Stated Meeting December 8, 2016 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 8, 2016 11:00 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN ALLAN DOMB COUNCILMAN DEREK S. GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILWOMAN HELEN GYM COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN CHERELLE L. PARKER COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILMAN MARK SQUILLA COUNCILMAN AL TAUBENBERGER MICHAEL A. DECKER, CHIEF CLERK Stated Meeting December 8, 2016
Good morning, everyone. I do not have a gavel, so I would ask that you please adhere to the request to keep quiet. No gavel. Somebody took it? All right. Okay. Folks, could I ask you to be quiet, please. We're going to get started. Good morning, and thank everyone for being here. We're going to get started. I'd ask that the guests retire behind the rail. Members are here and taking their seats. We have established a quorum. And to give our invocation this morning, the Chair recognizes Reverend Dr. Alyn Waller, Sr., Pastor of Enon Tabernacle Baptist Church. He is here today as the guest of Councilwoman Cherelle Parker. I would ask all guests, visitors, and members to please rise. (Councilmembers and guests Stated Meeting December 8, 2016
Let's bow our heads. God, I bless you and I thank you for this day. Thank you for this form of government and thank you for all who have given of their lives to serve this city. I pray, oh God, for each Councilperson, each Councilman, Councilwoman, the President of Council, for our Mayor, for all those who serve them. I pray for their families. I pray for their children. I pray, oh God, for clear thought and conviction of spirit that as we deliberate today, oh God, justice and fairness would roll down. God, I pray for those who have taken time out from work and from other activities of the day to participate in the body politic, and I pray, God, that all voices would be heard, that ultimately in this place you would get glory and that it would be for your good. Stated Meeting December 8, 2016 pray, oh God, that as a result of decisions made today, children would be healed, families would have access to finance, and that this city would rise up and live to its name, City of Brotherly Love. So, God, we thank you. I thank you for this moment that I get to serve your people by speaking to you on their behalf. So, God, wish they have your way. And I pray, God, that if there's someone under the sound of my voice that doesn't even believe you're here, doesn't even believe you exist, manifest yourself in such a way that they have to at least give it another thought. So, God, I thank you and I love you. It's in the name that I love, the name of Jesus Christ that I pray. Amen. (Amen.)
Thank you, Pastor, for those inspiring words. Stated Meeting December 8, 2016 be at ease. (Council at ease.)
Thank you. Could we have a little quiet, please. Thank you. The next order of business is the approval of the Journal of the meeting of Thursday, December 1st, 2016, and the Chair recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, December 1st, 2016 be approved.
It's been moved and properly seconded that the Journal of the meeting of Thursday, December 1st, 2016 stand approved. All those in favor indicate by saying aye. (Aye.) Stated Meeting December 8, 2016
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence, and the Chair recognizes Councilman Henon.
Thank you, Mr. President. On behalf of the majority, a leave of absence is requested for Councilmember Reynolds Brown.
Thank you. Leave shall be granted. The Chair thanks the gentleman. And the Chair now recognizes Councilman O'Neill.
Thank you, Mr. President. On behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. Stated Meeting December 8, 2016 time, I would like to dispense with the regular order of business and I would just like to welcome and thank everyone who has come down today to witness their government in action. We hope that your stay here today is a knowledgeable one and also a pleasurable one, so much so that you come back again. So, again, thank you so much for coming down. At this time, the Chair recognizes Councilman Green, who will present a resolution recognizing Janet Parrish. Would Ms. Parrish and those accompanying her please join the Councilman at the podium. (Councilmembers and guests approached podium.)
Good morning. It is a pleasure to present this resolution to someone who has done so much for the City of Philadelphia through her years of experience, our friend, Janet Parrish. I want to thank Stated Meeting December 8, 2016 work she has done. I've learned a lot about PGW and the gas utility as well as being a public servant from Ms. Parrish. I'm also proud to be here with someone that many of us can call our mentor, Councilwoman Marian Tasco. (Applause.)
Who also has a long history with Janet Parrish. I'm sure she'll have a few words to say about Janet and her service. Whereas, Janet Parrish, valedictorian of her high school class and graduate of the University of Pennsylvania and Penn Law School, was licensed to practice law in the Commonwealth of Pennsylvania in 1976; and
And whereas, Janet began her legal career as an attorney for legal services programs in Cincinnati and Philadelphia, first representing tenants and homeowners in housing matters, then representing Stated Meeting December 8, 2016 advocacy groups in utility rate and rulemaking proceedings for the Pennsylvania Public Utility Commission and the Philadelphia Gas Commission; and Whereas, by law, the Gas Commission is responsible for oversight of the management and operation of the Philadelphia-owned Philadelphia Gas Works (PGW) by the City's contractor, the Philadelphia Facilities Management Corporation; and Whereas, in 1986, Janet became Executive Director of the Utility Emergency Services Fund for Philadelphia, responsible for the agency's financing;
During that time as a leader in various national and statewide low-income energy advocacy organizations, Janet worked closely with Philadelphia utilities to develop and evaluate a pilot payment program, which was the precursor to the well-established income-based affordable payment plans of Stated Meeting December 8, 2016 today; and Whereas, from 1990 to 1992, Janet consulted with the Philadelphia utilities, primarily the Philadelphia Electric Company, on the design, implementation and evaluation of customer assistance programs for low-income ratepayers. During that same period, she did legal research and writing for a national resource center for battered women charged with crimes, did not evade away from grant writing and proposal development for several non-profits, and served as the Issues Director for Lynn Yeakel's 1992 campaign for the United States Senate; and Whereas, Janet began working as a Hearing Examiner for the Gas Commission in 1993, on a consulting basis, before joining the full-time staff in 1995. She became responsible for adjudicating PGW rates, tariff changes and customer complaints. In 2001, she returned to consulting, doing labor arbitration and Stated Meeting December 8, 2016 in addition to her work for the Gas Commission; and
Whereas, Janet returned to the Gas Commission in 2003 to serve as its Executive Director. It's the position she will retire from on January 1st, 2017. Her responsibilities have included presiding over Gas Commission hearings, analyzing PGW's budgets, working on gas purchase contracts and other matters requiring City approval, ensuring that a thorough record exists for the benefit of the Commissioners' decision-making process, and representing the Gas Commission in its interactions with the Administration, City Council, PGW and other organizations, among many other duties, large and small; now, therefore, be it Resolved, by the Council of the City of Philadelphia, that Council does hereby recognize and honor Janet Parrish from the Philadelphia Gas Commission on Stated Meeting December 8, 2016 retirement for her decades of service to the citizens and City of Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to Janet Parrish evidencing the sincere admiration and respect of this legislative body. (Applause.)
I know we are joined by various members of the Gas Commission who are here as well as our City Controller, Alan Butkovitz. And we thank you, Janet, for all that you have done.
All right. The Chair recognizes Ms. Parrish for remarks.
Thank you. Council President, thank you so much. I'm going to take you up on this opportunity to say a few words and, first and foremost, to thank the members of Council for this great honor, Stated Meeting December 8, 2016 Chairman, Councilman Derek Green, and Commissioner Curtis Jones, Councilman Curtis Jones. And I also want to recognize that we have with us today, as you mentioned, Councilman, City Controller Alan Butkovitz, one of our Commissioners, our alternate Commissioner, John Thomas, who is a Deputy with the Controller's Office, and very pleased that they could be here with us today. I'm also joined by the Gas Commission staff. And maybe they can raise their hands for a moment here, but we've got John Coogan, Sandra Fontanez, Anna Rowe, Erin Lai, and our Senior Advisor, Carlton Williams. I appreciate that they're here, because you know, it takes a village, and this is some of my village here with me today. And as you also mentioned, stealing my thunder, I have to acknowledge our longtime former colleague and my mentor, my boss, my friend, and maybe once in a while my Stated Meeting December 8, 2016 crime, Councilwoman Marian Tasco. Thank you so much for being here today. (Applause.)
And last, but not least, of course I'm very proud to be joined by some members of my family and other friends from work and other places who are up here and in the room, and especially want to mention my mother, Doris Parrish. (Applause.)
So, you know, at a time like this, you really do find yourself thinking a little bit about the then and the now, and in my thinking about that, I had to think a little bit about some of the memories that I have of being in this room, because I spent a fair amount of time in here and sat in many places and stood in many places. I never had the opportunity to take this particular spot. But, you know, I was thinking Stated Meeting December 8, 2016 the one memory that really distinctly stands out for me is having sat some 35-plus years ago in that desk right there, your desk, Councilman Jones. And actually I think if I'm not mistaken, before you that was Councilwoman Tasco's spot.
And at the time, I was an attorney for Community Legal Services and representing low-income customers. We were there dealing with some issue pertaining to PGW rules and regulations for governing the rights and responsibilities of customers and PGW. And, you know, it really was a different time. The balance of power felt very different. It felt very much like a David and Goliath kind of situation, where we had very shoestring kind of resources. At that time, there was no public advocate contract with CLS to actually serve to represent customers in Stated Meeting December 8, 2016 Commission, and the team sitting at those desks right there, in addition to myself, there was a paralegal who worked with me by the name of Valeria Bullock, Val Bullock, some of you may know. Happens to be an African American woman. She's currently a manager at PECO of some low-income programs. And also another paralegal by the name of Tom Burke, since deceased, and he was blind. And I don't think I've ever forgotten the image of sitting there at that moment in time and thinking to myself, look at the team, we've got a white girl, a black girl, and a blind man, and we are trying to do this work. And what I can tell you is that the folks from PGW were arrayed at those desks there and, you know, they didn't look like we did, but of course that too has changed. We see a situation at PGW today where there's far more diversity in the company and in the management. And, you know, the other thing Stated Meeting December 8, 2016 changed is the Gas Commission itself, because there was a time when it was really nothing more than a rubber stamp for PGW. And I don't think anyone will accuse us of that anymore at this point. And it's not that the Commission is not supportive of PGW or does not agree with many of the proposals that it brings forward, but it's that those decisions now are made based on solid information and a process that really engages the public input. So let me just say that when I graduated law school some 40 years ago, I always -- I knew that my career would be in public service and I knew it would start by being an attorney with legal services, being an advocate for low-income people. What I didn't know was that I would find working for change and working towards the public good from inside the government to be as satisfying as it is. It's really been a privilege to Stated Meeting December 8, 2016 roles and to have an impact on people's lives, to help to shape public policy and decisions that are made, to shape how the Gas Commission approaches its responsibilities, and to do that together with some very fine people, some of whom are in the room here today. So with that, I would say thank you so much for your recognition of my work. And there's many challenges and issues I think we all know that still remain. So I wish you all strength and courage and inspiration as you carry on. Thank you very much. (Applause.)
Thank you. Before we take photo opps, the Chair would like to recognize Councilwoman Marian Tasco for a few remarks.
Thank you, Mr. President. Good morning, everyone. Stated Meeting December 8, 2016 (Good morning.)
I will be brief. I just wanted to come today to stand with my friend Janet Parrish. Not only was she an employee of the Gas Commission and there were five of us Gas Commissioners who had to rely on her reading, interpretation, and her legal analysis of what was before the Commission, and I will say that Janet was and is one individual we worked with who you could trust. She never played any games. She believed in what she was doing. And for those of you who don't know what the Gas Commission does, the Gas Commission protects you, most of you in this room who are gas users. You're homeowners, the people who use gas. We regulate the gas rules in this city and work with PGW to make sure that the prices are fair and that just the whole operation is fair and open to the citizens, as well as information that Stated Meeting December 8, 2016 honest decisions about what may come before the City about PGW. She's honest, and I could just sort of like leave everything to Janet to do. Only one time in our relationship did she disagree with me on something, but it wasn't anything that was very important. But we're pleased that Janet is going to stay around a little bit and work with us, because we need her history, we need her intelligence, and certainly she has worked very, very hard to protect the ratepayers in this city and we want that to continue as we look forward to new leadership over there. Thank you all for coming out. And I know you're here for some very important legislation, so I'll shut up. Thank you. (Applause.)
Thank you, Councilwoman. Council will be at ease. (Council at ease.) Stated Meeting December 8, 2016
Thank you very much. At this time, the Chair recognizes Councilman Green, who will present a resolution honoring Mt. Airy Learning Tree. Would Judy Weinstein and those accompanying her please join the Councilman at the podium. (Councilmembers and guests approached podium.)
And joining Councilman Green, we have Councilman Taubenberger, Councilman Domb, and Councilwoman Parker and Councilwoman Bass.
Good morning again. This is a resolution for an outstanding organization for many people not only in Northwest Philadelphia but across the City. This is our local community college, because they provide such great information and resources where you can learn anything from yoga --
Stated Meeting December 8, 2016 Councilman, can you hold on one second. Excuse me. Thank you. I'm sorry, Councilman. Please proceed.
Where you can learn anything from yoga, speak a foreign language or basket weaving, and all in the same day. So this is a resolution honoring Mt. Airy Learning Tree on the 35th Anniversary of its founding. Whereas, Barbara Bloom, the catalyst behind Mt. Airy Learning Tree and current member of its Advisory Board, had a lifelong dream of creating an affordable education program that would bring a diverse group of residents together to learn from and get to know one another; and
Whereas, in 1980, Ms. Bloom approached both East and West Mt. Airy Neighbors, explained to them the conceptual basis for the program - neighbors teaching neighbors in Stated Meeting December 8, 2016 - and requested their co-sponsorship, which they agreed to provide; and Whereas, the resulting program was named Mt. Airy Learning Tree, inspired by Gordan Parks' book The Learning Tree, which contains the phrase "Everything you need to know, you can learn under this tree"; and
Whereas, the Learning Tree was an apt metaphor for the early organizers' goals, and a fitting tribute to the talented people of Mt. Airy and the broader Northwest Philadelphia community from which Mt. Airy Learning Tree's first instructors and students were drawn; and Whereas, Mt. Airy Learning Tree's first course catalogue, distributed in February 1981, was a hand-assembled, single-sheet booklet offering 17 classes, which attracted 125 registrants; and
Whereas, Stated Meeting December 8, 2016 growth and continued success would not be possible without the tens of thousands of teachers, students, board members, staff, and others who share a passion for lifelong learning; a desire to share ideas, information and skills; and a belief in community-oriented exchange; and
Whereas, to participate in Mt. Airy Learning Tree's programs in any capacity is to meet people you might not otherwise meet, strengthen ties with your neighbors, engage in areas of common interest and passion, have fun, and ultimately better yourself and your community; now, therefore, be it
Resolved, by the Council of the City of Philadelphia, that Council does honor Mt. Airy Learning Tree on the 35th Anniversary of its founding. Resolved further, that an Stated Meeting December 8, 2016 resolution be presented to Mt. Airy Learning Tree evidencing the sincere admiration and respect of this legislative body. Introduced by Councilmembers Green, Bass, Parker, Domb, and Taubenberger and supported by all members of Council. Congratulations. (Applause.)
The Chair recognizes Ms. Weinstein for remarks.
Thank you very much to the Council for this amazing honor. We were very excited this year to celebrate 35 years of community education, and we are just really proud of our mission in bringing neighbors together. We have teachers who have a passion to share a skill, we have students who want to learn, and we have community organizations, churches, Stated Meeting December 8, 2016 businesses, synagogues that open up their homes to us, and we bring neighbors together who might not otherwise be together. So thank you very much for this resolution, and we look forward to at least another 35 years of bringing our neighbors together to learn and to teach. (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 delivers the messages from the Mayor to the Chief Clerk. Mr. Decker, please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 Stated Meeting December 8, 2016 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission on the following bills: Bill Nos. 160999, 161000, 161005, and 161008. And I am submitting herewith for the consideration of your honorable body a resolution authorizing Philadelphia Land Bank to dispose of certain properties located in the Second Councilmanic District in accordance with terms of Chapter 16-700 of The Philadelphia Code, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. Mr. Decker, will you please read any other communications you have in your possession.
Thank you. Stated Meeting December 8, 2016 The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Johnson. Bills and resolutions. You're the first one in line, sir.
Thank you. Mr. Decker, please read the title of the bill.
A non-privileged resolution authorizing the Philadelphia Land Bank to dispose of certain properties located in the Second Councilmanic District in accordance with terms of Chapter 16-700 of The Philadelphia Code.
Thank you. That resolution will be on our next reading Calendar for our next meeting. The Chair recognizes Councilman Green. Stated Meeting December 8, 2016
Thank you. I have four privileged resolutions and one bill.
An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by expanding the reward program for the provision of information regarding short dumping and revising penalties for refuse and littering violations.
That bill will be referred to the appropriate committee.
And a privileged resolution authorizing the Committee on the Disabled and Persons with Special Needs and the Committee on Education to hold joint hearings regarding the School District of Philadelphia's obligation to Stated Meeting December 8, 2016 provide special education to students with disabilities.
That resolution will be placed on today's Final Passage Calendar.
And a privileged resolution recognizing the Philadelphia Alumni Chapter on the occasion of its 106th annual Founders' Day of Kappa Alpha Psi Fraternity.
And a privileged resolution honoring and celebrating Henry H. Houston Elementary School on the occasion of its student-created album, "A Day in My Life," being placed on the first-round ballot for a Grammy Award nomination in the category of "Best Children's Album."
And a privileged resolution authorizing the Committee on Stated Meeting December 8, 2016 Commerce & Economic Development to hold hearings regarding the JumpStart initiatives throughout the City of Philadelphia.
That will be on today's Final Passage Calendar. The Chair recognizes Councilman Jones.
Thank you, Mr. Chairman. I have one resolution. Thank you for your patience.
A privileged resolution authorizing the Council Committee on Public Safety to hold hearings examining the ongoing implementation of body-worn cameras by the Philadelphia Police Department, to determine whether the Department's policy for body-worn cameras promotes transparent and accountable policing Stated Meeting December 8, 2016 practices.
That will be on today's Final Passage Calendar. The Chair recognizes Councilwoman Sanchez.
Thank you, Mr. Chair. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Parker.
Thank you, Mr. Chairman. I have two bills on your behalf.
Thank you. Mr. Decker, please read the Stated Meeting December 8, 2016 titles of the bills.
An ordinance amending Chapter 17-1600 of The Philadelphia Code, entitled "Economic Opportunity Plans," by further providing with respect to Section 17-1603, entitled "Economic Opportunity Plans: Contents," including but not limited to, changes to the criteria which require a Project or Contract Oversight Committee.
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 North Broad Street, Girard Avenue, Ridge Avenue and Cecil B. Moore Avenue.
That bill will be referred to the appropriate committee. The Chair recognizes Stated Meeting December 8, 2016 Councilwoman Gym.
Thank you very much. I have one resolution introduced with Councilman Jones and co-sponsored by Councilmembers Quinones-Sanchez, Blackwell, and Green and one bill introduced with Councilman Squilla and Green.
Please read the title of the bill, Mr. Decker. Thank you.
An ordinance amending Chapter 11-600 of The Philadelphia Code, entitled "Construction Encroachments and Projections Over, On and Under Streets," to provide additional requirements in connection with sidewalk closures.
That bill will be referred to the appropriate committee.
And a non-privileged resolution upholding the City of Philadelphia's support for and Stated Meeting December 8, 2016 protection of Muslin communities, condemning violence and hate speech targeted towards Muslims, affirming the religious pluralism of the United States, and urging Philadelphia residents to stand in solidarity with our American Muslim communities.
That resolution will be placed on the Final Passage Calendar at our next session of Council. The Chair recognizes Councilman Taubenberger.
Good morning, Mr. Chairman and colleagues. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilman O'Neill.
Thank you, Mr. Chairman. I have no bills or resolutions.
Thank Stated Meeting December 8, 2016 you. The Chair recognizes Councilman Squilla.
Thank you, Mr. Chairman. I have three bills and one more bill on behalf of Council President.
Thank you. Mr. Decker, please read the title of the bills.
An ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," to provide for additional members of Plan 16, to change contribution rates for certain employees and to make technical amendments.
And an ordinance amending Subcode "A" ("The Philadelphia Administrative Code") of Title 4 of The Philadelphia Code ("The Philadelphia Building Construction and Occupancy Stated Meeting December 8, 2016 Code"), to add a provision prohibiting the issuance of permits to a project developer, or an entity related to such developer, upon a determination that the developer filed a lawsuit intended to censor or intimidate a critic (sometimes known as a strategic lawsuit against public participation) in bad faith.
And an ordinance amending Chapter 9-900 of The Philadelphia Code, entitled "Professions," to add a new Section 9-903, entitled "Conversion Therapy," adding definitions and prohibiting the practice of conversion therapy by mental health providers on patients under 18 years of age.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of Stated Meeting December 8, 2016 certain areas of land located within an area bounded by 6th Street, South Street, Delaware Expressway, and Washington Avenue.
That bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Bass.
Thank you, Councilwoman. The Chair recognizes Councilman Oh.
Thank you very much. I offer two privileged resolutions co-sponsored by Councilmembers Domb, Bass, and Quinones-Sanchez. Thank you.
Thank you. Mr. Decker, please read the title of the resolutions.
A privileged Stated Meeting December 8, 2016 resolution Recognizing and Honoring the Chestnut Hill Historical Society on the Occasion of its 50th Anniversary.
That resolution will be on today's Final Passage Calendar.
And a privileged resolution Honoring and Congratulating Motivos Bilingual Magazine on the Occasion of its 10th Anniversary.
Thank you. That resolution will be on today's Final Passage Calendar. The Chair recognizes Councilwoman Blackwell for introductions of bills and resolutions.
Why thank you very much. Your timing is just perfect.
Thank Stated Meeting December 8, 2016 you, Councilwoman. Mr. Decker, please read the title of the bill.
An ordinance amending Section 14-516 of The Philadelphia Code, entitled "West Overlay District."
That bill will be referred to the appropriate committee. The next order of business is reports from committee. There being no reports from committees today, next we will address a special order of business. And, Councilwoman Sanchez, could I ask you to approach a second, please.
We're just switching roles a little bit here. The Chair recognizes Councilwoman Sanchez for a special order of business. Stated Meeting December 8, 2016
Thank you, Mr. Chair. Mr. Chair, Resolution No. 160953, which would confirm the appointment of Patrick Eiding as a member of the Board of the Commissioners of the Philadelphia Housing Authority, was referred to the Committee of the Whole. I move that the Committee of the Whole be discharged from further consideration of Resolution No. 160953 so that the resolution may be placed on our Calendar for action.
Thank you. It has been moved and properly seconded that Resolution No. 160953 be discharged from committee. All those in favor? (Aye.)
The ayes Stated Meeting December 8, 2016 it, and Resolution No. 160953 is discharged from committee. Resolution No. 160953 will be placed on the Final Passage Calendar for our next session of Council. The Chair again recognizes Councilwoman Sanchez.
Thank you, Mr. Chair. I move that the rules of Council be suspended to permit consideration of Resolution 160953 on today's Final Passage Calendar. (Duly seconded.)
It's been moved and seconded. The Chief Clerk will please read the title of the resolution.
Resolution No. 160953, entitled "A resolution approving the appointment of Patrick Eiding as a member of the Board of Commissioners of the Philadelphia Housing Authority."
Again, it has been moved and seconded the rules of Stated Meeting December 8, 2016 12/8/16 - STATED - 1ST READING Council be suspended to permit consideration of Resolution No. 160953 at today's session of Council. All those in favor will please say aye. (Aye.)
The ayes have it and the motion passes. This resolution will be placed on today's Final Passage Calendar. The next order of business is consideration of the Calendar. Mr. Decker, will you please read the bills on the First Reading Calendar.
Bill No. 160720, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' to add a new chapter limiting the use of a restrictive covenant or usage restriction that Stated Meeting December 8, 2016 purchaser of property from using the property as a grocery store."
Thank you. The Chair agrees. This bill will be placed on the Second Reading and Final Passage Calendar for our next session of Council. Again, I ask us to stand in recess for just a second. (Pause.)
Thank you very much. We're just shifting roles here a little bit. The Chair now recognizes Councilwoman Sanchez for a motion concerning the resolutions on the Final Passage Calendar.
Thank you, Mr. Chair. I move that the rules of Council be suspended to permit the use of a Consent Agenda to consider the following resolutions on the Final Passage Calendar: Resolution Nos. 161031, 161064, 161065, 161066, 161067, Stated Meeting December 8, 2016 161068, 161069, 161070, 161071, 161072, 161073, 161078, 161079, 161080, 161081, 161084, 161085, 161086, and 161087.
It has been moved and seconded that the rules of Council be suspended to permit the use of a Consent Agenda to consider the resolutions just read by Councilwoman Sanchez. All in favor please indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and we will consider the Resolution Consent Agenda shortly. The Chair now recognizes Stated Meeting December 8, 2016 for a motion concerning the bills on the Second Reading and Final Passage Calendar.
Thank you, Mr. Chair. I move that the rules of Council be suspended to permit the use of a Consent Agenda to consider the following bills on Second Reading and Final Passage Calendars: Nos. 160916, 160919, 160920, 160921, 160947, 160951, 160966, 160969, 160326, 160810, 160872, 161014, 160678, 160867, 160973, 161005, 161006, 160614, 160866, 160896, 160948, 160950, 160967, 160970, 161000, 161008, 161017, 161007, 161013.
It's been moved and seconded that the rules of Council be suspended to permit the use of a Consent Agenda to consider the bills just read by Councilwoman Sanchez. Stated Meeting December 8, 2016 2ND READING All in favor please indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and we will consider the Consent Agenda shortly. The Chair again recognizes Councilwoman Sanchez for the purpose of calling up bills and resolutions on the regular Second Reading and Final Passage Calendar.
Thank you, Mr. Chair. For the record, those were the ones that I just read into the record for the Second Passage.
The first list was Consent Agenda and the second list was Final Second Passage. They duplicated the script.
Okay. Stated Meeting December 8, 2016 2ND READING Pause one more time, please. (Pause.)
Okay. Once again, the Chair recognizes Councilwoman Sanchez for the purpose of calling up bills and resolutions on the regular Second Reading and Final Passage Calendar today.
Okay. Thank you, Mr. Chair. In addition to the resolutions and bills on the Consent Agenda, the following resolutions and bills are being called up for Second Reading and Final Passage, and they are: Bill 161062, 161076, 161088, 160687, 161010, 161012, 160840, 160682, and 161002. All other bills and resolutions are being held.
Thank you, Councilwoman. And I will now very happily turn the chair over to the Council President.
Stated Meeting December 8, 2016 Thank you. Thank you. Sorry for the delay. We will now move to our public comment session. Given the number and the length of the probable public comment, I will ask the members to please be as brief as possible. So before considering these bills and resolutions, the public comment will go as follows: If you are interested in testifying on a bill or resolution that is on Final Passage today, we'd ask, if you haven't already done so, to sign up at the table to my left. Your name will be called. You will go to the middle of the Council Chambers. There's a podium. There's a device on that podium. There's a light on that device. When that light turns green, it will be your time to speak. When the light turns yellow, you will have 30 seconds to conclude your remarks. When the light turns red, we'd ask that Stated Meeting December 8, 2016 you please adhere to the guideline and conclude your remarks. I want to thank you all for your adherence to the guidelines. I would also like to say under the rules established by City Council as it relates to public comment, if there is an excessive amount of individuals wanting to testify on the same subject matter, we have the authority to cut off that conversation/cut the debate on that particular bill, but we will try to be as lenient as possible, but we do have a significant long agenda today. So I would ask that you please take that into consideration when you give your comments. Thank you very much. Mr. Decker, please call the first name.
Reverend Kevin Johnson, commenting on 161076. (Witness approached podium.)
Good morning, Pastor. Please proceed. Stated Meeting December 8, 2016
Good morning, Council President. Good morning, City Council. My name is Kevin R. Johnson. I am the President and CEO of Philadelphia OIC, also known as Opportunities Industrialization Center, Incorporated. I appear before you today as a supporter of the Rebuild initiative and the non-privileged resolution introduced by Councilwoman Cherelle Parker, Resolution No. 161076, regarding diversity and inclusion. As President and CEO of Philadelphia OIC, we help more than 1,300 individuals each year by obtaining job-training skills and employment. Many of these individuals are women from our city's poorest zip codes. In a city where an estimated two-thirds of its residents read at an 8th grade level or below, we must build creative pathways to employment. Direct investment and workforce development is critical for this to happen. Stated Meeting December 8, 2016 The resolution passed by Councilwoman Cherelle Parker has ignited a needed conversation around diversifying the trades and unions in the City of Philadelphia. Philadelphia has expanded its workforce -- Philadelphia OIC has expanded its workforce in development and portfolio as it relates to green jobs and construction. Similarly, we understand that Mayor Kenney is seeking about $300 million plus for investment in our neighborhood parks, recreation centers, and libraries. This is a good idea. When we began to look at the problems that are faced in our community, we have to do more in order to move the needle. When you look at the fact that the unemployment rate -- the national unemployment rate has dropped to 4.6 percent, that sounds good until you dig beneath the numbers and you begin to look at the numbers as it relates to the African American community. In November 2016, the national Stated Meeting December 8, 2016 unemployment rate for African American men over 20 was 8.1 percent, and when you look here in Philadelphia, that number could go past well 10 percent. And so we are here today to say that we need to do something about diversifying the trades. When you look at the issues that we face in our community, there are at least about three to four reasons why African American men are unemployed. First, there's a high illiteracy rate. When you look at what Philadelphia Works has stated about the adult population and illiteracy, more needs to be done. Black men have disproportionately been incarcerated. Thirdly, African American men, they lack training. And so this initiative by Mayor Kenney is important, and we're asking City Council -- I know my time has run out. You know I'm a preacher, so I'm Stated Meeting December 8, 2016 going to cut it short. But it is important that we support this resolution and diversify the trades so we can make sure that unemployment reaches -- is reversed in our communities. Thank you so much.
Walter Marlin, commenting on 161076. (Witness approached podium.)
Good afternoon. My name is Walter Marlin and I'm President of the Finley Recreation Center Advisory Council. (Pause.)
Thank you. My name is Walter Marlin. I'm President of the Finley Recreation Center Advisory Stated Meeting December 8, 2016 Council and also a Board member of the Philadelphia Parks Alliance. I'm here to proudly support Resolution 161076, introduced by my 9th District Councilwoman, Cherelle Parker. First, I want to thank Councilwoman Parker for having the courage to put forth some very concrete recommendations on how the City and building trades union can work together with our communities to improve diversity and inclusion. I am happy that she didn't just say that we must improve diversity and inclusion. She put forth ideas. And whether you like them or not, at least she had the heart to put forward a framework that we can all consider. This is not an easy thing to do, but with true leadership from you all, it can be accomplished. The time has come, and the African American community and other minorities can no longer sit on the sidelines and watch while others benefit from doing work with Stated Meeting December 8, 2016 our taxpayer dollars and the people in our communities are unemployed. If a man has a job and can feed his family and support his family, he is less likely to get involved in criminal activity in the City of Brotherly Love and Sisterly Affection. This process can start from the ground up and provide access to union jobs. Union jobs. It must also be institutionalized by including organizations in our neighborhoods. The recruitment, training, and tracking of progress must include grassroots organizations. Please vote yes for Councilwoman Parker's Resolution 161076. I thank you. And remember that the voters will be watching as this $600 million Rebuild project unfolds. Thank you.
Ms. Chappell, I don't want to assume, but are these ladies with you?
Can you just reference their names so it will be a matter of record.
Certainly. Good afternoon. My name is Dr. Emma Chappell and I'm here to testify on Councilwoman Parker's Resolution No. 161076 regarding diversity and inclusion. And I have standing with me -- the women standing with me this morning represent the Black Women's Leadership Council. The Council was recently formed by Joanne Bell, Attorney Rhonda Hill-Wilson, and myself and has in its membership over 100 Stated Meeting December 8, 2016 black leaders and business professionals who represent hundreds of other black women in Philadelphia. I also represent the Philadelphia Community of Leaders founded by Rahim Islam, Kenneth Gamble, and Bill Miller. The women standing with me are Gabriel, Barbara Simmons -Gabriel Gracey, Barbara Simmons, Terry Matthews, Attorney Rhonda Hill-Wilson, Sonja Burris, and Mikina Harrison.
We want to thank Councilwoman Cherelle Parker for sponsoring this resolution and for her invitation to the Black Women Leadership Council to respond. We proudly support this resolution. It is excellent, well written, and captures the issue with incredible clarity. We commend her for taking a bold and courageous stand on this issue. The City of Philadelphia is embarking on a $600 million project. The Stated Meeting December 8, 2016 Rebuild initiative for rebuilding of the City assets like City parks, recreation centers, and libraries is an economic engine that will provide jobs and contracts to area businesses. Historically, these projects have been an economic boom for the building and trades and non-minority businesses, providing high-wage union jobs to predominantly white trade unionists, many who live outside the City, and a continued source of business for local firms with poor histories of doing business with African American-owned companies or hiring African Americans, white-collar trades like engineering, architecture, design, technology, infrastructure, et cetera. I'm going to cut this short. The Black Women's Council submits that there should be a pre-apprentice level training for our communities. Given the size of the investment, we recommend the inclusion of the Rebuild initiative is a high value Stated Meeting December 8, 2016 dataset under Philadelphia's open data policy, so data about the money can be easily tracked and interpreted. Also in order to reflect the Black Women's Leadership advocacy position, we recommend to rephrase minorities and women to reflect minorities and women with particular emphasis on women of color of all backgrounds. If as a community -- if the community could recover half of what we pay in taxes is this city and the state in contracts, then we would reduce the unemployment rate in our communities, and this would be considered tax equity. I'm closing. As a result, in a 28 percent poverty rate in Philadelphia, the highest of any other similarly situated city, it is untenable. Just like the NRA who holds elected leaders accountable for their agenda and score them on it, the Black Women's Leadership Council will Stated Meeting December 8, 2016 score all of the above actions by the City of Philadelphia and we will respond accordingly. In closing, we celebrate Councilwoman Parker for her advocacy of our community and all of us as black business leaders and entrepreneurs in the region. Thank you very much.
Good morning. It's very important that you have Sam Staten, Jr. on that name. Sam Staten was my dad, who loved these members of City Council, loved the City of Philadelphia and most of the building trades. I just want to say good morning to everyone. I'm here definitely to support the Resolution 161076 for the Stated Meeting December 8, 2016 following reasons: One, we had a program called the DAP program that was related to Local 332. In that program, it gave us direct contact to the building trades for young apprentices, a lot which were minorities that got into those unions. We constantly hear about the building trades and that there's no inclusion, and my question will be to Councilmembers, has there been a study or anything done in these districts to determine whether your constituents have actually taken the apprenticeship test and is sitting on the waiting list. Talking about people of color. I have a radio show that I do every Friday, and that was the challenge that I put out there. There were people of color that passed this apprenticeship test and hadn't been called. I need them to call in and I need the addresses and phone numbers. I received one phone call that one gentleman was apprentice for the Stated Meeting December 8, 2016 Sheet Metal Workers and he was on the waiting list. I set up a meeting with the Sheet Metal person. That guy now belongs to the Sheet Metals Union. So a lot of times we sit here and we could talk about what's not happening, but if we don't have factual proof, we need to stop the talking and go to the bottom and start. We talk about neighborhoods. It was already stated the real reason why we are low, no job is licensed, no high school diploma. We got to start at the bottom. When I was going to school, we had wood shop, electric shop, metal shop was in the school. That was a pre-apprentice in itself to get you prepared. What I'm asking City Council to do is to consider that coming back. That will be the end-all of the inclusion part, because now you have kids coming out of high school going right into the trades, not to the streets. Mind you, Stated Meeting December 8, 2016 when high school kids graduate, the ones that don't go to college goes right to the street. There's no after training. If we just consider this and think about it, I think we'd be able to resolve this problem. And I'm still here to support Cherelle Parker's resolution. Thank you.
Good afternoon, everybody. Good morning, President Clarke, members of Council. I'd like to follow up on what the other speaker said, except for I would like to get some proof into the record, because if we're talking about the exclusion of African Americans in the building trades, the proof is in the, as Councilwoman Parker put in this bill, in Stated Meeting December 8, 2016 the LM reports, which are known as the labor management reports, which are required of the Labor Management Act of 1959. The Labor Management Act of 1959 clearly identifies all the workings of all the unions in Philadelphia. Had it not been for Ms. Parker putting that in the record, we wouldn't have it as a reference. But if you were to pull those reports for Local 13, Local 401, Local 332, Local 545, all those locals, you would see in regards to African Americans, with the exception of 332, there are no black men or black women or Latino women in the management of those unions. So it's a fact that we're not in the unions. But I'm here today -- I do support this bill. However, we need more help from Council. This bill, the way that it's written now, it talks about a challenge test. Well, this Council in 2009 enacted the -- pushed the Mayor. Stated Meeting December 8, 2016 That was you Councilman Clarke, you Councilwoman Blackwell, you Councilman Greenlee, you Councilman Jones, you Councilman O'Neill, you Councilwoman Reynolds Brown, and you Councilwoman Quinones-Sanchez. You pushed the Mayor to enact the committee that did a comprehensive analysis of the building trades in 2009. Now, the only thing that's in this resolution that comes from that report that was a result of many hours of testimony, which included two public hearings, 19 meetings with construction project owners, minority business women owners, managers of apprentice programs, educators, and political leaders, the only thing that is in this resolution that comes from that bill is the word "challenge test." And that was in that report, because challenge tests were one of three pathways for non-union men to get into the trades. And that challenge test, the first way is apprentice Stated Meeting December 8, 2016 programs. We all know that. The second way is unionization of employees of previous non-union contractors. The third way is challenge test. That was to be given to non-union journeymen that's on the craftsman level. All this talk about MBA executive programs, that's irrelevant. That has nothing to do with this matter. The only thing that's in common is that these men and women that's in the unions, they make the same as an MBA. They make up to $150,000 a year, and they're telling us black men can't do it. I'd like to remind you all in 1970, there was one black woman that was in this Council and there were white men and white women saying, no, we can't let nobody else in. Look what 50 years did. Look at you. You're here. But the only thing that didn't change is time on this side of this rail. The only thing that didn't change is we're in stand still. We're stuck in time. We're the only ones Stated Meeting December 8, 2016 that's in those union or in 332. I have nothing but respect for 332. I have nothing but respect for Mr. Sam Staten, Sr., who passed, because he was one of -he represents 5 percent. The building trades consist of 17 members -- 17 executives. So we need to have that leadership here. We need to be talking to John Dougherty, because John Dougherty is a business man, and this is a transactional matter. This is negotiation. We need you, Council President, you Councilmembers to negotiate for people that look like me and you. Thank you for allowing me to speak. Thank you, Councilwoman Blackwell.
Good morning, Stated Meeting December 8, 2016 Council. My name is Shawn James.
I'm Pastor of Grace Christian Fellowship United Church of Christ, congregation in Southwest Philadelphia. Standing with me is Dr. Mark Tyler, the Pastor of the historic Mother Bethel Church here in Philadelphia. We are standing on behalf of POWER, the inter-faith ministry here in Philadelphia with over 40-plus congregations and 40,000 congregants. We stand in support of the bill that has been so enthusiastically spoken on already this afternoon. Driving down here this morning, I saw more than six high-rise cranes at work in Center City Philadelphia. University of Pennsylvania is expanding. Temple is expanding. HUP is expanding. CHOP is expanding. There is expansion and work being done in the City of Stated Meeting December 8, 2016 Philadelphia, but if you drive through many of our neighborhoods, you would have no idea that in these small islands of abundance, we live in a sea of poverty. We live in a city where many families go to sleep every night wondering how they are going to continue to support themselves, and as an organization, POWER has given ourselves a mandate to do something about this in two areas that are spoken of in Sister Parker's bill. One is in education and the other is in economic opportunities. Education links directly with opportunity in order to give someone the possibility of moving out of poverty. If we no longer want to be known as the poorest big city in America, we must give our families the opportunities to move out of poverty, particularly black and brown families. And so on behalf of all of our congregations and all of the pastors of POWER, on behalf of Pastor Jolley, who is Stated Meeting December 8, 2016 here with Second Macedonia, we stand absolutely in support of this resolution, but we would like to go even further, because the resolution is not legislatively binding. We believe that there needs to be a strong move from this body to ensure that the trade unions of this city are including the people who represent almost 45 percent of the population of the City of Philadelphia. There are a large number of us who are tired of being silent about this issue and watching as our sons and daughters finish high school or don't finish high school and are trying to raise a family and trying to make a way for themselves and find that they are a burden on every level as they're trying to do so. We support this resolution, but please understand in this Council, if you will make stronger steps to move in the direction that this resolution takes us, we stand behind you 100 percent. Stated Meeting December 8, 2016 God bless your work. Thank you.
Mikina Harrison, commenting on 160682. (Witness approached podium.)
Good afternoon. Hello. My name is Mikina Harrison and I'm owner of A Bob's Towing. I'm speaking today on illegal towing. Today the climate is such that I'm almost embarrassed to even say I own a towing company, because we're represented in such a bad way in the City of Philadelphia, but towing is actually a very great service and we are heroes to most people. So part of this resolution was rescinded back in 2012 because it just simply didn't work. The police were able to come out and ticket cars, but most Stated Meeting December 8, 2016 times they did not come out, so people couldn't still park in their parking spots that they had a right to park in, so it didn't work. Right now they're bringing it back. And we're all here today. I'm proud to see a lot of my fellow professional towers being represented here today. I have actually a short skit. It's one minute and 22 seconds, and I think I still have time. And what it is, it's an example of the several calls we receive daily of people that actually need our services. (Recording played.)
So if you can hear that, what that is is a woman that has an apartment building and her spot is taken up by someone she doesn't know. She came home and she can't park. So they did have the car ticketed in this particular instance. We came out, and she was able to park safely in her assigned spot and we saved the day. Stated Meeting December 8, 2016
Lew Blum, commenting on 160682. (Witness approached podium.)
Good afternoon, Council President Clarke, members of the Council, and visitors. For those who do not know who I am, I am Lewis Blum of Lew Blum Towing. As you know, there has been hearings on the complaints plaguing the Stated Meeting December 8, 2016 towing industry, specifically private parking lots and driveway enforcement. I humbly come before you to offer an apology on behalf of the Philadelphia parking lots and driveway enforcement. We are deeply sorry for the turmoil and inconvenience the Philadelphia citizens have experienced. I have met with each towing company owner to address these complaints. To summarize these complaints, the industry has been accused of not taking photographs of alleged violations, not having the credit card option available to pay for the violation, and posting signs without the property owner's permission. I have met with the private parking lots and driveway enforcement owners, and we have come up with a plan to address these issues. To start, if a vehicle was towed and a picture of the violation is not shown as requested, the vehicle will Stated Meeting December 8, 2016 be returned to the owner at no charge. If a Councilman or Councilwoman receives a call from their constituents that says the towing company would not take their credit card, they will get a full refund. It was agreed that no towing company sign will be placed on a property without a signed agreement from the owner or management company. If a towing company puts a sign on a property without permission and tows the vehicle, then the towing company will be charged with theft and charged with posting a sign without permission. Let's be honest here. The towing industry is a thankless job. There is a stigma of being a tow truck operator in any city. The Philadelphia citizens we tow of course are not happy with what we do. However, we provide a valuable service to the City of Philadelphia. We move vehicles that are parked illegally. These vehicles are Stated Meeting December 8, 2016 blocking other citizens and business owners from going to work or parking in their customer designed area. There are numerous complaints centering in on us. It's easy to hate us, and I understand that. In an effort to become transparent, the private parking lots and driveway enforcement owners have agreed to face each complaint in small business court. We will pay the filing fee. We want to make sure each citizen has their day in court. After each case is resolved, we will inform the City Council of those results. Once again, we apologize to the citizens of Philadelphia for the massive difficulties they may have experienced with the private parking lots and driveway enforcement industry. We are confident this action plan that was outlined will have a positive outcome for the citizens of Philadelphia and the private parking lots and driveway enforcement industry. Stated Meeting December 8, 2016 We request a six-month stay on this Council vote to allow this plan to work. After six months, the City should evaluate the data, hold a hearing. Thank you for your time and consideration.
George Harris, commenting on 160682. (Witness approached podium.)
Good evening, Council. My name is George Harris. I'm a tower in the City of Philadelphia. This bill that is trying to propose will damage the small business owners and the honest business owners within the City that go out and provide a service on a daily, daily basis. We propose if the City -- we all know something needs to be done about the situation, but we need some more enforcement when you see a company that's Stated Meeting December 8, 2016 not following rules of the City of Philadelphia to be penalized or restricted in some type of way. We don't think that the whole -- the total towing company at large should be ostracized or this bill will essentially make us lose the business totally. That's all I have to say. Thank you.
Anthony Kitt, commenting on 160682. (Witness approached podium.)
Owner of Mr. Kitt's Towing and Recovery. I'm here on behalf of the bill pretty much just to say that anything worth having is worth fighting for. At the same time, I believe that we weren't given an opportunity to step in and at least be -- to assist with the problem. We all know that there is Stated Meeting December 8, 2016 plenty thousands of tow truck companies out there. However, we can't be held accountable for the bad apples. I am a five star rated tow truck company in Philadelphia. I also believe in being responsible and being accountable for anyone that I hire or have on my staff. Pretty much, like I said, I'm just here to extend the opportunity to assist hence forward with anything -- to pretty much make this go in the right direction. As I've heard prior to, there are plenty of companies out here that go out and they pretty much have bad habits, but we all as the small business shouldn't be held accountable for the actions of another. However, I am here and I can speak for a lot of the guys that were here earlier that we are willing to be a part of the resolution. So if the opportunity is granted, I am one that will be willing to be a part of that. Stated Meeting December 8, 2016 Thank you.
Mwanna Swans, commenting on 160682. (Witness approached podium.)
Good morning, Council. Thank you for allowing me the opportunity to come and speak. My name is Mwanna Swans. I'm the owner of Superior Automotive of Philadelphia. I've currently been in business 15 years and do not have any complaints against us. My concern is, one, legal parking. If it was to be ticketed, it's a process. Ticket before prior to did not work. We know that, and they stopped it. Unfortunately there are some bad apples in the bunch, and instead of adjusting it to just the people who are doing the violations, you're addressing it as a whole. That kind of puts a small business man like myself or several others that may have come before you in a bad situation. The decision whether Stated Meeting December 8, 2016 you're going to pay the $14,000 insurance bill we have or whether we can pay your kids' tuition, it goes hand in hand. As a small black minority business owner, that's a hard decision to make. You want a great education for your children, but at the same token, you want to run your business the way it's supposed to be ran and be legal and be insured on the streets. Hopefully we can come to some kind of understanding and we can work with you guys to revamp the wording and so forth with the new bill that it would allow us. You know, I am willing to participate at any given time to be a part of that. Thank you.