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Minutes

Stated Meeting, December 5, 2013

Philadelphia City CouncilDec 5, 2013

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilman Jones

Thank you, Mr. President. I move that the rules of Council be suspended to permit the removal of Bill No. 130698 from the Calendar and its re-referral to the Committee of the Whole. (Duly seconded.)

Council President Clarke

Thank you. It has been moved and properly seconded that the rules of Council be suspended to permit the removal of Bill No. 130698 from the Calendar and its re-referral to the Committee of the Whole. All those in favor say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, the motion carries, and Bill No. 130698, as amended, will be 12/5/13 - STATED - 2ND READING re-referred to the Committee of the Whole. Mr. Decker, please read the title of 130723.

Chief Clerk

An ordinance amending Title 6 (Health Code), Title 17 (Contracts and Procurement), and Title 20 (Officers and Employees) all of The Philadelphia Code, by replacing references to "mental retardation" with references to "intellectual disability."

Council President Clarke

Thank you. This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Goode. 12/5/13 - STATED - 2ND READING

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kenney is voting aye. Councilman O'Brien.

Councilman O'Brien

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Quinones-Sanchez. 12/5/13 - STATED - 2ND READING

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Squilla.

Councilman Squilla

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Clarke.

Council President Clarke

Aye. The ayes are 17; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, do you have any additional resolutions.

Chief Clerk

A resolution honoring, recognizing and commending the American Society of Civil Engineers for its extraordinary service and dedication to the innovation of vital City 12/5/13 - STATED - 2ND READING infrastructure, introduced by Councilman Johnson.

Council President Clarke

The Chair recognizes Councilman Johnson.

Councilman Johnson

Mr. President, I move for the adoption of the resolution. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it and that resolution is adopted.

Chief Clerk

A resolution authorizing the Committee on Public Safety to hold hearings to investigate Notario Fraud and other forms of immigration consultant fraud in the City of Philadelphia, introduced by Councilman 12/5/13 - STATED - 2ND READING O'Brien.

Council President Clarke

The Chair recognizes Councilman O'Brien.

Councilman O'Brien

Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted.

Chief Clerk

And a resolution authorizing the Committee on Finance to conduct public hearings to examine the City Budget for non-traditional funding sources to assist low and middle income households with home repair and maintenance service to address household 12/5/13 - STATED - 2ND READING energy needs, introduced by Councilman Jones.

Council President Clarke

The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. I move for its adoption. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted.

Chief Clerk

And a resolution proclaiming January 13, 2014 as Korean American Day in the City of Philadelphia to celebrate and commemorate the proud heritage of Korean Americans and their invaluable contributions to enhancing the City's culture, economy, and the founding 12/5/13 - STATED - 2ND READING ideals of independence and democracy, introduced by Councilman Oh.

Council President Clarke

The Chair recognizes Councilman Oh.

Councilman Oh

Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted.

Chief Clerk

There are no other resolutions for consideration on the Final Passage Calendar, Mr. President.

Council President Clarke

Thank you very much. back to special business. Council will now reconsider the vote by which Bill No. 130770 was passed. Mr. Decker, read the title of the bill.

Chief Clerk

Bill No. 130770, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by revising use regulations relating to medical, dental and health practitioners in certain areas of the City."

Council President Clarke

Thank you. This bill having been read on two different days was duly approved by City Council on November 21st, 2013 and was returned to Council by the Mayor as disapproved at today's session of Council. The question is shall Bill No. 130770 pass notwithstanding the Mayor's disapproval. Please note that a vote of aye to override the Mayor's veto and a vote of nay is a vote to sustain the Mayor's veto. Mr. Decker, would you please call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

I'd like to vote nay, Mr. President, but I'd like to explain my vote. Thank you. I'm going to vote nay on this, not because I object to the rationale of the bill, but because I believe that if we want to have a policy affecting medical offices, methadone clinics, et cetera, we should deal with it in the code on a citywide basis and portion of the City. So I would vote no for that reason. Thank you, Mr. President.

Council President Clarke

Thank you.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kenney is voting aye. Councilman O'Brien.

Councilman O'Brien

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Squilla.

Councilman Squilla

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Clarke.

Council President Clarke

Aye. The ayes are 16; the nays are one. Two-thirds majority of members of Council having voted in the affirmative, the Mayor's veto is overridden. That completes our Calendar for today. Are there any speeches on the part of the minority? The Chair recognizes Councilman O'Brien.

Councilman O'Brien

Thank you, Mr. President. Today I introduced a resolution with co-sponsor Councilwoman Maria Quinones-Sanchez calling on the Committee on Public Safety to hold hearings to examine Notario Fraud and other forms of immigration consultant fraud in the City of Philadelphia. Notario Fraud occurs when an individual provides immigration and other legal services that he or she is not qualified to perform. This fraud is committed by people who capitalize on an immigrant's vulnerability and ignorance of the United States legal system to offer substandard, false or non-existent immigration services. Often using false advertising and fraudulent contracts, Natarios hold themselves out as qualified to help immigrants obtain lawful status. Many trusting and unsuspecting immigrants often pay tens of thousands of dollars for what they believe are legitimate services of a licensed attorney, only to Fraud. This crime doesn't just affect the undocumented population. Many people who go to Notarios are legally in this country either through a Green Card or a Visa. Such individuals have an actual or real pathway to citizenship and go to Notarios to complete that journey. If these Notarios do not file the paperwork, the legal permanent residents and Visa holders lose their window of time to apply for citizenship. Our immigrations law do not have a fraud exemption. If you miss the deadline, you miss the deadline. This is perhaps one of the most troubling parts of this issue. We need to look at immigration scams and the unauthorized practice of immigration law. I look forward to examining the impact of Notario Fraud on Philadelphia's immigrant community and the response from appropriate agencies to enforce current laws and reduce future to bring stakeholders into this room and have a meaningful public discussion about victims who suffer and remain silent. Councilwoman Sanchez and I hope to give voice to this important issue. Thank you, Mr. President.

Council President Clarke

Thank you so much, Councilman. The Chair recognizes Councilman Jones.

Councilman Jones

Very briefly, Mr. President. I want to offer an opportunity to meet the new President of District Council 47, Mr. Frederick Wright. He is in the Caucus Room and is seeing government up close and personal in its best form today. But this is a non-consequential addition. We will be providing lunch, which is provided by Chef Ken of the 8th Councilmanic District.

Council President Clarke

you, Councilman. The Chair recognizes Councilman Green.

Councilman Green

Thank you very much, Mr. President. In the last year it's become a practice of mine as I get up in the morning to try to spend 15 or 30 minutes in prayer and reflection or meditation, whatever you want to call it, on what's going to come in the day ahead to try to prepare myself for what I expect and to try to prepare an appropriate response for the things that I don't expect and to keep me even during the day. And last Sunday I picked up in church sort of six-minute reflections for Advent, and one of -- the reflection for today notes that it is the last day of Hanukkah, and so it's our last opportunity to say as a City Council, Happy Hanukkah to those who celebrate that. But it also tells the story of Hanukkah, which probably not all Philadelphians and all people present 70 AD, the temple in Jerusalem was destroyed by the pagan king of Syria, and it became a tradition after that not to duplicate outside the temple anything that was done inside the temple. Hanukkah is a celebration of 164 AD when the temple was rebuilt. And the reason we have a menorah with nine candles today, because the original menorah was seven candles to celebrate the seven days of creation of the earth and the world, is because they don't duplicate the tradition of what happened in the past, but they honor and respect it. And I think there are some important lessons to be learned on the reflection of Hanukkah for those of us in government. Judaism did not change because the temple was destroyed. The past was honored upon construction of the new temple, but it was not copied. In our government here or the School District, change. Mayor Street called these people the "be here's." They're the people in the bureaucracy that kind of prevent new things from happening. I'll be here when you get here, and I'll be here when you're gone, is how he described it to me. Change or destruction of the past, voluntary or involuntary, is scary. Government, despite great change, won't change its purpose. It is of, by, and for the people. We can be about the same thing and do it with new methods while respecting our past and our purpose. Thank you, Mr. President.

Council President Clarke

Thank you. Thank you so much, Councilman. The Chair recognizes Councilman Johnson.

Councilman Johnson

Hear, hear. Thank you, Mr. President. I to, first and foremost, thank my colleagues for voting and supporting my pop the lock bill, which will allow the Philadelphia CLIP program the ability to pop the locks of what I call slum landowners, lots that serve as a blight in our neighborhoods, but it will give the CLIP program the ability to go in and abate that property, clean it up, and then bill the actual landowner. So I do want to thank all my colleagues for voting in the affirmative. And also the next issue, we will be with members of the LAX Airport discussing the issue of labor harmony and how labor harmony works at the Los Angeles Airport contract with their concession program at 2 o'clock inside the Caucus Room, and all are invited to come and listen to the presentation. So thank you very much. And that's in partnership with Councilwoman Blondell Reynolds Brown.

Council President Clarke

you, Councilman. I thought you were going to suggest that we all go out to LAX and talk to them out there, but I guess we'll have to settle with their visit here.

Councilman Johnson

Taxpayers' time, Council President.

Council President Clarke

Pretty good this time of year. Thank you so much. This concludes the speeches on behalf of the minority and majority. So at this time, the Chair recognizes Councilwoman Brown for a motion to adjourn.

Councilwoman Brown

Thank you, Mr. President. I move that Council stand adjourned until Thursday, December 12th, 2013 at 10:00 a.m. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded that Council stand adjourned until Thursday, December 12th, 2013, 10:00 a.m. say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. Thank you all very much. ) 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, and that this is a true and correct transcript of same. MICHELE L. ) A 8:13 9:2,9 12:11 148:23 151:5 107:10 109:14 107:13 117:7 abandoned 118:3 actual 167:7 158:19 159:18 112:12,13,15,17 119:15 124:24 120:24 172:11 160:18 161:19 116:7,8 122:17 145:17 148:20 abate 172:10 Acute 61:9,10 adopting 74:12 122:18 124:18 149:25 151:13 abatement 138:25 AD 170:3,9 adoption 82:15 124:19 125:23 152:13 154:3,25 abating 75:2 add 17:25 85:7 134:20 126:2 amending 43:9 ability 106:19 adding 49:25 136:8 137:11 agencies 167:24 45:4 47:14 172:5,9 52:24 55:19 138:3,10 139:8 agenda 106:20 49:14,17,22 able 8:6,11,25 146:5,11 147:20 140:6 141:10 Aging 55:3 52:12,14,18,22 11:6 150:12 152:23 145:2 148:9,25 ago 93:10 114:6 53:14,17,23 absence 5:7,12,20 addition 55:4 150:24 153:13 122:24 54:12 55:7,15 123:19 89:21 168:21 158:7 159:6 agreement 67:16 57:18,24 63:8 Academy 21:6 additional 67:19 160:7 161:7 77:17 78:2 70:3 74:7,19,22 accelerating 81:13 102:4 advance 87:12 102:22 109:25 75:5 80:2 143:4 90:21 139:2 157:20 advantage 108:22 110:2,3,15 143:6 145:24 access 74:25 additions 74:13 Advent 169:18 142:3 146:3,6,9 accessory 55:17 address 26:12,20 advertising 53:2 agreements 67:24 147:18 150:5,7 accommodate 27:3 29:22 36:8 55:19 95:17 ahead 112:16 152:19,22 155:7 45:9 39:20 40:7 166:19 130:3 169:11 162:9 accommodation 67:10 87:23 advise 25:17,22 aided 11:9 amendment 47:17 94:7 113:8 Advisory 137:25 Aiden 11:16 63:19 64:2 accommodations 159:25 Advocacy 102:11 12:23 66:13 67:16 63:12 addressed 98:8 advocating Aids 108:11 81:21 82:12,13 accompanied 99:3 116:20 aired 20:19 82:15 84:13 7:17,19 10:21 addresses 27:11 AED 13:9 Airport 172:15,18 85:4,5,7 141:25 accompanying 37:2 AEDs 13:15 15:14 Ali 103:9,14 143:18 144:6 6:15 16:18 adequate 100:19 15:16 Allegheny 28:3 145:2,2,8 148:6 accounts 89:3 adjoining 123:23 Affairs 76:19,22 Alliance 102:3,10 148:7,9,12,19 accurately 175:5 adjourn 173:16 77:6 102:24 117:4 148:23 150:21 achieve 101:2 adjourned 173:19 affect 167:3 127:9,11,13 150:22 151:4 achieving 100:5 173:24 affirmative allies 107:17 153:10,17 acknowledge ADJOURNME...