COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 10, 2012 10:25 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES KENNEY COUNCILMAN DENNIS O'BRIEN COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
Good morning, everyone. (Good morning.)
It appears we've established a quorum. I'd ask everyone to please take their seats and for our guests and visitors to retire behind the rail. Thank you. To give our invocation this morning, the Chair recognizes Deacon Vincent Guest of the Diocese of Camden, New Jersey. He is here today as the guest of Councilman O'Brien. I would ask all members and guests to please rise. (Members and guests rise.) DEACON GUEST: Thank you, Mr. President. And we pray. Almighty and eternal God, you have revealed your glory to all nations. Through you, God of power and might, wisdom and justice, all authority is rightly administered, laws are enacted Assist with your spirit of counsel and fortitude the City Council of the City of Philadelphia. Let the light of your divine wisdom direct the deliberations of this body. We place under your care our elected officials and their staffs. May they be enabled by your powerful protection to discharge their duties with honesty and ability. We likewise commend to your unbounded mercy all citizens of our beloved city. We are a city of many neighborhoods and of cultural diversity. Help us, Lord, we pray, to see each other as brother and sister so we may reach out and help one another, especially the poor and vulnerable. Rid our streets from violence and protect those who watch over our safety - our police officers, firefighters, rescue workers and first responders. Finally, gracious God, protect Help them to know that they are loved and have the God-given ability to make this world a better place. We pray to you, who are Lord and God forever and ever. Amen. (Amen.)
Thank you so much for those inspiring words. Council will be at ease. (Council at ease.)
Thank you. The next order of business is the approval of the Journal of the meeting of Thursday, May 3rd, 2012. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, May 3rd, 2012 be approved. (Duly seconded.)
It's been moved and properly seconded that the Journal of the meeting of May 3rd, 2012 stand approved. All in favor say aye. (Aye.)
The ayes have it. The next order of business is requests for leaves of absence. The Chair recognizes Councilman Jones.
Thank you, Mr. President. On behalf of the majority, there are no requests for leaves of absence.
Thank you. The Chair now recognizes Councilman O'Neill.
Mr. President, on behalf of the republicans, there are no requests for leave of absence.
Thank you, sir. The Chair will dispense with the regular order of business and I would like to recognize and thank all of the guests and visitors here today. We truly hope today is a wonderful experience, and we hope that you want to come back after witnessing democracy in action today. So thank you so much for being here. At this time, the Chair recognizes Councilman Squilla, who will present a resolution congratulating the Saints John Neumann Maria Goretti 2011-2012 Boys Basketball Team on winning the Philadelphia Catholic League Championship and also the District 12 Class AAA City Title and the PIAA Class AAA State Championship. Would Coach Carl Arrigale and those accompanying him at the podium. And we have Councilman Greenlee, Councilman Kenney and Councilman Johnson and Councilman O'Neill, and we have these wonderful young men who have achieved this great task.
First of all, I'd like to start off in saying you know how hard it is to win a championship in your league. It's a very difficult proposition, and the Neumann Goretti Saints have won their league four straight years and won the district title for four straight years, which is a city title here in Philadelphia for Class AAA, but the most amazing part of this is for them to be able to win a state championship coming from South Philadelphia, going throughout the state and winning it three consecutive years. I just want to give a round of applause to Neumann Goretti. (Applause.)
It's a great pleasure and honor for me to be here today with a co-South Philadelphia Councilperson in Kenyatta Johnson, but also having the honor of having three Prep Councilmen co-sponsor this bill to give it to Neumann Goretti makes it even more enjoyable. (Applause.)
Congratulations to Saints John Neumann Maria Goretti 2011-2012 Boys Basketball Team on winning the Philadelphia Catholic League Championship, District 12 Class III City Title and the PIAA Class AAA State Championship. Whereas, the Neumann Maria Goretti Basketball Team led by Coach Carl Arrigale had an outstanding season finishing 28 and 3; and Whereas
During the season, the Saints were undefeated in the Catholic League, extending their winning streak to 70 to 0, and earning their fourth straight Philadelphia Catholic League Championship. The team also won their fourth straight District 12, Class AAA City Title. Their season culminated with a win over the Montour Spartans from Western Pennsylvania, the Saints third straight PIAA Class AAA State Championship; and
Whereas, led by seniors Bill Shank and Derrick Stewart, the team won the triple crown of boys high school basketball. Derrick was first team All Catholic, second team All State and third team Philadelphia Daily News All City. He will continue playing basketball at Rider University in the fall. Bill was second team All Catholic and received an Honorable Mention for the Daily News All City. He was awarded a full scholarship to attend the College of St. Rose in Albany, New York; and
I was just telling Councilman Squilla that the Prep guys are up here because we heard there were some difficult words here. Whereas, Junior John Davis was named first team All State, first team All Catholic and second team Philadelphia Daily News All City. Sophomore J'Quan Newton was recognized on the first team All State, first team All Catholic and second team Philadelphia Daily News All City; and
Whereas, Neumann-Goretti was ranked No. 8 in the PowerAde FAB 50 East region and No. 20 in the Writers Poll Xcellent 25 High School Boys Basketball teams; therefore Resolved, by the Council of the City of Philadelphia, that we hereby congratulate Saints John Neumann Maria Goretti 2011-2012 Boys Basketball Team on winning the Philadelphia Catholic League Championship -- tough words -- District 12 Class AAA City Title and the PIAA
See, the Prep guys had a hard time saying "championship," I noticed.
Further resolved, that an engrossed copy of this resolution be presented to Saint John Neumann Maria Goretti 2011-2012 Boys Basketball Team, further evidencing the sincere sentiment of this legislative body. Congratulations. (Applause.)
The Chair recognizes Coach Arrigale. COACH ARRIGALE: It's always fun coming here. I want to thank Council for inviting us back. We've been here a couple years. It's been a while since the Prep has been here, but we always enjoy coming back. It's a great honor and a privilege, especially with Mark on the Council now. I coached his son and got to know him and his family pretty well. I just want to thank everybody. Hopefully we'll get a chance to see you again, maybe be at another final with the Prep. Maybe we'll miss their foul shot this time.
Thank you. At this time, the Chair recognizes Councilman Johnson, who will present a citation honoring and congratulating the Richard Allen Preparatory Charter School Young Men's Basketball Team. Would Principal Richards, Coach Gibbs and those accompanying them please join the Joining the Councilman, we have Councilman Henon, Councilwoman Bass, Councilman Squilla and Councilwoman Blackwell and Councilwoman Brown.
That's much better. Today I am honored and privileged to have this opportunity to present a citation to the Richard Allen Preparatory Charter School for their winning of the 2011 Charter School Basketball Championship, but also acknowledging the excellence in academic performance of all the basketball players on the Richard Allen Preparatory Charter Basketball Team. So the citation reads: The of Philadelphia is pleased and proud to congratulate the coaches and players of the Richard Allen Preparatory Charter School Young Men's Basketball Team for their success on the basketball court as well as in the classroom.
Whereas, Richard Allen Preparatory Charter School is a force to be reckoned with among charter schools in Philadelphia. The Young Men's Basketball Team won the Charter School Basketball Championship four times in the last five years, three of which were consecutive championship victories. The Young Women's Basketball Team also held the charter school championship title between 2007 and 2009; and
Whereas, Dexter Gibbs and Darrell Gray consistently led their teams to victory through both hard work and dedication. Furthermore, the Board of Trustees and been instrumental in support for the RAPCS Young Men's Basketball Team through their unwavering commitment and devotion to athletics and academics; and
Whereas, with a busy academic schedule and rigorous basketball season, the players were hard-pressed to maintain their scholastic standards, but it is understood that their work and grades are the utmost importance of Richard Allen Preparatory Charter School. Indeed, 90 percent of the students in the programs test at proficient or advanced levels on the Pennsylvania System of School Assessment, PSSA; and
Whereas, despite the fact that the basketball program initially lacked comprehensive practice facilities, the Richard Allen Preparatory Charter School Young Men's Basketball Team relied on hard work and determination to strengthen their skills become a championship squad year after year; and Whereas, several Richard Allen Preparatory Charter School student athletes have gone on to succeed in high school and Division I college basketball;
Now, therefore, by virtue of this citation, the Council of the City of Philadelphia is pleased and proud to congratulate the coaches and players of the Richard Allen Preparatory Charter School Young Men's Basketball Team for their success on the basketball court as well as in the classroom. We extend to Richard Allen -we wish them well in all future endeavors and extend the sincere respect and admiration of our legislative body. As I say congratulations, let me note that we will also have Brother Jones here on the 23rd to speak with the Education Committee and with all members of Council on charter school issues, and we thank him for his leadership and for attended on Friday night. Thank you.
The Chair recognizes Principal Richards and Coach Gibbs for remarks. PRINCIPAL RICHARDS: Thank you all so very much. Thank you to Ms. Jessica Richard, Mr. Gibbs, Mr. Gray, our players. Thank you to our wonderful Board member, newly elected representative Jordan Harris. Thank you, Councilman Johnson, Councilwoman Blackwell and all the members of Council. I think I'd be remiss if I did not mention that in addition to our young men hitting the AYP standards, our school has made AYP for seven of the past eight years, including the last five years consecutively. (Applause.) GIBBS: I'd just like to say thank you to the Council, but, most importantly, our biggest accomplishment, as stated, is the fact that our students come in and they perform hard in the classroom as well as on the basketball court. Thank you.
Good afternoon. As CAO, I also wanted to thank the Council and also again just reiterate that our students do work hard inside of the classroom and on the court. We do have high academic and behavioral expectations. We also celebrate and educate the entire child, and we thank you for your support. (Applause.)
And just in closing, I just want to acknowledge to everyone that's here and those who are a lot of people who are watching the work that we're doing in City Council. If you just notice, we have just commended two groups of young people, and it shows how we must keep the priority of making sure that all young people have positive outlets to enjoy themselves, to stay involved in things that will enable them to go on and do great things with their lives. And so, again, I thank my colleague Mark Squilla for having Neumann Goretti here today and honoring them, because I'm a lifelong resident of South Philadelphia, and, more importantly, I'd also like to acknowledge Richard Allen Preparatory Charter School and the great work that they're doing on the court as well as in the classroom. Because it's important that we make sure that young people are our priority on the agenda in the City of Philadelphia. So thank you very much and God bless.
At this time, the Chair recognizes Councilman Jones, who will present a resolution recognizing and celebrating May 7th to May 11th, 2012 as National Correctional Employees Week in the City of Philadelphia. Would Deputy Commissioner of Prisons Clyde Gainey and those accompanying him please join the Councilman at the podium. We also have Councilman Oh, Councilman Squilla, Johnson and Councilwoman Blackwell joining the Councilman, and Councilwoman Tasco.
It's not by chance or coincidence that the last two presentations were about young people that had positive experiences in society and chances before them to go off and do other day, as Chair of Public Safety, I talked about a guy named Ray-Ray that I grew up with, that mistakes were made in rearing him in his home, possibly by his parents, and members of his community didn't teach him the proper conduct to deal with people in society. And unfortunately, sometimes every now and then those individuals wound up in the company and in the custody of the people that we see here where the word "correctional officer" is not lost on us as well. Because the mistakes of those past, in school and at home, have to be corrected so that society remains safe, and he and they and she have to teach those lessons every day. When we fail to invest in public schools, we wind up having to invest in correctional institutions. However, today we acknowledge the necessary work of the correctional officers here today and their daily and public safety. It takes special people to do their job. So, therefore, today we recognize and celebrate May 7th to 11th, 2012 as National Correctional Employees Week in the City of Philadelphia.
Whereas, correctional officers are a vital partner in assuring the public safety of our city. By carrying out their duties effectively, the men and women who work at the Philadelphia Prisons are protecting many communities, as well as managing and enabling the smooth function of our criminal justice system; and
Whereas, the employees of the Philadelphia Prison System manage a population of over 8,000 inmates, twenty-four hours a day, 365 days a year; and
Whereas, the stress on correctional officers is affected by understaffing, extensive overtime, rotating shift work and poor public image; and
Whereas, our correctional employees provide the guidance, instruction, skills and opportunities within a controlled environment that allow people to remake their lives and reconnect with their families and communities; and
Whereas, according to the Bureau of Labor Statistics, correctional officers have one of the highest rates of non-fatal on-the-job injuries; and
Whereas, no group of public servants have more difficult or less publicly visible jobs than the men and women who work in our correctional facilities, psychiatric wards, federal and state prisons, parole and probation officers; now therefore
Be it resolved, by the Council of the City of Philadelphia, that it hereby recognizes 7th to 11th, 2012 as National Correctional Employees Week in Philadelphia. Further revolved, that an engrossed copy of this resolution be presented to the Commissioner of Prisons as evidence of our sincere admiration and sentiment of this legislative body. Thank you. (Applause.)
The Chair recognizes Deputy Commissioner Gainey for remarks. DEPUTY COMMISSIONER GAINEY: Thank you, Councilman Clarke, President Clarke, and Councilman Jones. On behalf of Commissioner Louis Giorla, who could not be here today, we wish to extend our great thanks for this distinguished award. I also accept it on behalf of the men and women of the Philadelphia Prison System, who we pledge to continue to provide an excellent service to the
Before I call for our next and last presentation, the Chair recognizes Councilwoman Tasco.
Thank you, Mr. President. I'd just like to recognize before he darts out the door one of my outstanding community leaders in the 9th Councilmanic District, Bill Dolbow, who is the Ward Leader of the 35th Ward and also the President of Lawncrest Civic Association. We want to thank him for hosting a wonderful Council session at Saint Williams on Tuesday night. He really pulled the crowd out. We had a wonderful meeting. Thank you, Bill.
Thank you, Councilwoman. At this time, the Chair recognizes Councilwoman Bass, who will present a resolution proclaiming May 12th to May 19th, 2012 "LOVE YOUR PARK WEEK" in Philadelphia. Would Deputy Commissioner of Parks and Recreation Susan Slawson and those accompanying her please join the Councilwoman at the podium. And I see we have Councilman Henon, Jones and Johnson and Squilla.
Good morning. This is very important, I think, and special to all of us in our own way. Philadelphia is a beautiful city. And let me just say that again, because sometimes I think it gets away from us. Philadelphia is a beautiful city, and our parks and our park system to do with that. Our parks are amenities that I believe are unmatched by any other city. And so when it comes to "LOVE YOUR PARK WEEK," this should be a natural, I think, for all of us. And I'd like for you to think about what does your park in your neighborhood or the park that you went to when you were a child, what did it mean to you? How much does it mean to you? Because we need your help. We need your support. We need for you to volunteer. We need for people to be engaged in what's happening in their parks and in their neighborhoods. And so, again, what does your park mean to you, and making a commitment to supporting the park in your neighborhood or throughout the City is very, very important. So with that being said, I'd like to read a resolution that we have here proclaiming May 12th through 19th, 2012 as "LOVE YOUR PARK WEEK" in Philadelphia. Whereas, "LOVE YOUR PARK WEEK" is a citywide celebration of Philadelphia's diverse parks featuring eight days of service projects, fun events, educational programs, family activities and tours at over 100 Philadelphia parks; and Whereas, "LOVE YOUR PARK WEEK" is a collaborative effort between Philadelphia Parks and Recreation, the Fairmount Park Conservancy and the Pennsylvania Horticultural Society; and
Whereas, "LOVE YOUR PARK WEEK" kicks off with residents, community groups, park friends from across the City volunteering in their local parks for the "LOVE YOUR PARK WEEK" Service Day on Saturday, May 12th to maintain, clean and beautify these natural and recreational treasures. The signature service day site this year is Tacony Creek Park, a 302-acre facility, which is full of meadows, wetlands, green spaces that connect neighboring north with Juniata Golf Course and Frankford Creek to the south; and
Whereas, "LOVE YOUR PARK WEEK" has over 50 events throughout the City, featuring events like Philly's Pep Rally Night at Pleasant Hill Park, Lardners Point Dedication along the Delaware River, Speed Dating in Love Park, Jerry Blavat Record Hop and Dance Party in South Philadelphia at FDR Park and the Historic Mansion Bike Tour of East Fairmount Park and a Hula Hoop Expedition and Contest in Malcolm X Park are just some of the amazing signature events planned for this weekend.
Whereas, the "Show Your Love" Contest is open to all park users to show or tell us how they love our Philadelphia parks and enter to win fabulous prizes. Participants can submit a picture or video, write a poem or tell a story in 300 words or less expressing and showing parks. Everyone can enter the contest and vote for their favorite entries on the official website www.loveyourpark.org; and
Whereas, "LOVE YOUR PARK WEEK" was made possible thanks to the generous support of ACE Charitable Foundation, NovaCare Rehabilitation, U.S. Facilities, Inc., PRWT Services, Inc., Albert J. Lofgren and Antoinette Farrar Seymour Donor-Advised Fund of the Philadelphia Foundation; now therefore be it
Resolved, by the Council of the City of Philadelphia, that we hereby proclaim May 12th through 19th, 2012 "LOVE YOUR PARK WEEK" in Philadelphia and urge all of our citizens to love their parks every day, volunteer and enjoy as many park events as possible during this week-long celebratory event. Further resolved, that an engrossed copy of this resolution be Deputy Mayor and Parks and Rec Commissioner Michael D. DiBerardinis as evidence of the sincere sentiments of this legislative body. Thank you. (Applause.)
The Chair recognizes Commissioner Slawson. COMMISSIONER SLAWSON: Good morning. I'd first like to thank City Council for this resolution. Your support for Parks and Recreation, all of you standing here and sitting out there, has been phenomenal, and "LOVE YOUR PARK" has now gone from one day to a full week. So that's really exciting for us, and it also shows the wonderful private-public partnership that we need in the City of Philadelphia to make our parks remain and stay wonderful. You have a wonderful park; you have a wonderful neighborhood. You have a wonderful neighborhood; you have a wonderful park. And our goal is to make sure that we can provide for our community members the best parks in the country, and that's what we're doing by having "LOVE YOUR PARK." And City Council, again, thank you so much for this today. And with that, I'd like to welcome Drew Becher, President of the Pennsylvania Horticultural Society, and Kathryn Ott Lovell, Executive Director of the Fairmount Park Conservancy, to the podium.
Thank you, City Council, for this. I just heard, I think we needed more men for the speed dating; is that right? So if anyone is single out there and you're a man, we need you for the speed dating in "LOVE YOUR PARK." It is such a pleasure to be a partner with "LOVE YOUR PARK WEEK." This is the first, as you heard, week for park love in Philadelphia, but we should love our parks year round, but we're just bringing attention to it this week. The Pennsylvania Horticultural to improving our parks and public spaces and garden for over 185 years right here in Philadelphia. PHS, the Philadelphia Parks and Recreation has been working for 20 years on making these parks what they are today. We have over 100 parks friends groups throughout the City, and we couldn't be more proud to be a part of this partnership. The focus of "LOVE YOUR PARK WEEK" is beautification and sustainability, and as we at PHS like to say, we want to have a flower show in every single park throughout Philadelphia, because everyone deserves a great place to work and play and have fun. You saw those great men that were standing behind Council earlier with their amazing efforts on winning state championships and et cetera, and a lot of them probably got their start in Philadelphia parks. And that's what we move forward, and that's why everybody deserves a great place to play. And parks are not a nicety; they are a necessity. And that's something that "LOVE YOUR PARK" is really showing, and I really want to thank City Council, President of City Council, Mayor Nutter, everyone for your support of this. We really, really appreciate it. Come out and enjoy a great week here in Philadelphia celebrating a great asset of this region. Thanks so much. (Applause.)
Good morning. I'm Kathryn Ott Lovell. I'm the Executive Director of the Fairmount Park Conservancy, and we are thrilled to be a partner for "LOVE YOUR PARK WEEK," the City's first annual. At the Fairmount Park Conservancy we exist to champion Philadelphia's parks. We believe parks can be catalysts for positive change in our city, and we believe better parks healthier, our neighborhood safer and our region more competitive. Through our first annual "LOVE YOUR PARK WEEK," we hope to recruit new champions for Philadelphia's parks and new change agents for our neighborhoods. "LOVE YOUR PARK WEEK" is a public-private partnership. Partnerships like these are critical to our city. They enable us to leverage resources, which go right back into our neighborhoods. "LOVE YOUR PARK WEEK" would not be possible without the generous support of our corporate sponsors. They are here with us today. Please join me in acknowledging ACE Charitable Foundation and Eden Kratchman. (Applause.)
U.S. Facilities, Jim Dobrowolski, David Groomes and Alan Sentman. (Applause.)
And two of our sponsors, NovaCare Rehabilitation and U.S. Facilities. Please join me in thanking them for supporting the City's first annual "LOVE YOUR PARK WEEK." (Applause.)
Thank you. Council will be at ease. (Council at ease.)
Thank you. The next order of business is communications. The Chair requests that the Sergeant-of-Arms please deliver the messages from the Mayor to the Chief Clerk. Mr. Decker, please read the messages.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on May 9, 2012, I signed the following bill that was passed by Council May 3, 2012: Bill No. 120251; and I am submitting herewith for the consideration of your honorable body an ordinance authorizing the Streets Commissioner to enter into a multi-year agreement with Covanta 4 Recovery for the receipt, transfer, and disposal of municipal solid waste; and Also an ordinance authorizing the Streets Commissioner to enter into a multi-year agreement with Waste Management of Pennsylvania for the receipt, transfer, and disposal of municipal solid waste; and An ordinance authorizing the Commissioner of Public Property to enter into a long-term lease agreement with the Southeastern Pennsylvania Transportation Authority, whereby the City will obtain use of a parking lot located approximately at the intersection of Dupont and High Streets; and An ordinance authorizing the into purchase obligations for the delivery of electric supply for use by facilities owned and leased by the City, including agreements that obligate payments for delivery of electric supply for Fiscal Year 2015; and An ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," to expand the scope of "Plan '10" and "DC Plan" to cover additional employees, to change contribution rates, and to make technical amendments, all under certain terms and conditions.
Thank you. Those messages will be printed in today's Journal. Do you have any other communications?
Thank you very much. We will now go to introductions of bills and resolutions. The Chair recognizes Councilman Kenney.
An ordinance amending Chapter 12-1130 of The Philadelphia Code, entitled "Traffic Code," by requiring refunds and waivers of towing and storage fees, all under certain terms and conditions.
That bill will be referred to committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. Today I introduce two bills, one co-sponsored by you.
An ordinance amending Title 20 of The Philadelphia Code, entitled "Officers and Employees," by allowing persons offered employment with the City to enter into payment agreements for debts owed to the City or City agencies without a down payment.
That 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 52nd Street, Master Street, Peach Street, and Media Street.
That bill will be referred to committee. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. On your behalf, I offer one resolution.
A non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-Second Ward of the City of Philadelphia.
That resolution will be placed on next week's Final Passage Calendar. The Chair recognizes Councilman Henon.
Thank you, Councilman. The Chair recognizes Councilwoman Tasco.
Thank you, Councilwoman. The Chair recognizes Councilman Johnson.
Thank you, Councilman. The Chair recognizes Councilwoman Sanchez.
Thank you, Councilwoman. The Chair recognizes Councilman Green.
Thank you, Councilman. The Chair recognizes Councilman O'Brien.
Good morning, Mr. President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilman Goode.
Thank you, Mr. President. I offer no bills or resolutions.
Thank you, Councilman. The Chair recognizes Councilwoman Brown.
Thank you, Mr. President. I offer one bill co-sponsored by my champion on this issue, Councilman Goode, and one resolution co-sponsored by members Sanchez, Bass, Blackwell and Tasco.
An ordinance amending Section 17-109 of The Philadelphia Code, entitled "Local Bidding Preferences," by adjusting the local bidding preference for City contracts.
Thank you. That bill will be referred to the appropriate committee.
I pride myself on being prepared. However, I cannot find my talking points on that matter, so I'll hold it at the time of the majority.
And a privileged resolution congratulating Autumn Adkins Graves for her contributions and service to Girard College and to the City of Philadelphia.
Thank you. That resolution will be placed on today's Final Passage Calendar. The Chair now recognizes Councilman Jones.
Thank you, Mr. President. Today I offer seven bills, four on your behalf; two resolutions, one on your behalf; and a privileged resolution co-sponsored by Councilwoman Bass.
An ordinance authorizing the Commissioner of Public Property to enter into a long-time lease agreement with the Southeastern Pennsylvania Transportation Authority, whereby the City will obtain use of a parking lot located approximately at the intersection of Dupont and High Streets.
That bill will be referred to the appropriate committee.
And an ordinance establishing a no parking regulation on Roberts Avenue, north side.
And an ordinance establishing a no parking regulation on Fox Street, east side.
And an ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," to expand the scope of "Plan '10" and "DC Plan."
That bill will be referred to the appropriate committee.
And an ordinance authorizing the Chief Innovation Officer to enter into up to two multi-year contracts for access to online research services and online legal publications.
And an ordinance authorizing the Streets Commissioner to enter into a multi-year agreement with Covanta 4 Recovery for receipt, transfer, and disposal of municipal solid waste.
That bill will be referred to the appropriate committee.
And an ordinance authorizing the Streets Commissioner to enter into a multi-year agreement with Waste Management of Pennsylvania for the receipt, transfer and disposal of municipal solid waste.
And a privileged resolution recognizing and honoring the 63 outstanding Philadelphia public school teachers, recipients of the Lindback Award for Distinguished High School Teachers for excellence and in particular the seven recipients from schools located in the 4th Council District during National Teacher Appreciation Week.
That resolution will be placed on today's Final Passage Calendar. The Chair recognizes -
And a privileged resolution authorizing Council's Committee on Parks, Recreation and Cultural Affairs to hold public hearings for applicants seeking nomination to serve on the Commission on Parks and Recreation, and further authorizing the Committee to recommend for Council's consideration nominations to be forwarded to the Mayor.
That resolution will be placed on today's Final Passage Calendar. The Chair now recognizes Councilman O'Neill.
Thank you, Councilman. The Chair recognizes Councilman Squilla.
Thank you, Mr. President. I have three bills, two non-privileged resolutions.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating Bodine Street from Spring Garden Street to Green Street.
That bill will be referred to the appropriate committee.
And an ordinance authorizing Northern Liberties Auction, Inc. to construct, use and maintain various encroachments within the right-of-way on the north sidewalk of Spring Garden Street between North Third Street and Bodine Street.
That bill will be referred to the appropriate committee.
And an ordinance continuing the Port Richmond Industrial Development Enterprise Neighborhood Improvement District beyond its termination date.
That bill will also be referred to the appropriate committee.
And a non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-First Ward of the City of Philadelphia.
That resolution will be placed on next week's Final Passage.
And a non-privileged resolution initiating action to continue the Port Richmond Industrial Development Enterprise Neighborhood Improvement District beyond its termination date.
That resolution will be placed on next week's Final Passage Calendar. The Chair now recognizes Councilwoman Bass.
Thank you, Mr. President. I have no bills or resolutions this week.
Thank you, Councilwoman. The Chair recognizes Councilman Oh.
Thank you, Councilman. That concludes the introduction of bills and resolutions. The next order of business is the report from committee. The Chair recognizes Councilman Greenlee for a report for the Committee on Rules.
Thank you, Mr. President. The Committee on Rules reports one bill with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 120321, entitled "An ordinance declaring it is desirable for the health, safety and welfare of the people of the area served by Temple University, Jeanes Hospital, Temple Physicians, Temple Health System Transport Team, Inc., the American Oncologic Hospital, the Institute for Cancer Research and Fox Chase Network, Inc. for The Hospitals and Higher Education Facilities Authority of Philadelphia to undertake certain projects for such entities, each of which are non-profit corporations," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Mr. President. I move that the suspended so as to permit first reading this day of Bill No. 120321. (Duly seconded.)
Thank you. It's been moved and properly seconded that the rules of Council be suspended to permit the reading this day of Bill No. 120321. All those in favor say aye. (Aye.)
The ayes have it. This Bill 120321 will be placed on the First Reading Calendar today. The next order of business is the consideration of the Calendar. I note that the bill just reported from committee with suspension of the rules has been deemed to have had a first reading. This bill will be placed on the 5/10/12 - STATED - 1ST READING Final Reading Passage Calendar next week. The Chief Clerk will read any other bills on the First Reading Calendar.
Bill No. 120106, entitled "An ordinance amending Title 12 of The Philadelphia Code, entitled 'Traffic Code,' by providing for the adjudication of parking violations contested by alternative methods."
Thank you. This particular bill will be placed on the Second Reading and Final Passage Calendar of the next Council session. The Chair now recognizes Councilman Jones for the purpose of calling up bills and resolutions on the Second Reading and Final Passage Calendar.
Thank you, Mr. President. The following resolutions and bills are being called up for Second Reading and Final Passage Calendar today: 2ND READING Nos. 120347, 120348, 120349, 120350, 120354, 120355, 120356, 120358, 120138, 120298, 120188, 120177, 120137. All other bills and resolutions are being held.
Thank you, Councilman. Before considering the resolutions and bills, we will consider public comment as follows: First of all, I would ask that anyone who wishes to comment, please sign up at the desk to my left. There is a device on the podium in the far -- you will see it. The light will turn green when it's your time to speak. It will turn yellow when 30 seconds is coming, and it will turn red when your time is up. You will have three minutes to speak. The purpose of the three-minute limit is to ensure full participation of everyone who wishes to testify on Council session at that particular day. Mr. Decker, would you please read the name of the first individual who wishes to testify.
Good morning, sir. (Witness approached podium.)
Good morning, Mr. President, members of Council, ladies and gentlemen. I'm commenting on Resolution 120356, EPA greenhouse gas. I oppose this resolution. President Obama has promised to bankrupt clean-burning coal plants with draconian EPA regulations. This assault was launched following the congressional failure of carbon tax schemes, such as cap and trade that would have funneled taxes to Al Gore's company, Gore and Blood, which will produce a great deal of blood gore. This abusive practice will bring about rolling blackouts, et cetera. Thirty-three thousand climate scientists disagree with the global warming scam. Moreover, in 2009, Climategate exposed the hoax of global warming through leaked e-mails, fudged data, thus proving scientific fraud. If this continues, we will get higher electric bills for no good reason. The oceans aren't rising. The polar ice caps are expanding. Polar bears can swim, and, no, we cannot find the elusive man-bear-pig, half man, half bear, half pig. Has anyone consulted the sun on this issue, I wonder. The EPA heavy-handed law is similar to what Mayor Nutter is doing with his regulations using the Health and Streets Department regarding the feeding of the homeless. Nutter, like the federal government versus Congress, is running around this body because he cannot get it to cave into his absurd demands. However, he, like the feds, is becoming lawless by causing this body to become toothless, unless this sort of clamor is defeated. The Supreme Court case Massachusetts versus the Environmental Protection Agency, 2007, is quite limited regarding this issue. Quote, the statutory question is whether sufficient information exists for it, the EPA, to make an endangerment finding. Instead, EPA rejected the rule-making petition based on impermissible considerations. Its action was, therefore, quote, arbitrary, capricious or otherwise not in accordance with law, Section 7606(d)(9). On remand, EPA must ground its reasons for action or inaction on the statute. Hey, whatever happened to all those green energy companies like Solyndra and Evergreen Solar the Obama Administration used billions of tax dollars to fund? You know, the companies that never made any product before they went belly-up. We simply cannot afford to have the EPA shut down the power industry. Quote, I can only say that what this country does not need is another Gestapo bureaucracy like the EPA, Senator James Inhofe, the author of The Greatest Hoax: How the Global Warming Conspiracy Threatens Your Future. Thank you for your time, and God bless.
Thank you so much, sir. At this time, the Chair would like to recognize Councilman Jones. Councilman, there was a resolution that's now being called up.
We will also be calling up Resolution 120254 by Councilwoman Blackwell.
Thank you. Better known as the feeding bill. Thank you. Thank you, Councilman. Thank you so much.
Peter Schneider, commenting on 120350. (Witness approached podium.)
Thank you, Mr. President and members of Council. My name is Peter Schneider and I'm a supervising attorney at Community Legal Services. I wanted to take a moment to thank Councilwoman Tasco and Councilman Jones for introducing the resolution in opposition to HB 2191, a bill that would legalize payday loans in the state at 300 percent annual interest rates. Payday loans are an abusive form of lending that traps financially vulnerable borrowers into a long-term cycle of debt. These loans are short-term cash advances with extraordinarily high fees and interest. While payday loans are marketed as a quick loan to address financial shortfalls between paychecks, they are structured to create a debt trap, because payday loans are offered at a triple-digit annual interest rate with the entire amount due in two short weeks and are secured by access to a borrower's bank account either by a postdated check or electronic debit. Borrowers who pay back their loans are often unable to meet their other obligations without taking out a new payday loan during the same pay period. This is the start of the debt trap, which can leave borrowers indebted to payday lenders for several months or years. Industry data shows that 76 percent of payday revenue is due to borrowers stuck in that debt trap. Payday loans increase the chances that a household will have difficulty paying other bills, delay medical care and ultimately lose their checking accounts due to repeated overdrafts. In fact, payday loans cause so much harm to the finances of service members, that the Department of Defense concluded they were impairing military readiness and Congress effectively banned them for service members by establishing a 36 percent annual interest rate cap. Fortunately, payday lending at triple-digit interest rates has long been illegal under Pennsylvania law regardless of whether those loans are made in storefronts or online. Our loan has been effectively enforced against lenders attempting to evade our law, but now these same out-of-state lenders are lobbying to legalize payday loans in Pennsylvania. HB 2191 would roll back our existing consumer protections and allow predatory payday loans carrying rates of 300 percent or higher. The last-minute amendments to the bill are no solution. These so-called protections have been enacted in other states, and payday lenders already know how to evade them. A ban on rollover loans is meaningless because the lender can simply make a new loan shortly after closing out the old one. The out-of-state lenders are pushing to pass this bill quickly, hoping no one will notice. It was voted out of the House Consumer Affairs Committee yesterday and could be scheduled for a floor vote as soon as May 21st. There has been mounting opposition to this bill. A diverse coalition of faith-based organizations, labor groups, consumer advocates, veterans associations and social services providers have come together to oppose it, and Representative Cherelle Parker has been the leading legislator opposing the bill's passage. We must stop this bill, and I urge the Council to support this resolution. Thank you.
Judith Parker, commenting on 120356. (Witness approached podium.)
Hi. I would like to respectfully disagree with the previous speaker on this bill. Virtually all well-regarded scientists, at least all those not in the pay of energy industry, agree that global climate change is a serious problem, not just for polar bears but for our own health here in this city. We in Philadelphia can certainly remember the lack of cold winter weather this year for an example. So along with most scientists, I would like to strongly support our city's efforts to clean up our air, and urging the Environmental Protection Agency to move swiftly to fully employ and enforce the Clean Air Act will not only be good for the climate, but will be good for the health of all citizens in the City. Thank you.
Mr. President members of Council, a special hello to my new District Councilwoman Bass. I'm here to speak in support of the resolution about payday loans, following up on the testimony of my former colleague at CLS, Peter Schneider. Members of Council, if we turn the clock back a little bit to 2001, I worked very closely with Councilwoman Tasco and her staff in bringing to this body and the City at large the problem of predatory lending. We knew what we were talking about in 2001, and we still know what we're talking about. It's true that one of those staff people has graduated to the Pennsylvania House and is leading the charge for the good guys, Representative Parker. I'm also pleased that one of the young lawyers that I trained, Carrie Smith back then, is leading the charge, with Community Legal Services trying to do the same. It's a very, very hard task. As Peter mentioned, virtually everybody is opposed to legalizing payday loans. It's kind of a preposterous concept that we would make legal what everybody knows is a harmful product. It's amazing to see -- they call the bill the Short-Term Loan Protection Act. The thing is, the citizens are already protected from these loans because they're illegal, and I suppose it's the protection that they're seeking to give is to the industry, the loan sharks that pervade this damaging product. Now, as Peter mentioned, it's hard to find anybody at all that's for this bill. We have lining up virtually everybody against the bill, but nonetheless, it seems to be moving, and I would say that this is a real sad Exhibit A to the state of civics, certainly in Harrisburg, where basically the public good is essentially up for auction for anybody who wants to come and offer to buy it. This bill, though, is -- this situation is not an idealogical one. This is not one where it's the republicans or it's the right wing or -and I'm not here to talk about any of that stuff. This is not idealogical. We have republicans and democrats signed on to this harmful, ridiculous bill. And while we obviously are very happy to have the Council supporting this resolution opposing the bill to go on record, we ask you to use whatever relations that you have with the legislators in Harrisburg, who are supposed to be representing the public good, to do whatever you can to put some common sense -- to speak common sense to them. I know that we have two former members of that body here in Council. Your help is really needed. We have the list of the sponsors from both sides. 5/10/12 - STATED - 2ND READING People are beginning to peel off -- there have been roughly, I believe, 10 or 12 democrats that have come off. One republican came off yesterday. We desperately need your help, but we thank you as a first step for this resolution. Thank you.
There are no other speakers on the public comment list, Mr. President.
Thank you. Anyone else wish to testify? (No response.)
There being none, thank you very much. We will now consider the resolutions and bills on the Second Reading and Final Passage. The Clerk will please read the title of Resolution No. 120254. 5/10/12 - STATED - 2ND READING
A resolution authorizing the City Council Committee on Housing, Neighborhood Development, and Homeless to hold hearings concerning the impact of the Department of Parks and Recreation's proposed Regulation 769785 as it pertains to public feeding in Philadelphia.
Thank you, Mr. President. I move for the adoption. (Duly seconded.)
It's moved and properly seconded. Those in favor? (Aye.)
The ayes have it. The resolution is adopted. Mr. Decker, please read the 5/10/12 - STATED - 2ND READING title of Resolution 120347.
A resolution authorizing the Commissioner on Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Sixth Ward of the City of Philadelphia.
Thank you. The Chair again recognizes Councilwoman Blackwell.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. Those in favor? (Aye.)
5/10/12 - STATED - 2ND READING Those opposed? (No response.)
The ayes have it. Resolution 120347 is adopted. Mr. Decker, 120348.
A resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area, identified by house number and street address as 1709 through 11 Olive Street.
Thank you, Mr. President. I move the adoption of the resolution. (Duly seconded.)
Moved and properly seconded. Those in favor? 5/10/12 - STATED - 2ND READING (Aye.)
The ayes have it. Resolution 120348 is adopted. Mr. Decker, 120349.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Seventh and Thirty-Second Wards of the City of Philadelphia.
The Chair again recognizes Councilman Greenlee.
Thank you, Mr. President. I move the adoption of the resolution. 5/10/12 - STATED - 2ND READING (Duly seconded.)
Moved and properly seconded. Those in favor? (Aye.)
The ayes have it. Resolution 120349 is adopted. Mr. Decker, 120350.
A resolution urging the Pennsylvania General Assembly to oppose House Bill 2191 that will legalize payday lending in Pennsylvania and harm the citizens of our Commonwealth.
Thank you, Mr. President. I'd like to speak on the resolution.
5/10/12 - STATED - 2ND READING Please do, Councilwoman.
Good morning. As many of you know, I've been an outspoken critic of predatory lending. However, after a period of true reflection on this issue, my position has evolved. People of all income brackets, especially low-income Philadelphians, should have the right and liberty to take out so-called predatory loans that they choose even if these loans have high interest rates, balloon payments and pre-payment penalties. People, especially those of color, should have an opportunity to take out so-called predatory loans even if these loans include mandatory loan insurance as well as significant broker and other fees. For too long, we have taken a patronizing attitude toward people that take out so-called predatory loans, and people should have the right and the liberty to take out these loans. In this regard, I will be introducing a 5/10/12 - STATED - 2ND READING resolution for hearings on the positive benefits of so-called predatory loans, because the best consumer protections for these loans is the ability for consumers to take out any loan that they choose. Further, these hearings will allow so-called predatory loans, which have been labeled incorrectly, to be re-branded as "opportunity loans" because they provide all people, regardless of race or income level, an opportunity to borrow money. Now, let me take the opportunity to refute everything I just said. I wanted to get your attention. All right? I joke, because recent legislative action on this issue is a joke on our citizens. Predatory lending is one of the principle reasons for the downturn in the housing market that caused the worst recession since the Great Depression, and, again, I thank 5/10/12 - STATED - 2ND READING this Council that took the lead in 2000 to pass anti-predatory lending legislation in this body. Further, allowing people to take out predatory loans is the exact opposite of providing people with consumer protections. However, it is this type of unfortunate thinking in the Pennsylvania General Assembly that allow House Bill 2191 to be voted out of the House Consumer Affairs Committee yesterday by a vote of 20 to 4. House Bill 2191 legalizes payday lending in Pennsylvania under the misguided belief that this legislation is needed to provide consumer protections for Pennsylvanians who are able to take out payday loans over the Internet. However, payday lending is already illegal in Pennsylvania, and the Pennsylvania Supreme Court has upheld enforcement actions by the Department of Banking against online payday lenders that are operating illegally. 5/10/12 - STATED - 2ND READING Due to Pennsylvania's longstanding usury laws, 24 percent is the limit for annual interest rates on small dollar loans, and compared to other states with payday lending, these usury laws have saved Pennsylvanians approximately $223 million annually. House Bill 2191 does not provide consumer protections for Pennsylvanians, because it legalizes various predatory features of payday loans, including triple-digit interest rates over 250 percent, short minimum loan terms, which are the borrower's next payday, single balloon payments forcing borrowers to repay the entire loan, including all interest and fees, on the next payday and requiring post-dated checks or pre-authorized electronic debits as security for payday loans. " And this Coalition includes AARP Pennsylvania, Community Legal Services, which have done a great job in this area through the years, Esperanza, Housing Alliance of Pennsylvania, Pennsylvania AFL-CIO, Pennsylvania Council of Churches, PCCY, the Reinvestment Fund, United Way of Southeastern Pennsylvania and Veterans Leadership Programs of Western Pennsylvania. In this regard, I don't have to ask you, I know you're going to support this Coalition by adding our voices and supporting this resolution in opposing Bill 2191. Their water must be different in Harrisburg.
I do not understand it, and had they listened to us in 2000, then we might not have had the housing market crash. We don't know where this will lead. It will not lead to any good. I certainly want to thank Irv Ackelsberg, 5/10/12 - STATED - 2ND READING who has been in this fight, was in the fight with us in the year 2000. Community Legal Service worked with us on our legislation, and the young man who spoke on behalf of this resolution. We thank you for coming out. They have been soldiers with us and we'll continue to work in this field to oppose this kind of legislation, which is devastating to the most vulnerable of our citizens. Thank you very much, Mr. President. I move for the adoption of the resolution.
Moved and properly seconded. Those in favor? (Aye.)
The 5/10/12 - STATED - 2ND READING ayes have it. Resolution 120350 is adopted. Mr. Decker, No. 120354.
A resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the South Central Urban Renewal Area, designated by house number and street address as 728 South Hicks Street.
Thank you. The Chair recognizes Councilman Johnson.
Mr. President, okay. I move for the adoption, sir. (Duly seconded.)
Thank you. Been moved and properly seconded. Those in favor? 5/10/12 - STATED - 2ND READING (Aye.)
The ayes have it. 120354 is adopted. Mr. Decker, No. 355.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Nineteenth Ward of the City of Philadelphia.
Thank you, Mr. President. I move for the adoption. (Duly seconded.)
Been 5/10/12 - STATED - 2ND READING moved and properly seconded. Those in favor? (Aye.)
The ayes have it. 120355 is adopted. Mr. Decker, 120356.
A resolution supporting the reduction of greenhouse gas pollution under the Clean Air Act and urging the Environmental Protection Agency to move swiftly to fully employ and enforce the Clean Air Act.
I thank you, Mr. President. Co-sponsored by Councilman Kenney, I move for the adoption. (Duly seconded.)
Moved and properly seconded. 5/10/12 - STATED - 2ND READING Those in favor? (Aye.)
The ayes have it. Resolution 120356 is adopted. Mr. Decker, 120358.
A resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the South Central Urban Renewal Area, designated as Parcel No. 312 and also sometimes identified by house number and street address as 1122 through 30 Hall Street.
Thank you. The Chair recognizes Councilman Squilla.
Thank you, 5/10/12 - STATED - 2ND READING Mr. President. I move for the adoption. (Duly seconded.)
Moved and properly seconded. Those in favor? (Aye.)
The ayes have it. The resolution is adopted. We will now consider bills. Mr. Decker, please read the title of 120015 -- I'm sorry; 120138. I see 15 is off the Calendar.
An ordinance authorizing the Department of Human Services, on behalf of the City, to enter into a grant agreement with the Commonwealth of Pennsylvania, Department of Public Welfare for a grant to provide funds for the Time-Limited Family Reunification initiative to the City.
5/10/12 - STATED - 2ND READING Thank you. This bill having been read on two separate occasions, shall the bill pass finally. Mr. Decker, please read the roll.
Aye. The ayes have it, 17; zero. Mr. Decker, please read the title of 120298.
An ordinance approving a Substantial Amendment to the Year 37 Consolidated Plan and application to the United States Department of Housing and Urban Development for approximately $1,260,836 in Emergency Solutions Grant funding.
This bill having been read on two different days, the question now is does the bill pass finally. Mr. Decker, please call the roll.
Aye. The ayes are 17; the nays are zero. The bill passes. Mr. Decker, please read the title of 120188.
Resolution proposing an amendment to The 5/10/12 - STATED - 2ND READING Philadelphia Home Rule Charter to allow for the establishment of an independent rate-making body for fixing and regulating water and sewer rates and charges; to prescribe open and transparent processes and procedures for fixing and regulating said rates and charges.
For the record, Resolution No. 120188 is a proposed amendment to the Home Rule Charter. It requires two-thirds vote. So will the Chief Clerk please call the roll.
Aye. The ayes are 16; the nays are one. Let the record reflect that Councilman O'Brien is a nay. The resolution passes. Mr. Decker, please read the title of 120177.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to the 5/10/12 - STATED - 2ND READING Philadelphia Home Rule Charter to allow for the establishment of an independent rate-making body for fixing and regulating water and sewer rates and charges.
Again, Resolution 120177 is a Charter amendment. It requires a two-thirds vote. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are one. Let the record reflect that Councilman O'Brien is a nay. Mr. Decker, please read the title of 120137.
An ordinance repealing an Ordinance (Bill No. 070149-A), entitled "An ordinance amending Title 4 of The Philadelphia Code by amending Subcode 'PM' (The Philadelphia Property Maintenance Code), by requiring that any advertisement or correspondence pertaining to the rental of residential property shall include the housing inspection license number for 5/10/12 - STATED - 2ND READING such property."
Aye. The ayes are 17; the nays are zero. The bill passes. Mr. Decker, any other resolutions or bills?
A resolution congratulating Autumn Adkins Graves for her contributions and services to Girard College and to the City of Philadelphia, introduced by Councilwoman Brown.
Thank you, Mr. President. I move for the adoption. (Duly seconded.)
Moved and properly seconded. Those in favor? (Aye.)
The ayes have it. The resolution is adopted. 5/10/12 - STATED - 2ND READING
And a resolution recognizing and honoring the 63 outstanding Philadelphia public school teachers, recipients of the Lindback Award for Distinguished High School Teachers for excellence and in particular the seven recipients from schools located in the 4th Council District during National Teacher Appreciation Week, introduced by Councilman Jones.
Thank you, Mr. President. I move for the adoption. (Duly seconded.)
Been moved and properly seconded. Those in favor? (Aye.)
The ayes have it. The resolution is adopted. 5/10/12 - STATED - 2ND READING
And a resolution authorizing Council's Committee on Parks, Recreation and Cultural Affairs to hold public hearings for applicants seeking nomination to serve on the Commission on Parks and Recreation, and further authorizing the Committee to recommend for Council's consideration nominations to be forwarded to the Mayor, introduced by Councilman Jones for Council President Clarke.
Thank you. The Chair recognizes Councilman Jones.
On your behalf, Mr. President, I move for the adoption. (Duly seconded.)
Moved and properly seconded. Those in favor? (Aye.)
There are no other resolutions on the Calendar, Mr. President.
Thank you so much. That completes our Calendar for today. Are there any speeches on the part of the minority? Are there -- I'm sorry. The Chair recognizes Councilman Oh.
Thank you very much, Mr. President. It's not a speech, but just an announcement that's a little late, but if there is any of my colleagues or anyone else who will be available tonight at 6:30, I've been asked to be a celebrity bartender, although I'm not a good bartender, at Katie O'Donnell's at 4501 Woodhaven Road, the Franklin Mills Mall right next to Raymour and Flanigan. The charity that I'll be raising for is the Firefighters Local 22 Widows Fund, and we'll be selling T-shirts and other things to make a contribution. So come by, have a beer, and it will be for a good cause. Thank you.
Thank you, Councilman. Any speeches on the part of the majority? The Chair recognizes Councilman Jones.
We've been to school all week. I mean, we've had hearings, marathon hearings, about education. So, therefore, at the end of the speech of the majority, there will be state officials have been feeding Philadelphians promises for years and decades about achievement and accountability, and each year they request funds. So let's do a history lesson. So let's go back to Constance Clayton, who said her theme was Save the Children. Let's examine Hornbeck, who said they would have Children Achieving. Vallas said Balanced Budgets, and more recently, Dr. Ackerman said Imagine 2014. The five promises within that 2014 vision was that students would have success, quality choices, great staff, accountable adults and a world-class operation. But here we are approaching 2012 and '13 fiscal years budget with shortfalls, failing schools, decreasing staff, continued violence in the classroom. So what happened to all of these superintendents' goals? Did we throw the babies out with the bath water change happened? What happened to the promise of return on our investment of this body that we make annually to the School Reform Commission now and the tomorrows that they promised us for our young people? As we discuss the impact of the budget shortfalls within the School District and attempt to come up with creative solutions, it is important to consider how these decisions impact public safety and well-being. So now a sociology lesson. According to the Inquirer special on school violence 2010, on average, 25 students, teachers and staff were beaten, robbed or sexually assaulted within our school properties, and yet we lay off 91 police officers, giving them pink slips in February, along with 100 nurses and another 100 people that guard the hallways. So let's do a health lesson. Let's go to class on that. They're programs, and in those summer programs, there is a feeding component for poor people that some of whom is the only nutritious meal they will get all day. I listened to last night, when Councilwoman Blackwell held her hearings, a young lady, Ms. Hunt from Local 634, school cafeteria employees and the aides, and she said that she watches young people have their one nutritious meal, hang around the counters until after the serving is done in order to take some of the scraps and leftovers and put them in their bookbag to take to their siblings at home. This is the greatest nation in the world. We should not have our young people surviving on what we do and then talk about cutting even that. So as a health lesson, we need to take a look at that. As a research and science lesson, Arne Duncan, Secretary of Education, stressed that the most do to improve education is to give young people more of it. In most industrial nations, you have ten-hour, 12-hour school days. We're not talking about increasing that; we're talking about taking away from that. We should be trying to figure out ways to expand after-school programs and give our young people even more incentive to learn, even within our budget. The SRC consists of primarily new appointees, faces that we've just become accustomed to. They have an extraordinary task dealing with the budget. The incentives are to launch new programs and do more with less, but the truth be told is that they want us to invest $94 million, $94 million to get more promises that we have no accountability for. Once again, like previous years, the accountability question has to come together. Math lesson: And we've got -we went to school this week, that we Merion it costs $26,571 to educate a young person. In Radnor, that figure is $19,000. In Lehigh where we went to look at their industrial school, $15,000. And in Philadelphia, we only spend $13,000.
The state must help us do the heavy lifting of this $94 million shortfall that we have to come up with for the $300 million shortfall that the School Board faces. And just yesterday, Governor Corbett helped us with our math. He helped us. Yes, he did. He found that he is willing to look at a cap of $500 million, that he's willing to look at a whole plethora of things, including social issues that face us, and out of that, we may receive the whopping sum of $11 million toward public education. Well, that's like me telling my daughter who came to me at the dinner table, Pop, I'm a little light with the rent, I need $300, and I put out $11 on the table and say, Good luck with that. That's a math add up. In our communications class that we took this week, you know what we learned? We learned that from the testimony of the PFT to the SRC, that they're not talking to each other, nor you, nor me. So we need to have them at the table like grownups -
-- like adults, set the example to try to see if they can get their thing together, because we do need to get this right. So the test that I talked about at the end of the day, at the end of the speech is, what are we prepared to do? What are we prepared to do? So I will leave you with this, Mr. President: This is a test we cannot fail, because at risk is our children. Thank you. (Applause.)
you, Councilman. The Chair recognizes Councilwoman Brown.
Thank you, Mr. President. It is no secret that many of us here in Council have been vigilant, consistent and persistent when it comes to advocating opportunities and particularly job opportunities for residents of Philadelphia. Today I introduced a measure where the goal and outcome is hoped to increase the bidding preference for Philadelphia-owned firms from 5 percent to 15 percent. Cases where outside companies closely outbid those based in Philadelphia, this measure will help tilt the scale to the local firm, assuring that our Philadelphia taxpayers' dollars are helping support Philadelphia companies, creating jobs and always growing the local economy. I and many others have noticed a consistent pattern during our City contracts continue to be awarded to companies outside of our city. We need to ensure that when we spend the money of Philadelphia taxpayers on goods and services, our priority should be, and I submit must be, to create more new jobs for Philadelphians. We purchase millions of dollars worth of goods and services from companies outside of Philadelphia when we have local citizens who stand ready, equipped and willing to do the work. The ideal model for generating more revenue for the City is not raising taxes. It is creating more taxpayers through local job creation. It is my hope that this measure will keep more of Philadelphia's money in Philadelphia. I would remind my colleagues that this bill was co-sponsored by my champion on this issue and all issues related to contracting here in our city, Goode, Chair of City Council Committee on Commerce and Economic Development, a long-time advocate for fairness in local contracting. I thank you, Mr. President.
Thank you, Mr. President. It has been an interesting week listening to testimony that's been referred to and hearing about taxes and schools and other things. It's been a week of people willing to take necessary reputational risk to provide this body with confidence. We received a Solicitor's opinion this week that would not state that the formulaic tax or the smoothing approach within the formulaic tax that is proposed for AVI is legal. The statement no legal impediment. 2 billion was at stake. So we have a lack of reputational risk in the City Solicitor's Office. The District was asked a specific question, and, that is, will the approval of the plan that you're asking for and the addition of $94 million per year provide better outcomes for children. They would not answer the question, risk the reputation and say yes. They give us long answers about additional public input into their process and plan, et cetera, but they would not answer the question yes and risk their reputation. Yet, everybody comes to City Council and asks us, in the face of all these uncertainties, to risk our reputation, to not be professional and to act without the full information necessary to make informed, thoughtful is a complicated issue and it's not easily -- and I'm talking about AVI now -- that is not easily dealt with in sound bites, but the only way the public will know what the tax will mean to them individually and in the aggregate is with additional information. I don't have and City Council doesn't have the resources to take television ads or radio ads or ads in newspapers to make sure the public is fully informed. But there is a lot of things that the public don't know, and I am asking the press today to please report to the public what is happening here other than the issue of a 10 percent tax increase for schools and whether or not that's a hidden tax. This is a very complicated issue. There is a formula. I've seen no analysis of that formula, although it's been expounded upon in here greatly, in the press or anywhere else. The public has no idea what's coming. no idea what's coming. I'd like to give some specific examples and then a broad example. For example, houses are 30 to 40 percent -residential properties are 30 to 40 percent of fair market value today based on information, reports in the Inquirer from a couple years ago and information and testimony and private conversations. Commercial and industrial properties are at 70 to 80 percent of fair market value today. So what does that mean? That means that a typical residential home that has $300,000 of fair market value, but a hundred thousand dollar value in the current system has a $3,000 tax bill. That tax bill with a $15,000 homestead exemption will go to $3,420. A commercial property with a million dollar fair market value that is on the books today at $700,000 and being taxed at that rate pays $21,280. Under tax, it will pay $12,000. In other words, there will be a massive shift from the commercial and industrial sector on the order of several hundred million dollars based on calculations that start with assumptions that were given to us by Mr. Dubow that the public is not aware of. Not only is there a 9 percent tax increase, there is a shift from commercial and industrial taxpayers to residential taxpayers on the order of up to a couple hundred million dollars. So taxes today being paid by the commercial/industrial sector are $484 million compared to $616 million on the residential side. That will shift -- the shift will occur such that over $800 million will come from residences. This is something the public needs to know and we should all be discussing.
But, of course, the Administration has testified they can't confirm these numbers because they don't know what the aggregate value of property City of Philadelphia. We do know this: We know that the Administration told PICA it would be three to four times the current $38 billion, which is 114 billion aggregate value up to 152 billion aggregate value. We know that the census in the Controller's Office estimates that it's about $120 billion of aggregate value. We know that when you take Mr. 25 percent after smoothing that he thinks will be -- is proper to apply to all real estate in the City, that that is about $100 billion aggregate value. Knowing what the aggregate value is really is important in terms of determining what people are going to pay. Knowing the aggregate value of each of commercial and industrial and residential is important for us to know this distribution. If commercial and industrial businesses are going to get a windfall in the face of a tax increase, we need to do means we need to drastically increase the homestead exemption that's been proposed by the Administration, which we hope will pass the State Legislature, or we need to look at a tax that we can apply that is less than the windfall to only commercial and industrial property owners, and that's a significant increase in the use and occupancy tax, which applies to the School District, which would relieve residences of having to pay any share of this whatsoever. All of these are important questions, all of which should be addressed by us, by the Administration and should be talked about with the public, and I hope, I hope that we get there, we get additional information and the public begins to understand that they are paying the lion's share of this shift to AVI, and it is up to us to protect them with full information from the Administration. you, Mr. President.
Thank you, Councilman. The Chair recognizes Councilman O'Brien.
Thank you, Mr. President. I'd like to echo some of the sentiments made by the Majority Leader in observations that I had this week on the School District. I remember when John Street was Mayor, there was a proposal that was advanced, in cooperation with the City of Philadelphia and the state, where for every dollar that the City of Philadelphia put up, we got $2 in return. Sadly, that conversation by testimony from the School Reform Commission says for every dollar that we put up in the 94 million, the state is going to take two away. I find that unconscionable and unacceptable. I also am asking significant questions that relates to the special City of Philadelphia. We created a state-of-the-art autism conversation in 2008 by investing millions of dollars. We trained 200 teachers in 100 schools, and that's all disappearing and the contract is not being renewed. So that doesn't represent a significant interest in one population that I've been known to advocate for. The other issue that is of significance to me are kids that learn differently. And it's not Philadelphia's problem, but it is our responsibility. We have kids that go to school and they're not visual learners, they're auditory learners, they have ADHD, dyslexia and language processing issues. I see nothing in this conversation that will change their opportunities. The only opportunity, the only thing they have to look forward to is being involved in the criminal justice system in the future. That's unacceptable for me, and be unacceptable for members of the City Council. The $94 million, I have a different take. I just saw that the TransPasses and the contribution by the PFT on their optical and their dental plans, that money was a one-time fix. That disappears and now we're finding $94 million to replace that. That's not creative, progressive thinking. Pedro Ramos made a statement that he's going to go off script, and he went off script just for a couple seconds, but long enough to say that what we really need is a PICA kind of approach to the School District of Philadelphia for the future of our kids. I say make that the script. I call upon the Governor and the Mayor to create such a PICA mechanism so that we can focus on academics, we can focus on fiscal responsibility, and we can focus on public safety and advance all the needs. I'm looking for a vision. I'm to address those chronic issues that year after year after year that the State Legislature and City Council sidestep. We have to make a difference, and we have to do it now.
Thank you, Councilman. The Chair recognizes Councilman Goode.
Thank you, Mr. President. All 17 members of this body sat here this week and listened to the School Reform Commission. I think we heard different things, and I think different members will create their own context for what we heard. But in terms of what the public really needs to know, my questioning was very purposeful, and there's some real truths that came out and not just opinion. The first truth that came out was the District based its budget and five-year plan on the Mayor and did not request a $94 million tax increase. That's simply the truth. What the District is asking for is very simple. They want a property assessment of real estate based on actual value. Because that has not happened for several years, the School District has lost money for several years. So it's simply asking us what we decided to do through legislation that we all co-sponsored and passed, establishing an Office of Property Assessment, which was supposed to do a full value assessment. The School District is simply asking us to do what we said we were going to do. Then the District wants to return to a 60/40 split of property tax revenue. When we had our first crisis back when the School Reform Commission was formed, there was roughly a $216 million deficit. What we did then was take the split of property tax revenue, which was 55 going to the School District 45 going to the City, and we shifted it from 55 percent to 58 percent going to the School District. Five years ago when there was another problem, I sponsored legislation, co-sponsored by many people in this Council and unanimously approved, that moved it from 58 percent to 60 percent. Over the last few years because of actions that we have taken, that percentage of dollars going to the School District has decreased back to 55 percent. So what they simply want is 60 percent of what we bring in in terms of new property assessment. The District's five-year plan which they presented says that after they receive 60 percent of newly assessed property revenue, they will not be back to us any time soon. They would not be back to us. All they want us to do is reassess property fairly and then they want 60 percent of the cut. That's something we decided to do as a body five ago, something I believe that we would be willing to do again, making public education a priority, saying that 60 percent of that revenue should go to the District. Now, if the School Reform Commission comes back to us, if we do approve this, within that five-year period, what we should do then is simply ask them to vote to disband themselves and return to local control. Thank you, Mr. President.
Thank you, Councilman. The Chair recognizes Councilman Johnson.
Thank you, Mr. President. I just want to make an announcement that on this Saturday, we're having our fourth annual Mother's Day Ball in the 2nd Councilmanic District at St. Charles Senior Center. And so for all my constituents who are listening via Channel 64, I just want to give them an opportunity to sign up and come out and participate. And to all of -- everyone who is here, have a good Mother's Day weekend with your parents and God bless.
Thank you, Councilman. The Chair recognizes Councilman Green.
Thank you, Mr. President. I want to basically agree with Councilman Goode's thesis statement that he just stated. The School District, of course, did simply base their budgeting on what the Mayor and Governor put in their budgets. And I think something that has been missing in this respect is accountability for the appointing authority of the people who represent the Mayor and Governor on the SRC. The SRC did come and say that it's not their fault that we're in this members. That is absolutely a correct statement. But it is the fault of the Mayor and Governor that they need additional revenue from the City of Philadelphia. And so I don't know what else to say about that, but this has been a week of lack of accountability of those responsible for the District, with City Council once again on the firing line and a lack of reputational risk. I also do want to state that Mr. Knudsen said clearly in response to various questions that if they were not able to do $218 million of deficit financing or if they don't get $156 million in concessions from the City's unions over the course of the five-year plan, they would in fact be back to City Council. I think this is what we should also measure. Thank you, Mr. President.
Thank you, Mr. President. As far back as I remember, there has rarely been local control of the School District. Even when the Mayor was in charge under Mayor Green, under Mayor Goode, under Mayor Rendell, there were staggered terms of Board members. Those Board members were picked by different political regimes, and those regimes were there basically just to divvy up the contracting opportunities. It wasn't until Michael Nutter as a Councilperson introduced a Charter amendment that said there should be one person accountable and that person should be the Mayor, that there was actual local control. The voters approved that in 1999. John Street came in and was the first person who was totally in charge and empowered. We were in a grave fiscal condition at that point. There was no to be helped along without a partnership with the state. But at that point, there was a partnership. At that point, there was a $216 million deficit. The City put up $45 million; the state put up $75 million. It was a true partnership. Once again, I just state for the record I don't have a problem moving to a 60/40 split. I don't have a problem with reassessing properties. What I will have a problem with, if the SRC comes back to us after that. They can actually take a vote. The Mayor's two appointees and any one of the Governor's appointees can vote to disband themselves, and then we'll move back to local accountability and local control with the Mayor in charge of appointing all the School Board members. Thank you, Mr. President.
Thank you, Councilman. No other speeches? (No response.)
I would like to say before I call for Councilwoman Brown for an adjournment, we have a 1 o'clock Committee of the Whole meeting. It is my hope that it will take all of five minutes. I will do everything that I can to hold it to five minutes, and then we have other business later on this afternoon. So with that, I would like to recognize Councilwoman Brown.
Thank you, Mr. President. I move that Council stand adjourned until Thursday, May 17th, 2012 at 10:00 a.m. (Duly seconded.)
Thank you. It's been moved and properly seconded. Those in favor? (Aye.)
The ayes have it. 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 May 10, 2012, and that this is a true and correct transcript of same. MICHELE L.