COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 13, 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. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. This morning Councilwoman Blackwell will give our invocation. I would ask all members and guests to please rise. (Members and guests rise.)
Thank you, Madam President. Heavenly Father, we thank you for this day. We rise to say thank you. Thank you for the privilege of public service. Thank you for allowing us to be in our right minds and to have health. Thank you, Lord, for giving us the ability to serve. And, Heavenly father, we ask that you bless the families from whence We ask that you bless those who are outside in the rain demonstrating. We ask that you bless people who are homeless and hungry, people who are handicapped and incarcerated. And, Heavenly father, we promise that in all of these things, we will give you the praise. These blessings we ask in thy name. Amen. (Amen.)
The next order of business is the approval of the Journal of the meeting of Thursday, October 6th, 2011, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal Thursday, October the 6th, 2011 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 6th, 2011 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The next order of business is requests for leave 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 absences today.
Madam President, on behalf of the republicans, no requests for leave of absence.
Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilwoman Miller, who will present a resolution honoring Mr. Roberson -- I'm sorry; Ms. Roberson. Would Ms. Roberson and those accompanying her please join the Councilwoman at the
I understand Ms. Roberson is not here yet. Therefore, the Chair will now recognize Councilman Jones, who will present a resolution honoring the Philadelphia Anti-Drug/Anti-Violence Network. Would Mwanna Swans and Anthony White from the Summer Youth Program and those accompanying them please join the Councilman at the podium. I see the Councilman is being joined by Councilmembers Clarke, Sanchez and Brown. The Chair recognizes Councilman Jones. The group is coming up. Please come forward. Councilman Jones.
Thank you, Madam President. It has been for the past six months my pleasure to be group of young men that have -- and women that have decided to turn their lives around and give back to the community that bore them, give back to the community that sometimes they ran afoul of. This was particularly evident to me last week when we and many of you in this Chambers had to read about a 31-year-old mother whose death sentence was that she was in the way of two young people as they shot up and down a street and she was inadvertently hit by fire. It took her life, and we had a candlelight vigil last night. Councilwoman Blackwell joined me and 100 other residents to talk about that, and as we reflected on why this senseless crime happened, the only solace that I could think of was that tomorrow that we would be here honoring these young men today. P.A.A.N. I can't say enough about, Anti-Drug/Anti-Violence Network, former -I can say former -- gang members and preventing the cycle of revenge and retaliation among our young people, young adults, especially following this week's drastic occurrence. Furthermore, P.A.A.N. has taken the energy of these young men that sometimes are in need of guidance and has steered them and so many of them to give back to their communities. This summer, among other things, they in the 4th District cleaned dozens of alleyways that the City cannot, cleaned up projects such as the 19th Police District, refurbished the Fire Engine No. 41 and rehabbed parts of Baker and Shephard Recreation Centers. So, therefore, it is truly appropriate that we honor them today. Whereas, in 1993 to 2002, the Philadelphia Anti-Drug/Anti-Violence Network, known as P.A.A.N., operated with the City in concert with City departments which they responded to more than 100,000 calls and referrals to report violence and drug activity or requested preventions from community organizations; and
Whereas, P.A.A.N. also operated Crisis Intervention Teams from 1993 to 2003 that were on call at all hours to respond to crises citywide and intervene and quelled more than 10,000 violent crimes incidents; and
Whereas, P.A.A.N. serves as one of the School District of Philadelphia's primary resources for crisis intervention and conflict resolution for those schools prone to violence. Through monitoring and direct interventions with perpetrators and victims, P.A.A.N. assists schools to reduce and investigate incidents of violence and assures that these incidents do not occur in the community; and
Whereas, P.A.A.N., in conjunction with the Philadelphia Police and Fire Departments, sponsored multiple Turn in Weapons Initiatives that resulted in over 6,000 handguns and rifles being retrieved; and
Whereas, P.A.A.N. currently has several active contracts with the Philadelphia Departments of Human Services Division of Community-Based Prevention Services, including a community truancy prevention effort, PATCH, in which case managers intercede with youth truancy records; now therefore be it
Resolved, by the Council of the City of Philadelphia, that it hereby acknowledges and honors the Philadelphia Anti-Drug/Anti-Violence Network for their ongoing work and commitment to promote community safety through services that reduce drug abuse and violence as well as to help at-risk youth develop positive them to the mainstream of society. COUNCILMAN DiCICCO: Further resolved, that an engrossed copy be presented to P.A.A.N. as evidence of the sincere sentiments of this legislative body.
Further be it resolved that an engrossed copy be presented to P.A.A.N. as evidence of our sincere sentiment of this legislative body, of all members of Council. Thank you very much. (Applause.)
Thank you, Madam President and Council. First, I'd like to thank the youth for being involved to take the courage to say that they want to stop bad behavior and make changes in their life. One of the things we promote at P.A.A.N. -- as I look over to my left, I directors taking pictures. I grew up in Crisis Intervention Network. I'm the son of Benny Swans. My father did this for over 30-plus years, and calls himself retired now and is still doing the same thing. I have big shoes to fill, but I'll probably never fill them. But I take real pride of working with these young men and women that we've been working with and doing the things that I do on a daily basis. I left the banking world seven years ago to come back to community service. These young men behind me, a lot of them, they like my little brothers, and I get on them in various different things, whatever problems they have. They can call me any time. But what I can say is, we have a fatherhood program, and as you see, one of our young men brought his child with him today, his son. So that makes me feel good, because something that was instilled in me is By the way, Councilman Jones did not know, Madam President, we brought you a globe, and it's on the steps now, because they couldn't find where to park because of all the excitement outside today. A globe symbols communities, and being as you work with us and you stand for communities, what better way to get somebody a globe of the world, because that's what you instill in us. And we thank you for the opportunity and we hope to do it again and again, not just in the one district but citywide. So hopefully we can some way shake a tree, a branch, go to the White House and say we need some more money to do things like this, because I don't know what my executive directors and them did to make it happen, but I was happy to be a part of it. Thank you. (Applause.)
The Chair now recognizes Councilman Kenney, who will present a citation honoring the rugby teams from the United States and South Africa. Accompanying the teams is Larry Needle and members of the Sports Congress. Would all please join the Councilman at the podium. The Chair recognizes Councilman Kenney.
Councilman, just a moment. The noise level is much too high. Those having conversations, I suggest you do that in the corridor, please. Please proceed.
Madam President, I'm going to miss that saying when you're not here. This is an honor for us again sporting event to our region, and we have two terrific teams here, one from South Africa and one from the United States of America. The Jamaican team is also going to participate, but they're not here today. So this is recognizing and welcoming the American National Rugby League. The Council of the City of Philadelphia is pleased and proud to welcome three American national rugby premier teams as they compete in the World Cup Atlantic Qualifier. Whereas, the tournament between the United States, Jamaica and South African teams is taking place at Campbell's Field in Camden, New Jersey from October 15th to the 23rd. And you can just walk right across the beautiful Ben Franklin Bridge and get to that venue and watch some great athletes. Whereas, the winner of this tournament advances to the Rugby League Cup, which will be held in England in 2013; and Whereas, the tournament honors American service men and women on Military Appreciation Day October 23rd. Military personnel are invited onto the field to participate in several pre-match ceremonies. The United States team will be wearing commemorative camouflage jerseys during the game and members of the military will serve as honorary captains for the game. Therefore, by virtue of this citation, the Council of the City of Philadelphia does hereby encourage citizens of the region to attend the tournament and extends wishes for an exciting, well-played games, with good sportsmanship. We hope your time in our city is pleasant and that you return home safely and with fond memories of the City of Philadelphia. We welcome you and thank you for being here. (Applause.)
Madam President, as is our tradition, we always recognize our visitors with our own Liberty Bell, which we'd like to present right now. Please enjoy. Thank you very much.
The Chair recognizes David Niu from the American National Rugby Team for remarks.
Thank you very much. To the City of Philadelphia, City Council, to Larry Needle and the Philadelphia Sports Congress, thank you very much for your welcome to this great city. Philadelphia has been a great home for the sport of rugby since I've been over here having the opportunity to develop the sport in the early '90s, and Councilman Jim Kenney has been a great supporter of that. We've been very fortunate to play a number of international games here, but this is our biggest. It's the opportunity for the team, the USA team, to qualify for the World Cup of Rugby League for the first time ever. So we hope to be able to come in here in the next 12 days and put in a successful performance and carry on from where the Phillies left off and maybe the Eagles can pick up on Sunday, and carry on in the spirit and tradition of great sporting teams in this area and throughout the nation. So to Jim and the Council, on behalf of the American National Rugby League and the USA Tomahawks, just a small gesture of our appreciation, a team jersey and a team ball. Thanks very much. (Applause.)
And if I could, I'd also like to welcome our guests from South Africa, the South African Rhinos and their General Manager of their organization, Chris Botes, to say a few words. (Applause.)
The City of Philadelphia, thank you much for having us here. As an African team, we like traveling, and we've had the best response and everyone has been amazing in Philadelphia. We do hope to come back here. It's a great (undiscernible) to play against the American team here and also we looking forward to a tough tournament. The best team will win. We appreciate it. Thanks also to Councilman. We brought you a tie for the Rhinos and also an autograph ball and autograph jersey from the team.
Thank you. I'm going to have to report to the Ethics Board, I think.
At this time, the Chair recognizes Councilwoman Miller, who will present a resolution honoring Ms. Roberson. Would Ms. Roberson and those accompanying her please join the Councilwoman at the podium. I see that Councilwoman Miller is being accompanied by Councilwoman Tasco. The Chair recognizes Councilwoman Miller.
Good morning and thank you, Council President. I thought it was important to honor Zarifa Roberson, because she is dealing with a group that none of us really think about. So I'm glad to have her here this morning. Recognize, honor -- City Council resolution recognizing, honoring and celebrating Zarifa Roberson for her innovative and urban style creation of Magazine, which is geared for young people with disabilities. Whereas, Zarifa Roberson is a person with a disability and truly passion about the life-style in the disability community; Whereas, and I.D.E.A.L. Magazine has highlighted amazing people who have contributed work in the disability community; Whereas, the I.D.E.A.L. Magazine will continue to empower the disability community; Whereas, and I.D.E.A.L. Magazine has received the Media Award 2010 through the Maryland Division of Rehabilitation Services and the Outstanding Work in the Disability Community 2011 Award presented by the Mayor of Baltimore, Stephanie Rawlings Blake;
Whereas, and Zarifa Roberson has appeared on multiple media outlets in Philadelphia, PA; Baltimore, Maryland; and Washington, DC; and Whereas, Zarifa Roberson has kicked off the first social networking activities for professionals with disabilities in Washington, DC on July 21st, 2011; Whereas, and starting in the fall 2011, Zarifa Roberson will be doing magazine signing on college campuses; Whereas, and Zarifa Roberson has made many appearances speaking about people with disabilities at various events; Whereas, and I.D.E.A.L. Magazine will become the number one magazine for people with disabilities throughout the world.
Resolved, by the Council of the City of Philadelphia, that City Council hereby recognize, honor and celebrate Zarifa Roberson for her innovative and urban style creation of I.D.E.A.L Magazine, young people with disabilities. Further resolved, that an engrossed copy of this resolution be presented to Zarifa Roberson, CEO, Publisher and Founder of I.D.E.A.L. Magazine, as further evidencing the sincere admiration and gratitude 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 15th of September 2011. Signed by Anna C. Verna, President of City Council. Introduced by Donna Reed Miller and co-sponsored by all members of City Council. (Applause.)
I would like to Miller for giving me this opportunity. A little bit about myself. I drove all the way from Baltimore, Maryland this morning. I live in -- I'm from Philadelphia, but I live in Baltimore, Maryland now. I'm crazy, I know. I went to Fels High School here in Philadelphia, went on to get my Bachelor's degree from Millersville University and I got my Master's degree from Coppin State University in Baltimore, Maryland. So I really love the disability community. I got my Master's in rehabilitation counseling working with people with disabilities. And please come out and support all our events, and we're trying to make this the number one publication for people with disabilities. Thank you. (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 read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am transmitting for the consideration of your honorable body 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; and An ordinance authorizing New Kensington Community Development Corporation to construct, own and maintain various encroachments of light intersection of Girard Avenue and Columbia Avenue; and An ordinance authorizing Thomas Jefferson University to construct, own and maintain various encroachments of light bollards at 901 Walnut Street; and An ordinance amending Chapter 20-600 of The Philadelphia Code, entitled "Standards of Conduct and Ethics," to include Life Partners among the family members listed therein for purposes of application of various ethical rules, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will 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 offer one bill on my behalf and I also offer another bill on behalf of myself and Councilman Jones.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 6-600 of The Philadelphia Code, entitled "Asbestos Projects," by providing that no person or affiliated persons, as defined, may be both a licensed asbestos contractor and a certified asbestos project inspector.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-305 of The Philadelphia Code, entitled "Burglary, Theft and Robbery Alarm Systems," by revising the fee for alarm system registrations by eliminating the annual renewal requirement, and making related changes.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce one resolution.
Thank you. The Chief Clerk will please read the title of the 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 Twenty-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. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills and resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have one resolution.
The Chief Clerk will please read the title of the resolution.
A resolution proclaiming October 2011 as "Crime Prevention Month."
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I have two bills and resolutions. I want to thank all of my colleagues who joined me yesterday with the SEIU pledge. The pledge form is available in the Caucus Room, and I ask for your support of this resolution co-sponsored by Jones, Reynolds Brown, Wilson Goode, Greenlee, Green and myself. Thank you.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance establishing a one-way regulation on West Loudon Street, from North 5th Street to North 6th Street, westbound.
The bill will be referred to the appropriate committee.
And an ordinance establishing a no truck parking regulation on Kinsey Street, between Hedge Street and Paul Street, north side.
This bill will also be referred to the appropriate committee.
And a resolution recognizing and supporting SEIU 32 BJ and their "Good Jobs, Strong Communities" Campaign.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Green.
Thank you, Madam President. I offer one bill on behalf of the Administration and I offer one resolution, and I wish to be recognized after the title of the resolution for a motion on the resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 20-600 of The Philadelphia Code, entitled "Standards of Conduct and Ethics," to include Life Partners among the family members listed therein for purposes of application of various ethical rules, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution honoring and congratulating the Most Reverend Charles Joseph Chaput for his recent installation as Archbishop for the Archdiocese of Philadelphia.
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.)
All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion passes. This resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilman Jones.
Thank you, Madam President. No bills or resolutions today.
Thank you. The Chair recognizes Councilman Goode.
Excuse me. Councilman Jones, in caucus you had indicated you had a resolution.
You're not going to introduce it? Very well. Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Brown.
Good morning, Madam President. We have one resolution today.
A resolution recognizing October as National Arts and Humanities Month.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer four bills.
Thank you. The Chief Clerk will please read the title of the bills.
An ordinance amending Title 14 of The Philadelphia Code, related to "Zoning and Planning," by amending Chapter 14-400, entitled "Commercial Entertainment District," by amending certain provisions of Section 14-406 concerning structures permitted in setback, Section 14-408 concerning parking requirements and parking lots, and Section 14-409 concerning off-street loading.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 146 and 271 by relocating the northwesterly and southeasterly curblines of North Delaware Avenue, from Frankford Avenue to Marlborough Street.
The bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by the southeasterly side of North Delaware Avenue, the centerline of former Shackamaxon Street, the Pierhead Line of the Delaware River and a line approximately parallel to the centerline of former Shackamaxon Street being a property line located on the southeasterly side of North Delaware Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Thomas Jefferson University to construct, own and maintain various encroachments of light bollards at 901 Walnut Street.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Madam President, I have no bills or resolutions, but I would like to ask your indulgence to leave the meeting excused. I have business in my district, and I'd like to be recorded as voting aye on all resolutions, voting no on Bill -- the companion sick leave Bills 110557, 110558, and yes on all -- aye on all the other bills.
Thank you. Leave will be granted. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have two resolutions and one bill.
Thank you. The Chief Clerk will read the title of the bill.
An ordinance authorizing New Kensington Community Development Corporation to construct, own and maintain various encroachments of light columns located at the intersection of Girard Avenue and Columbia Avenue.
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 Twenty Eighth, Twenty-Ninth, Thirty-Seventh, Forty-Third and Forty-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 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 Model Cities Urban Renewal Area, designated as Parcel Nos. 700 and 701.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair now recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilwoman Miller for a report from the Committee on Public Safety.
Thank you, Madam President. The Committee on bill 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 Public Safety, to which was referred Bill No. 110633, entitled "An ordinance amending Chapter 10-300 of The Philadelphia Code, entitled "Minors," by amending Section 10-307, entitled "Unlawful Conduct of Minors," and Section 10-307, entitled "Parental Responsibility for Minor Children," to provide for earlier curfew hours for minors, to provide for different curfew hours for additional age groups among minors, and to provide for parental liability, establishment liability, and for penalties and enforcement, for violations of Chapter 10-300 or any expanded curfew under the powers, 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.
I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 110633. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bill just reported from committee. All in favor will say aye. (Aye.)
The 2ND READING ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. I note that the bill just reported from committee with suspension of rules has been deemed to have had a first reading. This bill will be placed on the Second Reading and Final Passage Calendar for the next session of Council. As there are no additional bills on the First Reading Calendar, the Chair now recognizes Councilwoman Tasco for the purpose of calling up bills and resolutions on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. The following resolutions and bills are being called up from the Second Reading and Final Passage Calendars today: Nos. 110540, 110589, 110682, 110683, 110684, 110685, 110686, 110687, 110688, 110689, 110690, 110498, 110556, 110557, 110558, 110559 and 110561. Bill No. 100200-AAA is being amended. Nos. 090850, 110116 and 110118 are being withdrawn. All other bills and resolutions are being held.
Thank you. Before considering these bills and resolutions, we will consider public comment as follows: Your public comment must concern matters on the Second Reading and Final Passage Calendar for possible action at today's Council session. All speakers must sign up in order to testify. If you have not already done so, I am suggesting that you put your name on the list at the table to my left at the Sergeant-At-Arms. 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. I would ask the Chief Clerk to please read the name of our first speaker.
Do you need help there? Can one of the Sergeant-At-Arms help the gentleman, please.
Good morning, President Verna and City Council. I actually am speaking as a homeowner and a dish customer and as well as an organizer for the City of Philadelphia and a community consultant that some of our buildings out there have these dish. Some are even government owned. They are not on the roof. They're on the side of the building. I just want City Council today to think about what I'm about to say, not the dreads that are in my hair and not the color of my skin. I'm not against this bill. I think Councilman Clarke and the few other City Council here has a great approach in order for our city, for the home values to go up, for our neighborhoods to get better. I am not against him. I think, again, the bill needs to be thought out. There's a case in Colorado similar to this when Council wanted to change. They looked at that. They were petitioned, and they fought it in court, and they won. They won it on the grounds that City Council did not have the authority to oversee the bill that Congress passed dealing with the OTARD. I just ask City Council today -- not to go against Councilman Clarke. It's a great resolution, but it needs to be thought out. Read the home rules for the FCC before a decision is made here today. It's more to it than just the safety. I just will read this from the FCC. This is a rule that has been established for us, government, in order to regulate these types of situations, not to take in hand and do what you want to do. This is about the people, not about just throwing bills on the floor, because it can affect all of us, not just the citizens here but you, your grand-kids down the road, over a satellite. But anyway, some of the questions that were raised through the FCC: Who is responsible for showing the restrictions in enforceable, which that's what Councilman Clarke as well as the rest of City Council is trying to do. It goes on, it talks about local government, community, property owners, management and community association. The restriction has a burden proven. Must you show the burden of proof through the process that I've been through this preliminary hearing? Nothing has been proven that the safety of those mounted on the building or whether on the side of the building, that they are a danger. Then it goes on and it talks about unreasonable expense down the years, which it's going to cost the consumer as well as the business owner to have those things removed or painted. I just ask City Council today, before you pass this bill, at least put some more thought in it. Just don't put a bill up there because you just want to put a bill up there. And it does say that we want to pass this bill. If you want to pass a bill and you want to force someone to do something, force the homeowners and force the businesses, instead of these satellites, to get out in front of their house, clean their yards up and clean their sidewalks up in the City instead of saying that we can't have a satellite. Thank you, Madam President.
Please come up and speak into the microphone. (Witness approached podium.)
Good morning, Madam President, members of Council, fellow citizens. I am not Barbara Russello. My name is Kathy Black and I'm President of the Coalition of Labor Union Women here in Philadelphia. Barbara was unable to make it, and so since she is a Board member of our organization and speaking both as an individual and for our group, I am here to read her statement. We are supporting Bill No. 110557, which amends the 21st Century Minimum Wage and Benefits Standards to include paid sick days. This is Barbara's story, but we think it is a typical story of many Philadelphians. Barbara works at the International Lounge out at the Philadelphia International Airport as a bartender, and she does not have any paid sick days. Her company used to be a unionized company, but it was sold out a few years ago to a new company, which eviscerated the union contract and with it the paid sick days that the employees used to enjoy. So during her job, she obviously comes into contact with people either waiting for or coming from a flight, and it's a constant turnover. Despite her best efforts and a flu shot, Barbara, like many of us last year, became very ill with the flu. She went to work one Monday despite feeling very ill, and she tried her best to keep her germs from spreading, but when you're serving people drinks, no matter how much you try, you can't ensure that an illness is not going to spread to anybody else. There's nothing foolproof. She poured drinks and handled food all day, all while very sick, working through the illness, only later to feel worse. So the next morning she woke up, knew she was too sick to go to work and called out sick so she could go to her doctor and get some medication. Luckily, her supervisor offered to try cover her shift for the day. And so she went to the doctor, got some medicine, but that day cost her a day's pay. Then she had to pay for the medicine, and her job was somewhat at risk if her supervisor had trouble covering her shift. The medicine she got from her doctor made her too drowsy to work the next day as well. She called out again, again losing a day's pay. Knowing she could not afford to miss another shift, despite still feeling horrible and still being contagious, Barbara was forced to stop taking the medicine, so she went to work on Thursday. She was forced to choose work over her own health and the well-being of her customers. And they were getting ready to get on airplanes and take their germs somewhere else. Having paid sick days gives workers the peace of mind when sick to take the time they need to get better. It also allows workers to visit a doctor when feeling sick or for preventive care to ensure continued health. Paid sick days provide that insurance a worker needs that their job will be there even when they need to make health their priority. So I support paid sick days and this bill and any other bill that comes before this Council, as does our organization, the Coalition of Labor Union Women, which has been an active coalition partner with the Coalition for Healthy Families and Workplaces. We urge City Council to vote yes today on Bill No. 110557. Philadelphia workers deserve no less. Thank you.
Denise Dennis, commenting on 110686. (Witness approached podium.)
Good morning, members of City Council. Thank you, Councilman Jones, for inviting me to speak today, and hello to Councilwoman Brown. I'm here neither as a professional environmentalist nor as an activist. I am here today as a private citizen who has knowledge to share as you consider this resolution. I am all for progress and I believe in progress, as long as that progress is reasonably safe. To ensure the safety of the people of the Greater Philadelphia area; in particular, our drinking water, I support the call for risk assessment and cumulative impact studies and the results of the EPA studies as you consider allowing drilling for natural gas in the Delaware River basin. I have lived in Philadelphia for nearly 30 years, but I grew up in Northeastern Pennsylvania. Today I am the steward of a property in Susquehanna County in Northeastern Pennsylvania that is on the Marcellus Shale and that was settled by my ancestors, free African Americans who came to Pennsylvania from Connecticut in 1793 and purchased property over 200 years ago. Four generations of my family are buried in our family's cemetery on that farm. We have been working to preserve the property, which the National Trust for Historic Preservation has identified as one of the, quote, "rarest African American sites in the Northeast United States" and which has also been recognized by the Smithsonian Institution as a unique African American historic site. There are no other rural properties in the Northeast that have been owned by the same African American family for over 200 years. I began to research natural gas drilling when after receiving offers from gas companies who sought a lease to drill for gas on our farm. I decided that I needed to find out for myself just exactly what natural gas drilling entailed, and I approached this with an open mind. I must confess, though, that as I had my reservations, remembering how historically many African Americans, thousands of African Americans, had had their land swindled away from them, stolen from them, just taken from them at a time when they had no access to justice in the courts. Because of this, because of my understanding of history and property rights, I was very careful. And when I was offered exorbitant sums of money, I said this sounds too good to be true. And when something sounds too good to be true, it's usually too good to be true. I felt that I had to pause even more because our property is in a primarily white county and has always been that way. I grew up up there. And that I really had to be careful about what I was being told about our property and about leasing our property. My neighbors were not so careful. One of the things I've learned in recent years since we first received our offers -- we received our first offers around 2004 -- is that about ten miles from our property, beginning in 2009 at least 32 families who once relied on their own fresh water, their own spring, had had to have safe water delivered to them regularly for all their needs - bathing, cooking, drinking, household chores, even flushing. Why? Because they now have methane in their water, and this happened since the gas well near their homes exploded because the well cement casing cracked. And the people who built that cement casing are the same ones who built the cement casing in the Gulf spill, Halliburton. Now, imagine what would happen -- and this is a very far off possibility. The chances of this happening in Philadelphia, drilling -Marcellus in this area is only really in Bucks County, and of course the Delaware River basin affects our drinking water.
So the possibilities of this scenario happening in Philadelphia would be over time, because it would take time for the methane to -- I mean, I don't want to go to the science, and I hoped the scientist was going to talk today, but it would take a while for this to happen. But nonetheless, imagine in some remote time in the future if you had a pecking order about who was going to get clean water delivered to them in Philadelphia. Just imagine that. And this is what is being considered here. If it sounds improbable, if it sounds like this could never happen in the United States, I suggest that you talk to some of the residents of Dimock, Pennsylvania. To be fair, however, the industry asserts -- and I have talked with the industry -- that the methane contamination that caused these explosions, the methane was already in the ground. Whenever you have fossil fuels, organic fossil fuels, you will also have methane. The question at issue here is whether the drilling caused the explosion, and the debate is still out, which is why you need to study this a little more.
Excuse me. Would you conclude your remarks. You're way beyond your three minutes.
Yeah. Well, I was asked to kind of give this. I'm going to tell you this. The industry has invested billions of dollars in the Marcellus Shale region and are committed to being here for 20 to 30 years more, depending on how long it takes to extract the gas and how long the gas lasts. They are not going to turn away from this investment as long as we keep demanding fossil fuels. This forward momentum cannot be stopped, but what you can do, what the people up there didn't do -- and the industry is trying to correct its mistakes. But what you can do is you can ask for studies, the risk assessment, cumulative impact and also the EPA studies. You can ask for those studies to be done to evaluate this before you go forward in the Delaware River basin. Harrisburg is firmly behind pro drilling. Both the Rendell Administration and the current Corbett Administration believe this is a boon for our economy. It isn't going to go away no matter how many people protest. So the best you can do, people, before you sign a lease, make sure you know what's going on. And also, governments, you have a right -- your people that you represent need to have an understanding of this. You should have the studies done before you sign off on things. I didn't sign. I still haven't signed. I am in talks with the industry about how this can be done safely. They know they can't drill on my property. You have to engage with the industry. You can't just be antagonistic, but you owe it to the people that you represent to make sure the studies are done so that we can all - industry, government, land owners and private people, private citizens - will have clean drinking water, will have access to fossil fuels in a way that is safe, and then I can end my speech and I will feel that I've done my best for the people of Philadelphia.
Rabbi Mordechai Liebling, commenting on 110686. (Witness approached podium.)
Shalom, Shanti, peace. Madam President, it's actually quite fitting that this Council hearing is today, because in the Jewish calendar, today is the first day of the holiday of Sukkots, or known in English as the Feast of Tabernacles, and it is this holiday of Sukkots that celebrates water. It is in regards to this holiday that we learn in the Bible that water is life. And in the book of Deuteronomy, we are told that on this holiday we take these, the myrtle, the palm branch and the willow and a special form of citrus fruit, and we shake it in all four directions to indicate that in all the directions of life not only there is the divine, but we are dependent on the earth and the world that we live in, and part of that dependency is on water, the sacredness of water. And you, Council, have the obligation and responsibility to protect the purity of water. We have a public health hazard in the making if the Delaware River is polluted. The lack of pure water is one of the leading causes of death in the world. Eight hundred million people a year die because there is a lack of clean water. Do you want to bring that to Philadelphia ten years from now, 20 years from now? This is about protecting future generations to have clean water. There can be no life anywhere without water. You have a holy and sacred obligation to protect life. And if you want to protect life, you have to protect water. And to protect water, you have to make sure that before any drilling is done, that every possible study and test is undertaken to ensure the absolute and complete safety for the people of the City of Philadelphia. This is a question of justice as well, because we know that if there is a lack of pure drinking water, the rich are going to have water to drink. It's the poor people who are not going to be able to pay for water. So this is not only a question of the environment, this is a question of justice, of protecting the lives of the people of Philadelphia. So I ask you to do your sacred duties and protect the purity of water and protect the lives of the people of Philadelphia.
Joseph Mahoney, commenting on Bill Nos. 110557 and 110561. (Witness approached podium.)
Good morning, President Verna and members of Council. Thank you for the opportunity to comment this morning. My name is Joe Mahoney and I'm Executive Vice-President of the Greater Philadelphia Chamber of Commerce. I'm here today to speak in opposition to Bill 110557, entitled "Philadelphia 21st Century Minimum Wage and Benefits Standard," by requiring employers subject to that Chapter to provide earned paid sick days, under certain terms and conditions. Consistent with our testimony presented on October 5th at the public hearing on the bill, we do not believe this bill meets the criteria outlined in our recently adopted Principles for Economic Competitiveness and puts Philadelphia at a disadvantage with surrounding counties who do not require employers to provide paid sick days. On Bill 110561, an ordinance under which businesses that enter into agreements to make contributions to community development corporations where they would receive business privilege tax credits, the Chamber recognizes the critical role of CDCs in neighborhood economic development and applauds the sponsor and co-sponsors of the bill for extending this very worthwhile program. The amendments contained in Bill 110561 will enable both existing partnerships in the program nearing the end of their ten-year term to continue or renew their participation as well as to add new participants to the program. We think that that is a very positive step for Philadelphia and urge you to support that bill. Thank you.
Andrea Lemoins, commenting on 110557. (Witness approached podium.)
My name is Andrea Lemoins, and I am here to support Bill 110557.
I am the co-coordinator for the Restaurant Opportunities Center here in Philadelphia. We are a non-profit focused on making the restaurant industry economically sustainable for owners and for workers. I am here as a supporter of the paid sick days bill. The passage of this bill will positively affect many food-service workers who work for companies contracted out by the City. In my past life, I was a pastry chef. I have seen many of your names on VIP lists in restaurants, and I've served many of you, and I know that I have worked at some of your favorite restaurants. I have served Mayor Nutter chocolate cake for his birthday while two of my co-workers were sick and sneezing behind me in the kitchen. I have served former Governor Rendell a pecan pie cheesecake while I myself had pneumonia. Just because you spend a hundred dollars or more on a meal and eat at a fancy restaurant does not mean that you are paying for healthy workers. Your food can easily come in contact with at least four people before it reaches your table. And in the kitchen, just like any other workplace or any other place you guys work at, someone is always sick. Most food-service workers make very little pay. Servers only make 2.83 an hour and most cooks only make 7.50 an hour. They cannot afford to miss a day, and many work while sick. I worked sick myself because I feared getting fired or written up. I'm sure that many of you have heard from business owners saying that they cannot afford to supply their employees with paid sick leave due to our current recession. However, when I saw the list of food-service businesses who are contracted out by the City, I noticed that many of them already provide some type of paid time off, and it seems that this bill will have little impact on them. Actually, after all, the largest association of restaurant owners in the U.S. will tell you that the food industry is booming. According to the National Restaurant Association, which is only made up of restaurant owners, sales at the nation's 960,000 restaurants represent 4 percent of the U.S. gross domestic product, and the food-service employees comprise nearly 10 percent of the U.S. workforce. Restaurant and food institutions are the nation's second largest private-sector employer with 12.8 million employees. Food-service sales are expected to reach a record $604 billion and post positive growth in 2011. Sales are projected to reach -- sorry; to rise 3.6 percent over 2010 sales. Does this sound like an industry that is not doing well during the recession? Does this sound like an industry who cannot provide people with basic benefits? I think not. A vote to pass this bill is a vote for job security for low-wage workers in Philadelphia. When you vote for this bill, I hope that you will be thinking about the economic stability and the health of those who serve all of you in this room. Thank you.
Hello, City leaders. My name is Fabrizio Rodriguez and I am the organizer for the Philadelphia Security Officers Union. Thank you for your time this morning and your attention. My little union represents the security officers that protect the Delaware Riverfront. These security officers were the first point of contact when the tragic duck boat accident occurred. One of our members discovered that another barge had broken loose of its moorings and was able to alert the proper people to prevent this barge from causing untold property damage and possibly endangering lives. These officers protect kids at the ice rink. They protect concert-goers at Penn's Landing. These officers often deal with drunk partiers, disoriented homeless people and harsh weather conditions. They earn $7.50 per hour, and despite the fact that the Delaware Riverfront is City land, they have no paid sick days. All of our members have self-reported that they have difficulty performing their jobs due to having to take over-the-counter medication in order to get through a shift while ill. To respond to crises like the Ride the Duck accident and to ensure public safety, our city needs to pass the earned paid sick leaves -- the sick leave days amendment. Thank you for your time.
Dr. Walter Tsou, commenting on Bill 110686. (Witness approached podium.)
Members of Council, my name is Dr. Walter Tsou and I'm currently President of Physicians for Social Responsibility and the former Health Commissioner of this city. I thank you for the opportunity to speak in favor of Resolution 110686, which would instruct Philadelphia to join in an amicus brief opposing gas drilling in the Marcellus Shale region that is within the Delaware River watershed basin until a full environmental analysis is completed. No doubt you will hear claims from the industry that gas fracking is necessary for our energy security and that it can be done in an environmentally safe way. I am here to say that they are wrong and that hydraulic fracking is inherently dangerous to the public's health. In order to conduct hydraulic fracturing, drillers need to take 4.5 to 6 million gallons of water, contaminated with compounds like diethyl benzene, ethyl benzene, formaldehyde, which are known carcinogens, petroleum distillate, otherwise known as paint remover, ethylene glycol, otherwise known as antifreeze, and some 40 to 100 more different volatile organic compounds that can be used in frack fluid. The water goes down a thousand feet into ancient seabeds, untouched in millions of years, dissolves into a salty brine slurry and radioactive compounds deep in the earth and then it's pulled out and supposedly lies in lagoons or sent to our wastewater treatment plants that are incapable of removing the salt, chemicals and radioactivity. That we would even think of letting this toxic brew leak into the pristine Delaware River and contaminate half the drinking supply of Philadelphia is an outrage. It's a no-brainer. It needs to never happen. Already we have many anecdotes of families who can no longer drink their water, bathe in their shower, sell their home, because it's now worthless, and they've depleted their savings accounts in order to pay for their healthcare bills. Now multiply this by the 20 to 40 thousand gas wells that the industry wishes to drill and you are literally taking billions of gallons of good water, contaminating it and rendering it permanently undrinkable. In short, this is a Pandora's box that we do not want to open. Beyond this, there is every likelihood that this frack water can extravasate into deep aquifers which, left alone, will naturally provide drinking water for hundreds of thousands of years. But with fracking, we are essentially contaminating them forever and allowing their continual toxic leakage into our drinking water. That is to say, once it's in the ground, we can never remove it. No amount of gas is worth contaminating our drinking water and, more importantly, permanently contaminating the drinking water of our children and grandchildren, not to mention our entire biological ecosystem. We can do something here in Philadelphia. We can pass Resolution 110686 and join other states in banning fracking until a full environmental study of this issue is completed. Thank you.
Missy Quinn, commenting on 110557. (Witness approached podium.)
Good morning, Council President Verna and the distinguished members of City Council. My name is Missy Quinn and I am a local director for Cushman & Wakefield's Management Division, but, more importantly, I am here this morning in my capacity as an executive committee member of BOMA Philadelphia. BOMA Philadelphia is a non-profit organization whose member buildings provide over 117 million square feet in workspace in and around the tri-state area. Our members are owners, developers, managers, service-industry providers, and our members' buildings define the City's skyline. We are a tremendous economic engine and a driver for the City and the region as a whole. As a civic-minded organization, BOMA Philadelphia supports policies and legislation that will strengthen the City's economic infrastructure, thereby creating jobs and encouraging full participation by all in the local economy. Last week before the Committee on Commerce and Economic Development, our Chairman testified in opposition to Bill No. 110557 on the grounds that while well-intentioned, it would negatively affect the City, the local business community and indeed the very workers the bill seeks to help. As currently written, the Philadelphia 21st Century Minimum Wage and Benefits Standard is ambiguous in terms of who an affected party is. Earlier this year this legislative body expanded the scope of the 21st Century Ordinance to include not only the employees of direct recipients of City incentives, but also employees of the tenants of a landlord who is also a direct recipient of City incentives. From a business perspective, Bill No. 110557 stands to become yet another impediment to local economic development. City programs and incentives that have been instituted to encourage development should be allowed to do just that. Not only would this bill hamper new development, it would drive up the costs associated with doing business, both for local employers and for the City. The economic realities of recent years have impacted us all, individuals and businesses alike. As the City of Philadelphia seeks to strengthen its economy and solidify its future revenue streams, it should encourage the entrepreneurial spirit on both the individual and corporate levels. Employees and employers alike are best served by a flexible system that will allow those involved to seek out the situations that will meet their needs most fully. On its own, the proposed requirement for mandated sick time as contained in this bill does not break the proverbial bank. It's the cumulative impact of all the burdens levied against business, employers and employees alike that makes the collective difference when making locational decisions. When looking at location options for companies, it's details like this, the stigma of a government that is viewed as anti-business, that is often the differentiator. I ask you all to stop and pause for one moment and ask yourselves if this bill passes and it costs just one company not to come to our city or one job from moving -- or one job from moving to our city, is that cost too great? We're confident that you would agree with BOMA and say yes. Even one job is too many in today's difficult economic climate. I realize this is tough to quantify and you may never know which companies have elected not to come or made an alternate location decision. BOMA asks that you give -- that you not give employers yet another reason to go elsewhere. There are many great people who live and work in the City. BOMA wants nothing more than to see everyone with a good, solid, quality job. We envision a city flush with employment and companies competing to attract talent, with higher wages, greater benefits and improved working conditions. This is what we should all be striving for, not government mandates which potentially send the wrong signal.
Please vote no to this bill. BOMA thanks you for your time and consideration. Thank you.
Ms. Quinn, I believe Councilman Goode would like to say something to you.
Good morning and thank you for your public comment. Were you present at the hearing last week?
Did the Chair of your Board report back to you about what happened at the hearing last week?
Did the Chair of your Board tell you that he was asked the direct question about which members of BOMA would be impacted by this bill, and he said he did not know? My response to him is that no members of BOMA will be impacted by this bill. In fact, no business will be impacted by this bill unless they receive City support after July 1st, 2012. It's only businesses that receive some sort of benefit from the City that are impacted by this bill, and yet and still the Administration has an ability to waive anyone they want from being impacted by this bill. So the way this bill is constructed is actually correct. But above and beyond that, BOMA was asked whether it offers earned sick leave, and at first your Chair didn't even know and then your Chair responded yes. Just as the Chamber of Commerce was asked were they offered earned sick leave, and the answer was yes. And so what you're saying is that when we spend taxpayer dollars on contracts or with developers on economic development projects, that we can't create contract requirements to ensure that people who work hard have a decent wage and benefit, when you yourself receive it.
And I'll answer that, if I may. Am I allowed to answer that? I agree with you that if you have a project and the workers on that project, if that's part of the contract pre-negotiated terms, that they should be allowed to receive sick time, but requiring a landlord to require each and every tenant in their building -
And for the record, at the end of the day, if BOMA doesn't want to fall under these contract requirements, then just don't take any money from the City. Thank you. (Applause.)
Jihad Ali, commenting on 110559. (Witness approached podium.)
Good morning, Council President Verna and other members of this Council. I am Jihad Ali. I'm a member of the Contractors Roundtable, an organization of African American and Hispanic contractors. I'm also here today on behalf of John Macklin, the President of the National Association of Minority Contractors. We're here to give our support for the passing of Bill 110559, which is an economic opportunity plan. We like to refer to as "an opportunity plan," because too many contractors in the City of Philadelphia, particularly disadvantaged contractors, African Americans and Hispanics who are in the City, are not receiving their share of the economic pie. There's a Hispanic contractor, Lu Torado. He's a general contractor. He can't find work. He's a local contractor in Councilman DiCicco's district. There's a contractor Al Brown, Complete Steel, one of the only steel contractors in the City. He's in Councilman Clarke's district. He can't get work. There's a contractor, electrical contractor, Jamal Johnson, in Councilman Jones' district. He can't get work. For the last 20 years, these guys have been struggling to make it. They provide jobs. They give opportunity to people. But I'm here today to thank this Council and especially the Rules Committee for putting Bill 110559 in front of this Council. I want to thank all the Councilpeople. When I thought about picking out people to thank, because there's always been -- in the Rules Committee, there's always good leadership, and in fact, it's Councilman Goode's leadership, which you've just seen an example of, that makes these type of bills possible. I wanted to thank everybody, because when I looked around, I saw Councilwoman Tasco, Councilwoman Miller, Councilwoman Maria Sanchez, Councilman Clarke, Councilwoman Blondell Reynolds Brown, Councilwoman Blackwell, Councilman Kenney, Councilman DiCicco. All of you have really helped us on this issue of economic development. And I wanted to close with this quote that I read by Jim Crone, who lived from 1930 to 2001. "A good objective of leadership is to help those who are doing poorly to do well and to help those who are doing well to do even better." Thank you for allowing me to testify.
Julie Edgar, commenting on 110686. (Witness approached podium.)
Good morning. Thank you for your time. I'll keep this brief. I'm sure you understand that on the 21st of November that the Delaware River Basin Commission is going to take a vote on whether or not to approve our regulations for drilling for shale gas in the Delaware River basin. Right now there is a lawsuit to keep them from doing that before the cumulative environmental impact studies are in. We think that this is a perfectly reasonable request. It seems ridiculous, patently ridiculous, to put the water supply of 15 million people at risk when the studies aren't even in. The shale gas has been trapped down there for millions of years, and I think it could wait until 2012 when the EPA is done with their study, because there's proven contamination all over the rest of Pennsylvania where this is going on. The primary purpose of the Delaware River Basin Commission is to protect and preserve the very high quality of this pristine water basin, which is the largest free-flowing, unfiltered water basin in the world, and scientific evidence proves without a doubt that shale gas drilling poses an absolutely unacceptable threat to the integrity of the water purity at issue, the Delaware River, which belongs to the people and not to the corporations which seek to leverage it for their privatized profits. There are very many studies that show that there's a very real danger posed to water quality, from private wells to public surface water, and this is unacceptable. The rate of well violations in Pennsylvania is 0.75, which is also unacceptable. A January 2010 environmental working group investigation found that the amount of benzene from a single fracked well could contaminate more than a hundred billion gallons of drinking water, which is clearly unacceptable. The problem with the flow-back water is that the industry has proposed no acceptable solution to disposing of it. When they treat it, it's not really treated. The radioactivity that's released from the shale can never, ever be removed from the water again, and the heavy metals and brines are not properly cleaned out. This water can never be returned to potable state again. And the water that gets used for fracking also constitutes a consumptive use of water, because 60 to 70 percent of it remains trapped in the deep shale formation forever, which means it's removed from the water cycle forever, and this is absolutely unprecedented in history, and we don't have 60 percent of billions of gallons of water to give away to this industry. So let's please, please support just -- you're not even saying -- you wouldn't even be saying no to fracking. You'd just be saying let's make sure and see what the studies say before we go ahead with it. Thank you for your time.
Andre Butler, commenting on 110557. (Witness approached podium.)
Good morning, City Council. My name is Andre Butler and I am the Vice Chair of the Board of Directors of the Philadelphia Unemployment Project, and I'm also part of a group called Neighborhood Networks and, more importantly, a banquet server. I know when I mention Neighborhood Networks, I know I give -- Councilman Goode gets his feathers ruffled. We've had some back and forth, but I'm glad to be on his side today. I became a banquet server officially about five years ago, and I worked for several temp agencies, several staffing agencies, which is how most banquet servers exist in this city. When you go to the Convention Center and have a convention, at least 50 percent of those servers that you see in penguin suits and bow ties are temp workers. When you go to most of the hotels that you have your black tie events and we're there serving you, most of us, at least half of us, are usually temp workers, which means those of you know, we don't have a steady paycheck. So oftentimes we have to take the job when we're sick, because we have no guaranteed income. So we take those jobs when we're sick. And I took one. Two years ago I was working at the Dolce Hotel in King of Prussia. I have three disc herniations in my neck, three disc herniations in my back and a pinched nerve in my right knee. It was my one day to work, my one day I had a chance to work that weekend. I needed to have money for next Friday. So I took that job, pain in like I don't know what. And as most of you know, when we're banquet servers, we carry these big football trays when we bring the food out to you to actually serve it. So I'm in the back of the house getting my food. I knew I couldn't carry ten that day. It was impossible. I said give me six. I'll just take six entrees out. The maitre d' tells me, They're very hot, Andre. Be very careful. Tell the guests these are hot. I said, Fine, I will. I'm taking my six out on the floor, get about halfway to my table, pain hits me, like about ten knives stabbing me in my back, and I'm trying to hold this tray with this hand trying to guide it. I couldn't do anything with it. I'm going forward and forward and forward, and I'm thinking I got six hot entrees in my hand that are about to fall on these guests here. So all I could do was keep steering the tray forward and forward and forward, and thankfully while all of the plates fell, they fell about this close to the guests. They fell right down like this and just missed the guests by that much. My co-workers came, cleaned up. Andre, take yourself -- get your back straightened out. Man down. We got this. We got this. Get yourself straightened out. Went back to the house, got myself straightened out. I thought about it. I said, I just possibly saved that hotel a lawsuit, because God knows those plates are really too hot for me to be carrying anyway. So I ask everybody that thinks about not supporting this bill for paid sick days and say it costs too much, just think about one thing. If somebody is working, whether it's a regular worker, a temp worker or a salary worker or a union worker, somebody that you're serving, whether it's in the culinary industry, whatever industry it is, something happens and somebody sues your business because some worker was sick and shouldn't have been working at that job and you became liable for some injury, I ask you, is it worth -- what is it worth? Is it worth preventing it before and paying the extra money to prevent something or saying it's not worth it and have a major lawsuit later? Thank you. (Applause.)
Thank you, City Council. I am a volunteer with an organization called Protecting Our Waters. I know there have already been four comments on Resolution 110686, so I will try to keep this short. The City of Philadelphia has an historic opportunity right now to pass this resolution to join a coalition of groups, including the Attorney General of New York, to file a lawsuit against the gas industry that wants to frack 20,000 wells in the Upper Delaware River watershed. If that were allowed to happen, the City of Philadelphia would gain nothing. We would get nothing. Even if some dollars flowed in, they would quickly dry up and our water would be poisoned and we would have a major public health crisis, not just us but the States of New York, Pennsylvania, Delaware and New Jersey. If we were to stop the fracking, we would go down in history as a city that stood up against an industry that wants nothing but profits for itself and to extract fossil fuels that should never be extracted and to prevent the development of sustainable energy and a sustainable future for our country. Vote yes Resolution 110686. Thank you. (Applause.)
I would ask the Chief Clerk if there are any other witnesses.
There are no other names on the public comment list, Madam President.
Thank you. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. (Ms. Bowling talking without microphone.)
I was told by the gentleman at the door not to bother signing in because you would announce that we would speak after everyone had spoken before it goes to Council.
I believe you were here last week and I believe the week before.
Is there a particular bill that you're going to be testifying on?
I can't hear you. What bill or resolution number are you going to be testifying on?
Thank you. I was held up by a few things this morning. Sorry I didn't get to partake of this Council from the beginning. I do hope that you all began with Penn's prayer for Philadelphia and Pennsylvania and beyond. Among other interruptions, we're meeting the citizens and the visitors of Philadelphia, one having been shot by a Philadelphia policeman, put on the badge of medical marijuana in Pennsylvania. He could not come in because he did not have identification. I'm sorry you're not giving full attention to this. The other gentleman was afraid to come in because his parole officer might be watching from the building across the street and see that even though he was a citizen speaking up to Council of his plight, he would be further mistreated and abused by the system. Now, to the point, on minimum wage issues, et cetera, let's not play itty-bitty spider went up the waterspout and fell down and had to crawl back up again. The minimum wage in Philadelphia and on the planet earth should be $10 an hour. Freeze prices locally, statewide, federally until such time when balance and equilibrium is brought to the economy. By the way, we did not impeach Obama or others, et al., in instances such as the BP fiasco whereby the Gulf of Mexico was turned into a developing swamp. We need those, by the way, while we're talking about gas and other energy sources good and not good. Sorry you don't have time for the attention. We in Pennsylvania were the first oil rig, the Drake. We've been first in Pennsylvania, first Philadelphia stuff. This little being happened upon in her lifetime a gentleman by the name of Keith Miller. He's been on disability for many years. He has been given a pittance. Whether he still is or not, I know not. By Harvard, there's an associate professor having submitted to the world in a scientific journal a complete layout of the deep oil fields here in the United States, the contiguous states, on land. Specifically, we will cite Michigan, where auto workers were without jobs because they could not fit in, because supposedly jobs were being given overseas. Thank God for the Chinese and the Indian people who have supplied us with Christmas.
I am sorry, you're going to have to conclude your remarks. You are well beyond your three minutes.
I think Mayor Nutter wants to put up portalets on the four corners -
You are well beyond your three minutes. We appreciate your coming in to testify, and I thank you. Our next witness, please.
Is there anyone else to give public comment on today's agenda? (No response.)
The oil wells sitting underneath Michigan was my jobs for those -
Thank you very much. Thank you very much. Our next witness, please. (Ms. Bowling talking without microphone.)
Our next witness, if any. (Ms. Bowling talking without microphone.)
Now I thank you for giving me respect. I worked many, many years for this moment.
Thank you again. Okay. Since there's no one 10/13/11 - STATED - 2ND READING else to testify, we will consider the bills on the Second Reading -
We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. The Clerk will please read the title of Resolution No. 110540.
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-Second Ward of the City of Philadelphia.
Thank you, 10/13/11 - STATED - 2ND READING 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 saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110589.
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 10/13/11 - STATED - 2ND READING pieces of ground with the buildings and improvements thereon, situate in the Sixteenth, Twenty-Ninth, Thirty-Second and Forty-Seventh Wards of the City of Philadelphia.
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 Resolution 110682. 10/13/11 - STATED - 2ND READING
A resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the 45th and Sansom Urban Renewal Area, designated as Parcel No. 11 and also sometimes identified by house number and street address as 122 South Forty-Sixth Street.
Thank you, Madam President. 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 indicate by saying aye. (Aye.)
Those opposed? (No response.) 10/13/11 - STATED - 2ND READING
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110683.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. The resolution is adopted. The Chief Clerk will please read the title of Resolution 110684. 10/13/11 - STATED - 2ND READING
A resolution also naming the 2000 block of East Tulpehocken Street as "Joseph C. Aiken, Sr. Way."
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. We will now consider Resolution 110685.
A resolution approving the redevelopment contract and 10/13/11 - STATED - 2ND READING disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, designated as Parcel Nos. 89 and 90 and also sometimes identified by house numbers and street addresses for Parcel No. 89 as 2018 through 2020 Reed Street and for Parcel No. 90 as 2024 Reed Street.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The 10/13/11 - STATED - 2ND READING ayes have it and the resolution is adopted. We will now consider Resolution 110686.
A resolution calling on the City and the City Council of Philadelphia to support, as Friend of the Court, consolidated lawsuits brought by the Attorney General of the State of New York and others against the Delaware River Basin Commission and involved federal agencies to require that no drilling of Marcellus Shale take place until a full environmental analysis is completed.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. 10/13/11 - STATED - 2ND READING All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. (Applause.)
The Chief Clerk will please read the title of Resolution 110687.
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 Fourth Ward of the City of Philadelphia.
The Chair recognizes Councilman Jones. 10/13/11 - STATED - 2ND READING
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.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110688.
A resolution recognizing October as Parent Involvement Month at the School District of Philadelphia.
Thank you, 10/13/11 - STATED - 2ND READING 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.)
The ayes have it and the resolution is adopted. The Chief Clerk will 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: (a) York Street, Carlisle Street, Girard Avenue and 19th Street; (b) York Street, the SEPTA Regional Rail tracks, Susquehanna Avenue 10/13/11 - STATED - 2ND READING and Watts Street; and (c) the Diamond Green, Kardon Atlantic, University Village and Wanamaker School developments, to be known as the North Broad Neighborhood Improvement District.
Thank you, Madam President. Madam President, that resolution should be held today. I want to hold that.
It's a hold today. I want to hold that today, Madam President.
Okay. That will be held. We will now consider Resolution 110690.
Resolution recognizing, honoring, and thanking LoJack SafetyNet for their outstanding 10/13/11 - STATED - 2ND READING commitment to Philadelphians who suffer from cognitive disorders.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. I would ask the Chief Clerk to please read the title of Bill No. 100200-AAA.
Madam President, one more resolution. I believe we have one more resolution. 10/13/11 - STATED - 2ND READING
It's not a number. It was introduced today with a suspension of the rules.
Bill No. 100200-AAA, entitled "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 restriction on placement, installation and maintenance of certain satellite dishes and antenna."
Thank you, Madam President. Madam President, the amendment on this bill has been 10/13/11 - STATED - 2ND READING circulated. This is a technical amendment based on the Law Department's request. Hopefully the last and final amendment. I move for the adoption of this amendment. (Duly seconded.)
The ayes have it and the bill has been amended. We will now consider Bill No. 090850.
An ordinance amending Section 10-1001 of Title 10 ("Regulation of Individual Conduct and Activity") of The Philadelphia Code relating to fees charged by the Commissioner of Records by modifying the amount of such fees. 10/13/11 - STATED - 2ND READING
Thank you, Madam President. Madam President, at this time I would like to withdraw that bill. (Duly seconded.)
The ayes have it and the motion carries. Bill No. 090850 has been withdrawn. We will now consider Bill No. 110116.
An ordinance establishing a parking regulation on Fontain Street, north side, 16th Street to 17th Street.
The Chair recognizes Councilman Clarke. 10/13/11 - STATED - 2ND READING
Thank you, Madam President. I would also like to withdraw this particular bill. (Duly seconded.)
It has been moved and seconded that Bill No. 110116 be withdrawn. All those in favor will say aye. (Aye.)
The ayes have it and the bill has been withdrawn. The Chief Clerk will please read the title of Bill No. 110118.
An ordinance establishing a parking regulation on Olive Street, south side, 5th Street to 4th Street.
The Chair again recognizes Councilman Clarke. 10/13/11 - STATED - 2ND READING
Madam President, I would like to make a motion to withdraw this bill. (Duly seconded.)
It has been moved and seconded that Bill No. 110118 be withdrawn. All in favor will say aye. (Aye.)
The ayes have it. Bill No. 110118 has been withdrawn. We will now consider Bill No. 110498.
An ordinance amending Section 9-804 of The Philadelphia Code, entitled "Unfair Rental Practices," by requiring that every lease provide that a landlord shall be prohibited from terminating the lease based upon a tenant's status as a 10/13/11 - STATED - 2ND READING domestic violence victim, and shall be required to terminate the lease upon the request of a tenant victim of domestic violence.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman 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. The Chief Clerk will please read the title of Bill No. 110556.
An ordinance amending Chapter 20-1200 of The Philadelphia Code, entitled "Lobbying," by modifying certain definitions, provisions, and exemptions.
This bill having been read on two different days, the question now is shall the bill pass finally.
I'm 10/13/11 - STATED - 2ND READING sorry. The Chair recognizes Councilman Green.
Thank you, Madam President. I have been asked by some state agencies and instrumentalities of the state to make clear that this bill includes all federal -- this bill includes an exemption for employees of all federal and state agencies and instrumentalities, including SEPTA. Thank you, Madam President.
You're welcome. This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman 10/13/11 - STATED - 2ND READING O'Neill is voting aye. Councilwoman Reynolds Brown.
Aye. The ayes are 17; the nays are zero. A majority of members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 110557.
An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled "Philadelphia 21st Century Minimum Wage and Benefits Standard," by requiring employers subject 10/13/11 - STATED - 2ND READING to that Chapter to provide certain earned sick leave benefits to employees covered by that Chapter.
This bill having been read on two different days, the question now is shall the bill pass finally.
I wish to be recognized. I will be brief. Thank you, Madam President. Clearly our First Amendment rights are alive and well today, the rights of protesters to gather outside and agitate in a peaceful way, the rights of activists to gather inside and advocate in a passionate way. The right to express ourselves is a fundamental right that we should cherish, but it doesn't mean that people are listening, that they really hear you or they 10/13/11 - STATED - 2ND READING understand. This Council has a chance to express ourselves today through a simple vote on this bill aye or nay. We can show those on the outside and those on the inside that we're not confused about the message that is being sent. People are fighting for the American dream, to make it a reality. America needs jobs, good jobs, family-sustaining jobs, jobs with livable wages and benefits. That's the American dream. This Council should not be confused about the message that is being sent. The message is about economic justice, which means that a person who works 40 hours a week for up to 52 weeks a year should be able to live with dignity, fair wages and benefits, especially if the job is supported with City taxpayer dollars. In 2005, all 17 members of this Council enacted a local minimum wage standard, which is now a living wage 10/13/11 - STATED - 2ND READING standard. In 2008, all 17 members of this Council enacted a minimum benefits standard as well. Last year an overwhelming majority of voters confirmed our authority to do so, establishing our authority under the Home Rule Charter. Today this Council should establish an earned sick leave standard, even if it's only for those that benefit from City contracts after July 1st, 2012. To those on the outside and those on the inside, I tell you I'm listening, I hear you, I understand, and I'll be voting aye. I would encourage all 17 members of this Council to do the same, except one has already left. You should not have to choose between being pro worker and pro business. That's a false choice being given by the Chamber of Commerce and those who want to suck up to them. But if you have to choose, choose the people. I'll be voting aye. Thank you. 10/13/11 - STATED - 2ND READING
Councilman O'Neill is voting nay. Councilwoman Reynolds Brown.
Aye. The ayes are 15; the nays are two. A majority of all members having voted in the affirmative, the bill passes. (Applause.)
I would ask the Chief Clerk to please read the title of Bill No. 110558.
An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled "Philadelphia 21st Century Minimum Wage and Benefits Standard," by repealing Section 17-1311, entitled "Living Wage Advisory Committee," and by enacting a new Section 17-1311, entitled "Living Wage and Benefits Review Committee."
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. 10/13/11 - STATED - 2ND READING
Councilman O'Neill is voting nay. Councilwoman Reynolds Brown.
Aye. The ayes are 15; the nays are two. A majority of all members having voted in the affirmative, the bill passes. 10/13/11 - STATED - 2ND READING We will now consider Bill No. 110559.
An ordinance amending Chapter 17-1600 of The Philadelphia Code, entitled "Economic Opportunity Plan," to require that certain economic opportunity plans be submitted to Council and published on the City's website and changing all references from "MBEC" to "certifying agency," as defined.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman 10/13/11 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
Councilman O'Neill is voting aye. 10/13/11 - STATED - 2ND READING 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. The last bill to be considered is Bill No. 110561.
An ordinance amending subsection 19-2604(6) of The Philadelphia Code, under which businesses that enter into agreements to make contributions to community development 10/13/11 - STATED - 2ND READING corporations receive business privilege tax credits.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman 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. The Chief Clerk will please read any other additional resolutions on today's Calendar.
A resolution honoring and congratulating the Most Reverend Charles Joseph Chaput for his recent installation as Archbishop for the Archdiocese of Philadelphia, introduced by Councilman Green.
The Chair recognizes Councilman Green for a motion on the resolution.
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.)
The ayes have it and the resolution is adopted. Are there any other resolutions to be considered?
Thank you. That will conclude our Calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Yesterday there was a rally, a labor rally, in these Chambers. I want to thank my colleague Maria Sanchez for the work she did. We had SEI Union and 1201 and many labor unions represented. I liken it to what is happening outside these windows and outside our building, this, quote/unquote, Wall Street uprising and an uprising that's taking place across our country. I want to thank the Transport Workers Union for taking the responsibility of providing porter toilets. And I want to say that something apparently is happening in this country where people realize that they have to rise up and talk about the need for jobs and other issues that affect their life-style. And I believe that we note that, to say that we appreciate as Americans the right for everybody to have a decent life-style and access to this tree of life. So I thank you all who were committed and concerned, and think it is responsible for us to note that they are here for the right reasons. Thank you, Madam President.
Is there 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 20th, 2011, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, October 20th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you all very much. (Stated Meeting adjourned at 12:15 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 13, 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.)