter's statements do not reside in. So I think this is important to recognize as you consider the amended curfew policy that's on the table right now. In addition to that, I think that you should consider that if the City were really interested in stopping violence and crime, then they would, first and foremost, address the violence and the violent policies coming straight from its own Administration, not only in the Mayor's Office but City Council as well. I'm talking about the violence of the budget cuts of our schools, the violence of poverty imposed on our community through a lack of economic development, lack of jobs and businesses that should be made available to our community, of violence of a public policy of police containment, which spends over $1 billion every year on police, prisons and courts, but meanwhile, they claim they can't find the money to keep the schools open and provide jobs and businesses for our community. (Applause.)
So these are really important questions that you need to address if you are really concerned about stopping violence and crime in the City of Philadelphia. I believe that African youth in this city are being made scapegoats through this policy and essentially being blamed for economic and social and political crisis that actually has been caused by this city's Administration and the ruling elite that have a clear relationship with the government of this city. So as you consider this so-called solution to youth violence and crime, I think that your first step should not be to create a curfew, which is clearly a designer law, not unlike Jim Crow in the South or apartheid in South Africa. But you should start with the question of economic development, transferring all the resources that you're using on these wastes of money, like stop and frisk -- and I consider the curfew to be but another form of stop and frisk, which is a 24-hour curfew if you happen to be black and Latino in the City of Philadelphia. (Applause.)
The money that is going towards policies like stop and frisk and this policy of the curfew need to be transferred towards real, meaningful programs for economic development to provide a meaningful future for the youth who are being so viciously criminalized by the City of Philadelphia. So that's all I have to say. Thank you. (Applause.)
Nicholas Shanken, commenting on 110633. (Witness approached podium.)
Thank you for permitting me to speak with you today. My name is Nicholas Shanken. I was the founder of the campaign Trash the Curfew. It was a non-profit collective group. We conducted an after-hours trash pickup for the youth. I'd like to speak on behalf of those like myself who feel that the curfew is unjust. We feel this way for the following reasons: The proposed curfew violates the basic right to secure one's own persons and to travel freely and peacefully on taxpayer-funded streets that we pay for. Statistics show that the majority of the arrests have been tinged by racial profiling and take place primarily in areas where minorities dominate the local population of residents. It is a fact that only four of the 11 flash mobs have actually occurred after the hours included in the curfew, and this raises the question of whether or not the curfew will do anything to prevent flash mobs in the first place. Since many people who took part in the flash mobs were over the age of 18, it's a realistic concern of many Philadelphians that this law is the first step toward restricting everyone's right to leave their homes at night. During one of our operations for Trash the Curfew, we interviewed a police officer who claimed that if the Mayor were to extend the age to 30, that -- the restrictions I mean for the age of 30 -- he would indeed enforce that as well. The curfew penalizes an entire group of people for the transgressions of a few. Whatever happened to the idea that everyone is innocent until proven guilty, a basic principle of proper justice? The curfew promotes fear of police and authority from a very young and impressionable age. Do we really want to raise children in a city where they are taught to fear and find ways to disobey those sworn to protect and serve? Couldn't this distaste for authority serve to promote criminality rather than prevent it? Many of us feel that the curfew will only lead to the escalation of violence as children become more and more distraught by being kept in their homes like prisoners, and they will become more likely to act out against the law and many other laws similar to the curfew. The curfew's enforcement necessarily entails what amounts to what is nothing short of a police state. Policing for children from 10:00 p.m. to 6:00 a.m. is both costly and detrimental to the community, police who otherwise would have spent their time stopping actual crimes instead of chauffeuring children to police stations with none of the costs of the taxpayers that -- I mean none of the cost to the taxpayers that provide police officers' salaries being spared. Restricting individual freedom is never the way to solve crime. It is merely an unconstitutional form of control and a temporary solution to the issue of crime in the City. All it does essentially is sweep potential criminals, juvenile or otherwise, under the rug. And it will do little to reduce the potential for criminal acts. Instead, it will encourage criminals to find newer and more innovative ways to engage in illegal activities in out-of-sight places where police will be unable to prevent them. We urge you not to pass this unjust bill. Instead, we encourage you to work together with the community to fight the problem of the City's crime directly rather than merely treating one of its many symptoms.
Commenting on 110722 and 110728. (Witness approached podium.)
Good morning. My name is Doris Thomas. I'm very much interested in the Bill 110722 in regards to economic development as well as community development. I think it's imperative that City Council strongly consider taking some of the public properties and the City-owned properties and vacant lots and turning it into a land trust as well as a land bank for revitalization in the community. I'm sure you are aware about Occupy Wall Street, how they're taking funds and utilizing it for their own personal gain. I think it's an opportunity for City Hall as well as Harrisburg, Philadelphia and Harrisburg, everybody is claiming that they're bankrupt. Maybe we need to contact some of these JPMorgan Chase, Washington Mutual, all these other companies and banks that received a lot of money in bailout funds to assist those who need to have their communities revitalized. I've lived in the Frankford section area. There are plenty of industrial warehouses and factories that are sitting vacant that need to be remediated because of the chemical waste that has been sitting in some of those properties, and there's a great opportunity for economic development as well as promoting housing for low-income as well as middle-income families. So I strongly consider taking some of these properties and putting the people back to work, in addition to contacting some of these various banks and mortgage companies and making sure that they are reinvesting in our communities. So that's all I have to say. Thank you. (Applause.)
Adan Stevens, commenting on 110633. (Witness approached podium.)
Hi. My name is Adan Stevens-Diaz. I'm a Temple doctoral student, also a community activist. I know Mr. Curtis Jones over there. First of all, I want to, of course, speak to 110633 and my opposition. I wanted to share some stories of how this law is actually being implemented. I've seen a flash mob happen before. In fact, I was on South Street on Saint Patrick's Day. And one didn't really pop off, but you definitely saw a lot of young black and brown youth out there. At the same time, we're seeing a lot of white middle-class people completely drunk, completely disorderly all over the street, and the police did nothing to stop these white patrons, but any time there was four or five black youth just standing on a corner minding their own business, they were told, Move, get out of the way, leave. So that's the first example I wanted to pull out. The second example was soon after the curfew was passed, at the time I was living in Chinatown in Center City. I went to the Wawa on 11th and Arch. I saw some white teenagers, couldn't have been more than 15 or 16 years old, at 1 o'clock at night. I saw police officers in the same Wawa, no stopping for questioning, nothing. They were completely allowed to go about their own business. So I'm just trying to give you some concrete examples of how this is being used. We already spoke to a woman at Occupy Philly. Her name was Anna. She was saying that her friend's daughter, Olivia, was working at a McDonald's. I believe that that example was used before. She had anticipated she would be stopped after work at 9 o'clock, had her papers. The police did not care, detained her anyway. She was charged $75. Now, I ask you, do you think she'd be working until 9 o'clock if she had $75 to spend, let alone the next time she's pulled up and asked to pay 300? Do you think that her -- she can't pay it and her parents can't pay it. Then what? They go to jail? They lose their jobs? How does this make the situation at all better? Now, just to bring up a couple other points here. The question is, is this making Philadelphia safer? Is further repression against communities of color making the City any safer? We've had many decades of crime problems, we've had many decades of police presence, and the situations don't get any better. So it's time to stop using the same broken solutions that are proven not to work. I also want to mention -(Applause.)
Thank you. I also want to mention who it does keep safer. It keeps safer again these neighborhoods where these youth are not welcome. That's what it is all really about. These are white-only designated areas where the shop owners, the patrons don't want to welcome youth of color. So you're really talking about keeping rich people safer, white people safer, middle-class people safer rather than the poor youth. Finally, I don't appreciate, of course, obviously how the media tries to portray this. They try to take out of a flash mob of thousands, of thousands, a dozen kids, maybe two dozen kids who act out and then portray the thousands of people as part of a massive terrorist attack. That's what's going on here. I will back up. They are rebelling against, again, not being allowed in these communities. And the last thing -- I just want to finish my last sentence. (Ms. Bowling speaking without microphone.)
Okay. The last thing I wanted to say then is that it appalled me to see that Mayor Nutter would get into a house of God, at the pulpit and preach such hate and hatred against his own community. Where are those tough words when -(Applause.)
-- dealing with the police officers of Philadelphia who have been caught on camera beating innocent bystanders? Where are his tough words then? We don't pay kids to be good kids. We don't pay parents to be good parents. We pay police officers. Maybe he should think before throwing stones. (Applause.)
Robert Taylor, commenting on 110633. (Witness approached podium.)
Members of Council, ladies and gentlemen. I'm Robert Taylor, a citizen of South Philadelphia. I'm commenting on Bill 110633, the curfew bill. I oppose this bill. The ACLU opposes this bill. The Constitution opposes this bill. What some may call grouping or ponding, others call free association. This measure will not address crime, but rather it will harass the young and their parents. This bill is authoritarian and oppressive. The Constitution -- quote, "The Constitution is not an instrument for the government to restrain the people. It's an instrument for the people to restrain the government, less they come to dominate" -(Applause.)
-- "their lives and their interest." Patrick Henry. According to the Metro, quote, "There have been 10,205 curfew stops since Nutter issued this Executive Order in August, of which 209 were given citations," end quote. This whole operation has an only 2 percent chance of doing anything at all, and, of course, even the 2 percent may be innocent until they are proven guilty. Thus, there is a 98 percent chance that innocent people will be harassed, the youth and their parents. Quote, "The safety of the people cannot be judged but by the safety of every individual." Maxim of Common Law. Quote, "I believe there are more instances of government abridgement of the freedoms of the people, by gradual and silent encroachments of those that are empowered, than those by violent and sudden usurpations." James Madison. Let's keep the people free, enjoying the fruits of liberty. Please don't pass this bill, and let's end the fed and Goldman Sachs robbery of the people.
Yes, Madam President. Thank you. At this time, I'd ask to be excused from the rest of the session and be recorded as voting aye on all bills and resolutions, and I'd specifically like to thank and recognize Stacey Graham and Rosalie Leonard for an incredible job of staff work on the Zoning Code Commission resolution. Just incredible. Thank you.
Leave will be granted. Thank you. Our next witness.
Alyce Bowling, commenting on 110257. (Witness approached podium.)
This morning -- I am Alyce, A-L-Y-C-E, Bowling Ehrmann, ABE for short, central coordinator -- a central coordinator for EIPP, Earth Individuals Prime and People. I did want to comment on 110257 because Jannie Blackwell, in all her good works, I had one little question in your bill, and it is my ignorance in fact that may be at fault here, because I'm not present at every session nor have read all the literature. When you say -- I objected to more land being taken from the Zoo, but I am aware of the deplorable circumstance that has existed to the residents and people of that area for many, many years. When you say industrial, you surely mean within the parameters of clean environment. You don't mean black smokestacks as we have here in Philadelphia. Is that within the bill that you -
-- that you entertain? It says here in industrial, providing for industrial space. What kind of industrial space? That was my question on that bill. But having come in here and been influenced by the powers that be, I have to editorialize a little bit and censor and tame some of the things I would have said. When I woke this morning, as did many indigenous of us, I saw the red clouds coming from the south and the west, southwest. Jersey cannot condemn Pennsylvania for the pollution. The systematic devastation of our planet, with the approval of the EPA, is done in such a way that at night the red clouds and the black clouds move through the area, and then come dawn, they turn gray. Today they moved into Jersey over toward the northern portion of Jersey. Also, I would speak on the homogenization of this city, Philadelphia, city of love and light, capital of the planet earth at this point, our cradle of liberty. Yes, it is true the censorship of individuals to come and go is not good, but remember the legal age now is 18. I believe President Obama and Mayor Nutter and City Council have done their best under the circumstances, and it's good that you all speak now. I notice the criticism of Mayor Nutter for his defensive move trying to represent his people, admonishing them to behave in a better way. I admonish you lettered people -- I'm not lettered too much -- to stop and think -- I have said to you when you have your temper tantrums about your student loans -- be thankful that you had them. The homeless didn't. But they have common sense, they have roots. So I don't give a damn what goes beyond the Ph.D. No education, no brainwashing. The City of Philadelphia has the finest education system. It just needs a little redressing. Now, as far as sanity goes, I was ignorant of this University of Pennsylvania person, Kathy Chang, who died, who predicted in defense of human thinking, chaos. Did we read Penn's thoughts today before session? I wasn't here. He asked, he prayed, he thought that there would be those who would come after him -- and there have been -- who would protect this grand city. I heard people from New York come in and say --
Yes, and I'm going to just say a word to you. You're well beyond your three minutes.
And I am going to ask you -- we're willing to listen to you, but you're going to have to conclude -
When I was four, as I may have mentioned, I was sexually abused in broad daylight in an alley in Philadelphia by a mixture of teens and adults -- no. At that time, it was 21. So they were probably 19, 20, 18, 16. It was a 16-year-old that said, Put her down, leave her go. He had more sense. How dare you all debate whether you should have the right or a parent accompanying children should have a right? The Constitution of the United States is clear. You cannot prosecute a 13-year-old for an accident and call it murder, in any degree. He's a juvenile. When Mayor Nutter was reacting to the flash whatever, take the adult, 18 and over, and incarcerate them for harassment of their community, but remember, those 17 and under should only be tried, if at all, in the juvenile situation. Now back to the stability of Kathy Chang.
I was diagnosed at age of 20 with acute -- get this, it's so adorable -- acute undifferentiated schizophrenia. No psychosis noted. Now, that's interesting, isn't it, if schizophrenia is a form of psychosis, but none was noted, and it was very acute.
Ms. Bowling, you are well beyond your time. We appreciate your coming in, and I'm sure we're going to see you next week. Thank you. (Ms. Bowling speaking without microphone.)
Yes. Thank you, Madam President. I'd like to be excused to take care of Council business and would like to be recorded as voting aye on all bills and resolutions.
Thank you. Leave will be granted. Our next witness.
Apparently not. Is there anyone else here who has signed up to provide public comment on today's agenda? (No response.) 10/20/11 - STATED - 2ND READING
Seeing none, that concludes today's public comment period. We will now consider bills and resolutions on our Second Reading and Final Passage Calendar. I would ask the Chief Clerk to please read the title of Resolution 110689.
A resolution initiating action to establish a neighborhood improvement district in an area that generally includes the areas roughly bounded by York Street, Carlisle Street, Girard Avenue and 19th Street; York Street, the SEPTA Regional Rail tracks, Susquehanna Avenue and Watts Street; and The Diamond Green, Kardon Atlantic, University Village and Wanamaker School developments, to be known as the North Broad Neighborhood Improvement District.
The Chair recognizes Councilman Green. Did 10/20/11 - STATED - 2ND READING you want to be recognized?
Thank you, Madam President. I would also, for Council business in a pre-arranged meeting, like to be excused and recorded as voting yes on all bills and resolutions.
Thank you, Madam President. Madam President, I would like to offer an amendment to Resolution 110689. This is the plan for the neighborhood improvement district. I'd like to offer this amendment at this time. (Duly seconded.)
It has been moved and seconded that the amendment be accepted. 10/20/11 - STATED - 2ND READING All in favor will say aye. (Aye.)
The ayes have it and the motion carries. I would ask the Chief Clerk to please read the title of Resolution 110722. I'm sorry. Councilman Clarke, did you want to be recognized again?
Yes, Madam President. My understanding, Madam President, on this particular resolution, we can amend and move the resolution -
-- at the same session. So I would like a motion for the adoption of this resolution. (Duly seconded.)
All in favor will say aye. (Aye.) 10/20/11 - STATED - 2ND READING
The ayes have it and the motion carries. The Chief Clerk will please read the title of Resolution No. 110722.
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 Twenty-Fourth Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.) 10/20/11 - STATED - 2ND READING
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. The resolution is adopted. We will now consider Resolution 110723.
A resolution proclaiming October 2011 as "Crime Prevention Month."
The Chair recognizes Councilwoman Tasco for a motion on Resolution 110723.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. 10/20/11 - STATED - 2ND READING All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110724.
A resolution recognizing and supporting SEIU 32 BJ and their "Good Jobs, Strong Communities" Campaign.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by 10/20/11 - STATED - 2ND READING saying aye. (Aye.)
The ayes have it and the resolution is adopted. We will now consider Resolution 110726.
A resolution recognizing October as National Arts and Humanities Month.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.) 10/20/11 - STATED - 2ND READING
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110727.
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 Twenty-Eighth, Twenty-Ninth, Thirty-Seventh, Forty-Third and Forty-Seventh Wards of the City of Philadelphia.
I move for 10/20/11 - STATED - 2ND READING the adoption, Madam President. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. We will now consider Bill No. 100200-AAAA.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-231, entitled "Residential District Rules and Exceptions," by providing for restrictions on the placement, installation and maintenance of certain 10/20/11 - STATED - 2ND READING satellite dishes and antenna.
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.
Councilwoman Miller is voting aye. Councilman O'Neill is voting aye. Councilwoman Reynolds Brown.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. Does the Chief Clerk have any other bills or resolutions to be considered at this time?
Resolution No. 110741, entitled "A resolution setting forth recommendations to the Zoning Code Commission for amendments to the Zoning Code Commission's Preliminary Report dated May 2011," introduced by Councilwoman Tasco.
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. 10/20/11 - STATED - 2ND READING (Aye.)
Resolution No. 110745, entitled "A resolution opposing the 'National Right-to-Carry Reciprocity Act,' as introduced in the United States Congress," introduced by Councilman Clarke.
The Chair recognizes Councilman Clarke for a motion.
Thank you, Madam President. I move for the adoption of this 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 motion carries. Does the Chief Clerk have any other bill or resolution?
There are no other resolutions for consideration, Madam President.
Thank you. Then that will conclude our Calendar. Before we conclude our business for today, I would ask that you please join me in recognizing Rick Auerbach. As many of you know -- Rick, stand please so we could recognize you. (Standing ovation.)
As many of you know, Rick is retiring after 27 years of extraordinary service to the City and today is his final session in Rick, on behalf of all of the members of Council, past and present, we cannot say thank you enough for all of your diligence, your superior work and, above all, your wise counsel. I'm sure that each of us at some point in time have worked with Rick, and I'm sure that you have all experienced what I have experienced with him. I would often say to him on a given issue, Rick, what do you personally think about this? And he'd just give me one of these (indicating), and I truly, truly admired him, because he would never tell you what he personally thought, but he always told you what you should know about the legal points on that issue. Rick, I know I personally will miss you enormously, as I know that all of the members of Council will do so. I don't know what your future plans are, but whatever they are, may you always have good health and much success in your you. (Applause.)
Are there any speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Brown.
Madam President, I will be brief, because I know we all have demanding schedules, but I would be remiss not to acknowledge the passing of a former member of this legislative body, Republican Councilwoman-at-large Virginia Wright Knauer. She was the first Republican-at-large Councilmember. I was struck by her story, because she too is a fellow Girls High girl. Elected in 1960, she served two terms. And I was also struck by the on being referred to as "Councilman." It is important to note, Madam President, that the first member to be called "Councilwoman" is here today, and we know that would be you, where you insisted that the City Charter be changed to include the title "Councilwoman." Ms. Knauer went on to serve as Consumer Affairs Chief under Presidents both Richard Nixon, Gerald Ford and Ronald Reagan, and judging by her resume, it would appear to me that we would have certainly ended up on opposite sides of many public policy debates. But here is one thing I was struck by: Fifty years ago, Mrs. Knauer angered the Washington establishment within months of her appointment as Director of Consumer Affairs when she exposed what was actually in a hot dog and called for a lower fat percentage in all American products. So I would think and hope she would have voted for the 50 years later. After debate on Tuesday, Madam President, I acknowledged that it's still a man's world. I was on the stage with many prospective and current members of Council, and it's still clear that to the extent that we have women in public office, issues that impact women, children, family and our health don't get acted upon. But we need to thank Councilwoman Knauer, who indeed was a trailblazer and a pioneer. The needle still has a lot farther to move when it comes to gender equity in politics. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Jones.
Thank you, Madam President. Okay. It's been a long day, so I will be brief. I want to thank this body for listening to the citizens today from Occupy Philly. They are very diverse voices -(Applause.)
They are very diverse voices on many issues. Many of those issues this body has been champions of in the past. Whether we talk about Wilson Goode and the living wage fight or whether we talk about Jannie Blackwell and housing for poor people, whether we talk about employment and economic development opportunities, many of these issues, many of these issues we have brought forth. So we are in agreement on many more things than we are apart. week, Congress defeated the Jobs Act. We hope it's down, but not out, and that when a poll was done by NBC/Wall Street and Wall Street Journal, it was interesting to note that 64 percent of the people wanted that jobs bill, that Jobs Act, passed and only 34 percent were against it. These are the voices that are inside this Chamber, these are the voices that are outside City Hall, and these are the voices that should be heard in Washington, DC. A lot of us -(Applause.)
I think it's safe to say without fear of successful contradiction, none of us are in this Chamber in that 1 percent and all of us in that 99 percent that need these kinds of goods and services and issues pushed forward. So we hear you, and thank you for exercising your constitutional right and letting us know what you think. you, Madam President.
Thank you. (Ms. Bowling speaking without microphone.)
Thank you, Madam President. (Ms. Bowling still speaking without microphone.)
Thank you, Madam President. Certainly we stated our position and how we feel in our newsletter that we passed out this morning, and also we passed out a newsletter -- I mean a flyer with regard to a meeting tonight combatting violence that we are co-chairing with Mothers in Charge. But we're very upset to read in the paper today about a first grader Liberian. You know we have the Mayor's Caribbean Immigrant Affairs that we co-founded and we have Echoes of Africa that we've had for about a dozen years. And we're upset that we still have not reached a point where first graders from West Africa, specifically Liberia, are not beat up and are not afraid to go to school. So it means as much as we've done, we have a long way to go. And albeit that all of us do what we can to combat violence, we certainly still aren't doing enough. But let me end on a positive note. In addition to the flyer regarding combatting violence tonight that we have with Mothers in Charge, we will have a free community night at the Penn Museum, Imagine Africa. So this will allow something positive to be said as we conclude our remarks as we realize and always acknowledge whether it be Occupy Philadelphia, whether it be the rights of Africans and Caribbeans and all people, we're all one people under God, that we all have a right to the tree of life and that we have to continue to try to work together to help make this city and this world what we want it to be. Thank you.
Thank you, Madam President. I don't often give speeches on the floor, and this is a very light note. Recently the deal was concluded for the Philadelphia 76ers that changed ownership, and while we appreciated Mr. Snider's involvement in the team for all these years and the championships that they brought us -- championship that us, it's been a tough sports -- it was fun. It's been a tough sports time in Philadelphia. Their announcement -- and co-ownership is the great Will Smith and Jada Smith from Philadelphia, and they're part of this whole package. But they announced that 9,000 of their seats, if they have the season this year, will be cut immediately in half. So you can sit in the Wells Fargo Center, watch professional basketball of Philadelphia, again if we have the season, for under $30. It will bring families back again. It will bring some energy and enthusiasm back to our Sixers. It will hopefully bring, with Will and Jada Smith, bring some star power to the first row at center court and put the Sixers back on the map again. The reason I say this is because not only is it good for the City's image, but all of those folks that work in that sports center, all of those folks that have lost the month of October the Phillies collapse, all of those folks that would lose as a result of our teams not going as far as they go, they're all people who are making money paying tuitions, buying that refrigerator, paying their car payments, and I feel sorry for them. And hopefully all of our teams can come back next year and really put some economic engine power back into South Philadelphia sports complex so that those folks can continue to make decent livings and we can all have fun and pay for parades. So thank you, Madam President.
Thank you. The Chair recognizes Councilman Jones. Your light is on.
Do we have anyone else that would like to be recognized? (No response.)
Seeing no one, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, October the 27th, 2011, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, October 27th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you very much. (Stated Meeting adjourned at 12:05 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 October 20, 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.)