Stated Meeting April 6, 2017 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 6, 2017 10:55 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 COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA COUNCILMAN AL TAUBENBERGER MICHAEL A. DECKER, CHIEF CLERK Stated Meeting April 6, 2017
We're going to start now. I'd ask all the guests and visitors to please retire behind the rail, and as soon as the members take their seats, we'll get started. To give our invocation this morning, the Chair recognizes Reverend William Shaw of White Rock Baptist Church of Philadelphia. He is here today -somebody giving shout-outs? (Applause.)
He is here today as the guest of Councilwoman Blackwell. I would ask all members, guests, and visitors to please rise. (Councilmembers and guests rise.)
Council Chairperson, Councilmembers, White Rock, Stated Meeting April 6, 2017 guests, let us pray. From the founding documents of our country we hear, we hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights. To secure these rights, government is instituted among men. Our city identifies herself by name as a people, place of brotherly love. The noted late black theologian Howard Thurman said challengingly that love is the willing of the well-being of the other and that hate is the willing of the none being of the other. Oh, Gracious God, under the umbrella of these ideals, we pray the presence of your spirit and power within and upon the governing people and places of this country and city and, at this moment especially, upon the people and places of this legislative Chamber, to the end that the moral claims of the country's and the City's very being and Stated Meeting April 6, 2017 imperatives of the faiths that are represented here will be boldly and consistently affirmed and never ignored or contradicted; that the brighter nature of our better beings and the impact of the individual and collective actions of this body show forth light and not darkness and cause well-being to all and never none being to any. We pray all this in the name of Jesus. Amen. (Amen.)
Thank you so much, Pastor. 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, March 30th, 2017, and the Chair recognizes Councilman Greenlee.
Thank Stated Meeting April 6, 2017 you, Mr. President. I move that the Journal of Thursday, March 30th, 2017 be approved. (Duly seconded.)
Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, March 30th, 2017 stand approved. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leaves of absence, and the Chair recognizes Councilman Henon.
Thank you, Mr. President. On behalf of the majority, there are no requests of leave Stated Meeting April 6, 2017
The Chair thanks the gentleman. 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. At this time, I would like to welcome everyone who has taken time out of their busy day to come down to witness their government in action. We really appreciate you coming down. We hope your stay here today is a pleasurable one and a knowledgeable one, so much so that you come back again. So, again, thank you so much for being here today. At this time, the Chair recognizes Councilwoman Blackwell, who will present a resolution honoring Reverend J. Shaw -- actually, we're Stated Meeting April 6, 2017 Shaw Way to the street signs on the 100 and 200 blocks of South 53rd Street. Would Reverend Shaw and those accompanying him please join the Councilwoman at the podium. (Councilmembers and guests approached podium.)
And joining the Councilwoman, we have Councilman Oh, Councilwoman Gym, Councilman Jones, Councilwoman Reynolds Brown, and Councilman Green.
Mr. President and members of Council, I have one question to ask. Is White Rock in the house? (Applause.)
Stand so they can see who you are. (White Rock guests standing.)
Say to my colleagues, that whole section behind us is all White Rock. Stated Meeting April 6, 2017 say that I had something to do with this, but let me tell you that before Lucien Blackwell was Thomas W. Blackwell, and his father was the one who helped forge the relationship between White Rock and the Blackwell family. So I am truly honored that all of you are here. And let me say, Reverend and Mrs. James S. Allen, Vine Memorial, raise your hand so they know. (Applause.)
Everybody knows them as well. So I am sure on this past weekend in Coatesville was funeralized the last Blackwell of that generation, Jean Foster, and your pastor, as all of you know, was there. No matter what happens, we are always together. And I know all nine of them and the two who died early are up there looking down saying thank you and being honored that we are all here together. God bless you Stated Meeting April 6, 2017 you, White Rock, and thank you to the Shaw family. Thank you. (Applause.)
Resolution adding Reverend William J. Shaw Way to the street signs on the 100 and 200 blocks of South 53rd Street between Chestnut and Walnut Streets in recognition of Reverend Shaw's 60 remarkable years of ministry and service to the West Philadelphia Community.
That's three blocks outside my district, but maker of presidents, governors, mayors, councilpeople, and state reps. Whereas, William J. Shaw was born in Marshall, Texas as the youngest of six children. At a young age, he dedicated his life to serving God. He was baptized at the age of seven, served as supply pastor to his home church at the age of fifteen and was ordained as Pastor of Oak Hill Baptist Church by seventeen; and Stated Meeting April 6, 2017
Whereas, Reverend Shaw considers his work as a Pastor his highest calling. In 1956 he was called to serve as Pastor of the White Rock Baptist Church in Philadelphia, a position he still maintains after 60 years; and
Whereas, on September 9th, 1999, Dr. Shaw was elected the sixteenth President of The National Baptist Convention USA, Incorporated. Dr. Shaw was reelected to the Convention presidency in September 2004. Dr. Shaw completed his second term as President of the Convention in 2009; and
Whereas, Reverend Shaw has been recognized nationally and internationally for his service. In 2009 our President, President Barack H. Obama, appointed Dr. Shaw to the President's Advisory Council on Faith-Based and Neighborhood Partnerships and in 2010 appointed him as Stated Meeting April 6, 2017 United States Commission on International Religious Freedom. Dr. Shaw was reappointed by President Barack Obama in 2013 to serve a second term as a Commissioner on the USCIRF Committee; and
Whereas, in addition to his work as Pastor, Reverend Shaw has been recognized as a leader in other areas. He serves as the Chairman of the Trustee Board of the Hospital of the University of Pennsylvania and is a member ex officio on the Board of Penn Medicine. He served on the Board of Directors of Junior Achievement of Delaware Valley, Incorporated. He has membership in the Philadelphia Rotary; Martin Luther King, Jr. Fellows in Black Church Studies; Community Legal Services in Philadelphia; and the Airport Advisory Board. He has also served as Executive Director of the Opportunities Industrialization Center; and
Whereas, Stated Meeting April 6, 2017 to Camellia L. Shaw. They are the parents to one son, Timothy, grandparents to two daughters, Lillian and Brittany, and great-grandparents to two great-granddaughters, Zanaira and Nyela; and
Whereas, above all else, Reverend Shaw is a man of God that seeks to serve God daily. Despite his many achievements, Reverend Shaw has consistently maintained that his highest and most sacred calling has been as Pastor to the people of God.
Now, therefore, be it resolved, that the Philadelphia City Council hereby adds Reverend William J. Shaw Way to the street sign on the 100 and 200 blocks of South 53rd Street between Chestnut and Walnut Streets in recognition of Reverend Shaw's 60 remarkable years of ministry and service to the West Philadelphia Community.
And I want Stated Meeting April 6, 2017 an honor to have the opportunity to participate in honoring Reverend Shaw, who I had the opportunity to learn about his leadership in the faith-based community and organizing here in the City of Philadelphia under my mentor, the former State Senator Hardy Williams, and also my Pastor, James A. Lovett from Tasker Street Baptist Church. Further resolved, that an engrossed copy of this resolution be presented to the Reverend William J. Shaw and his family as a sincere expression of the Philadelphia City Council's gratitude and recognition. And say congratulations. (Standing ovation.)
And at this time, the Chair recognizes Reverend Shaw for remarks.
Thank you very much, Mr. Chairman and to all the Councilmembers and to the members of the church and others who may be present. I Stated Meeting April 6, 2017 this action of the Council. I said to the White Rock Church when they told me of this that I am comfortable with my name on the street sign, because on that same corner there is a name and a symbol above the church and, therefore, above us all. On the tower of the church there's the name White Rock Baptist, but above the tower is a cross. So that my name is beneath that church name and beneath the church -- above the church name is the symbol of our faith. And so in that spirit, I say thank you, and thank you very much to Councilwoman Blackwell. The Blackwell family has been a vital part of the White Rock Church throughout my years there. The tower name and the tower cross were presented to the church by the son, a member of the Blackwell family, Charles Blackwell. So that whenever we look, we see a reminder of our heritage. Stated Meeting April 6, 2017 that heritage. God's blessings be upon you. God's blessings be upon this Chamber, that your work will be a work that brings good to all people, bad to none, unless they're evil. And may you find joy and fulfillment in all that you do. Blessings on you. Thank you so very much. I'm grateful that my family is with me. (Applause.)
Council will be at ease. (Council at ease.) (Applause.)
Mr. President, I forgot to mention they even have a room in the church named after Lu's father.
Oh, wow. All right. Thank you. Can I have a little quiet, please. Thank you. The next order of business is Stated Meeting April 6, 2017 communications, and the Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. And before the Chief Clerk reads those messages, I would like to recognize Councilwoman Quinones-Sanchez.
Thank you, Mr. President. I would like to be recorded as voting aye for all bills and resolutions. I have to join the Mayor in my district for some special announcements. I've also asked Councilman Green to introduce my legislative initiatives this week. Thank you.
Thank you, Councilwoman. Leave shall be granted. Thank you. The Chair recognizes Councilman Jones.
Well, I wanted to recognize Mr. and Mrs. Bain from White Rock who was here, but when Stated Meeting April 6, 2017 happened, I guess they left. So they could watch it on the replay on Comcast. All right? They were here with White Rock, and they live in my district.
Sorry for my delay in recognizing you, Councilman. Okay. Mr. Decker, please read those messages.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on April 4, 2017, I signed the following bills which were passed by Council at its session on March 30, 2017: Bill Nos. 170164, 170165, 170166, and 170167. And I am transmitting herewith for the consideration of your honorable body an ordinance authorizing transfers in appropriations for Fiscal Year 2017 from the General Fund and the Grants Revenue Fund, certain or all City offices, departments, boards and Stated Meeting April 6, 2017 Fund, the Water Fund, and the Community Development Fund, certain or all City offices, departments, boards and commissions; and An ordinance authorizing the City Treasurer, on behalf of the City, to enter into a professional services agreement with Citizens Bank of Pennsylvania for provision of payroll banking services to the City; and An ordinance authorizing the City Treasurer, on behalf of the City, to enter into an amendment agreement with Wells Fargo Bank for provision of payroll banking services to the City, all under certain terms and conditions.
Thank you, sir. Do you have any additional communications?
Thank you, Mr. Decker. The next order of business is Stated Meeting April 6, 2017 the introduction of bills and resolutions, and the Chair recognizes Councilwoman Reynolds Brown.
Good morning, Mr. President. I offer one resolution co-sponsored by Councilmembers Green, Jones, Henon, Greenlee, Squilla, Parker, Blackwell, Domb, and Taubenberger. Thank you, Mr. President.
A privileged resolution Congratulating and Honoring Chief Linda Long and Chief Crystal Yates on Their Historical Promotion within the Philadelphia Fire Department.
This week's Final Passage Calendar. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. Today I offer two bills and one non-privileged resolution, and I wish to be recognized after the Stated Meeting April 6, 2017 title of the resolution is read for a motion.
An ordinance authorizing the City Treasurer, on behalf of the City, to enter into an amendment agreement with Wells Fargo Bank for provision of payroll banking services to the City.
And an ordinance authorizing the City Treasurer, on behalf of the City, to enter into a professional services agreement with Citizens Bank of Pennsylvania for provision of payroll banking services to the City.
And a non-privileged resolution adopting the report issued by City Council's Joint Committee on Education and Housing, Stated Meeting April 6, 2017 Neighborhood Development and the Homeless approving a Scheduled School Closing Meals Pilot Program that will feed school children in the Third Councilmanic District Recreation Centers during the spring break, April 10 through 13, 2017, and expand city-wide in the Fall of 2017.
Thank you, Mr. President. The two resolutions were co-sponsored by Councilwoman Bass and agreed to by the members of Council, and I ask that -- I move to suspend the rules of Council so as to permit consideration of these resolutions on today's Final Passage Calendar. (Duly seconded.)
Thank you. It's been moved and properly seconded. All those in favor say aye. (Aye.)
Stated Meeting April 6, 2017 Those opposed? (No response.)
The ayes have it, and that resolution will be heard on today's Final Passage Calendar.
Thank you, Mr. President. On your behalf, I offer one bill and one resolution.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Lehigh Avenue, 20th Street, Sedgley Avenue, and 22nd Street.
And a non-privileged resolution authorizing the Stated Meeting April 6, 2017 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-Seventh Ward of the City of Philadelphia.
And that will be on next week's Final Passage Calendar. The Chair recognizes Councilman Henon.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilman Jones.
Mr. President, I have two privileged, one non-privileged resolution on your behalf Stated Meeting April 6, 2017 co-sponsored by all members of Council.
A privileged resolution recognizing, honoring, and congratulating Dawn Staley, coach of the University of South Carolina Gamecocks for winning the 2017 NCAA Women's Basketball Championship.
And that will be on today's Final Passage Calendar.
And a privileged resolution recognizing and honoring Gina Snyder on 14 years as Executive Director of East Falls Development Corporation.
And that will be on today's Final Passage Calendar.
And a non-privileged resolution also naming the 3400 block of Vine Street as "Crystal Bird Fauset Way" in honor of former State Representative Crystal Bird Fauset. Stated Meeting April 6, 2017
And that will be on next week's Final Passage Calendar. The Chair recognizes Councilman Johnson.
Council President, I have one privileged resolution and this is primary co-sponsored by my colleague from the Northwest, Councilwoman Cindy Bass.
A privileged resolution honoring and commemorating the legacy of William T. Coleman, Jr. Esquire, former U.S. Transportation Secretary, pioneering figure in the movement for racial equality in the United States, and native of Philadelphia, who passed away at 96 years old on March 31, 2017.
From Stated Meeting April 6, 2017 Germantown too. Excuse me.
From Germantown. And the Chair recognizes Councilman Green.
Thank you, Council President. On behalf of Councilwoman Sanchez, I'm introducing four non-privileged resolutions, one privileged resolution, and two bills. And on my behalf, I have one bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2017 from the General Fund, certain or all City offices, departments, boards and commissions, the Grants Revenue Fund, certain or all City offices, departments, boards and commissions, and the General Fund, certain or all City offices, departments, boards and commissions.
Stated Meeting April 6, 2017 Referred to 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 Roosevelt Boulevard, Adams Avenue, Arrott Street, Oxford Avenue and Oxford Circle.
And a privileged resolution Recognizing, Honoring, and Celebrating the Frankford Chargers Sports and Mentoring Association on their 50th anniversary of dedicated service to the Frankford Community.
And a non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying Stated Meeting April 6, 2017 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.
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 Seventh Ward of the City of Philadelphia.
And a non-privilege resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Stated Meeting April 6, 2017 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 Ward of the City of Philadelphia.
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 Seventh Ward of the City of Philadelphia.
And an ordinance amending Chapter 9-1100 of The Stated Meeting April 6, 2017 Philadelphia Code, entitled "Fair Practices Ordinance: Protections Against Unlawful Discrimination," by adding a provision authorizing the Commission on Human Relations to order a respondent to cease operations as a remedial measure.
Referred to committee. The Chair recognizes Councilwoman Parker.
Thank you, Mr. President. I have one bill co-sponsored by Councilwoman Sanchez and Councilwoman Reynolds Brown.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," and Title 18 of The Philadelphia Code, entitled "Commerce," to provide for the preparation and distribution of Project Information Forms with respect to certain development projects; to revise the Stated Meeting April 6, 2017 requirements for neighborhood notice and meetings; and to make related changes.
Referred to committee. And the Chair recognizes Councilman Domb.
Good morning, Council President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilwoman Gym.
Good morning, Council President. No bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Taubenberger.
Good morning, Council President. I have no bills or resolutions today.
Stated Meeting April 6, 2017 Thank you, Councilman. The Chair recognizes Councilman O'Neill.
Thank you, Mr. President. I offer one resolution on behalf of myself and all members of Council co-sponsored by Councilman Domb.
A privileged resolution in solemn recognition during the week of April 23 to 30, 2017 as the Annual Remembrance of the Six Million Jewish Martyrs, Who Perished During The Holocaust.
And that will be on this week's Final Passage Calendar. The Chair recognizes Councilman Squilla.
Thank you, Councilman. Stated Meeting April 6, 2017
An ordinance amending Section 12-1131 of The Philadelphia Code, entitled "Electric Vehicle Parking," to provide for a time limit on the moratorium on new electric vehicle parking spaces.
And that bill will be referred to committee. The Chair recognizes Councilwoman Bass.
Thank you, Mr. President. I offer no bills or resolutions.
Thank you, Councilwoman. The Chair recognizes Councilman Oh.
Thank you very much. I offer three privileged resolutions co-sponsored by Councilmembers Bass, Taubenberger, and Domb. Thank you.
Thank you, Councilman. Stated Meeting April 6, 2017
A privileged resolution declaring May 2017 to be Hepatitis Awareness Month in Philadelphia to recognize and support the joint efforts of "Hep B United Philadelphia" and "Hepatitis C Allies of Philadelphia."
And a privileged resolution Commemorating The 100th Anniversary Of The United States Entry Into World War I on April 6, 2017, And Honoring The Sacrifices of Philadelphia's Soldiers, Sailors, Airmen, and Civilians.
And a privileged resolution recognizing April 30th as Vietnamese Heritage and Freedom Flag Day as a Symbol of the Contributions of the Vietnamese-American Community in the City of Philadelphia.
Also on this week's Final Passage Calendar. Stated Meeting April 6, 2017 of bills and resolutions, and we will now move to our reports from committee. The Chair recognizes Councilman Greenlee for a report from the Committee on Rules.
Thank you, Mr. President. The Committee on Rules reports 12 bills with a favorable recommendation.
Thank you. Mr. Decker, please read that report.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 160718, entitled "An ordinance amending Section 14-502 of The Philadelphia Code, entitled '/CTR, Center City Overlay District,' by adding a new area entitled 'Society Hill Area,' adding additional standards concerning green roofs, and making Stated Meeting April 6, 2017 changes"; and Bill No. 161003, entitled "An ordinance to amend Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by revising and clarifying certain provisions and making technical changes"; and Bill No. 161004, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by State Road, Pennypack Path, the Delaware River, and Bleigh Street (extended)"; and Bill No. 161112, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 6th Street, South Street, the Delaware Expressway, and Washington Avenue"; and Bill No. 170005, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning Stated Meeting April 6, 2017 of land located within an area bounded by North Broad Street, Girard Avenue, Ridge Avenue and Cecil B Moore Avenue"; and Bill No. 170006, entitled "An ordinance amending Chapter 14-500 of The Philadelphia Code, entitled 'Overlay Zoning Districts,' by amending Section 14-504 entitled '/NCO, Neighborhood Conservation Overlay District,' by further regulating the placement of parking garages in the Ridge Park Roxborough/NCO"; and Bill No. 170007, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Shurs Lane, Walnut Lane, Henry Avenue, Lincoln Drive, Ridge Avenue, and Main Street"; and Bill No. 170008, entitled "An ordinance amending Chapter 14-500 of The Philadelphia Code, entitled 'Overlay Stated Meeting April 6, 2017 Districts,' by amending the subsection entitled '/NCA, Ridge Avenue Neighborhood Commercial Area Overlay,' and making related changes"; and Bill No. 170019, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Clearfield Street, Kensington Avenue, Frankford Creek and Aramingo Avenue"; and Bill No. 170021, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Wayne Avenue, Berkley Street, Morris Street, and West Logan Street (extended)"; and Bill No. 170107, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Dauphin Street, 31st Street, Susquehanna Avenue, Stated Meeting April 6, 2017 Avenue, and 32nd Street"; and Bill No. 170140, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Girard Avenue, 9th Street, Brown Street, 8th Street, Spring Garden Street, and Broad Street," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
The Chair again recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of the 12 bills that were just read into the record by Mr. Decker.
Can I get a second? (Duly seconded.) Stated Meeting April 6, 2017
Thank you. It's been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 160718, 161003, 161004, 161112, 170005, 170006, 170007, 170008, 170019, 170021, 170107, 170140. All those in favor say aye. (Aye.)
The ayes have it, and these bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilwoman Bass for a report from the Committee of Parks, Recreation and Cultural Affairs.
Thank you, Mr. President. The Committee on Parks, Recreation and Cultural Affairs reports three bills with a favorable Stated Meeting April 6, 2017
The Committee on Parks, Recreation and Cultural Affairs, to which was referred Bill No. 161060, entitled "An ordinance authorizing the Commissioner of Public Property to accept title to all or a portion of the parcels that constitute the Waverly Street Community Garden, located in the area bounded by 12th Street, Waverly Street, South Quince Street, and Pine Street; and amending Chapter 15-200 of The Philadelphia Code, entitled 'Fairmount Park System,' to include the Waverly Street Community Garden among the areas designated as part of the Fairmount Park System"; and Bill No. 170263, entitled "An ordinance authorizing the Commissioner of Public Property to acquire from the Stated Meeting April 6, 2017 Development certain land along the Schuylkill River in the vicinity of 49th Street and Botanic Avenue, and making the property part of Schuylkill River Park"; and Bill No. 170291, entitled "An ordinance authorizing a Concession Agreement for the Mobile Food and Beverage Garden Program in the Philadelphia Parks & Recreation System between the City of Philadelphia and 13RIVER15 (doing business as Morgan's Pier)," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 161060, 170263, and 170291. Stated Meeting April 6, 2017 (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 161060, 170263, and 170291. All those in favor say aye. (Aye.)
The ayes have it, and these bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilwoman Blackwell for a report from the joint Committee on Education and Housing, Neighborhood Development and the Homeless.
Thank you, Mr. President. The joint Committee on Education and Housing, Neighborhood Stated Meeting April 6, 2017 issues a report pursuant to Resolution No. 160077.
Thank you. Mr. Decker, please read that report.
The joint Committees on Education and Housing, Neighborhood Development and the Homeless, to which was referred Resolution No. 160077, entitled "Resolution authorizing the joint City Council Committees on Education and Housing, Neighborhood Development and the Homeless to hold public hearings to examine the feasibility of having a pilot program in Philadelphia to feed needy children when schools are closed due to emergencies," respectfully reports that the Committee held the hearing as authorized by Resolution No. 160077 on March 14, 2016 and that the Committee issues to the Council the attached report on the matters discussed at the hearings. Stated Meeting April 6, 2017 2ND READING
Thank you very much, Mr. Decker. That concludes our committee reports, and we will now move to consideration of the Calendar. I note that the bills just reported from committee with a suspension of the rules have been deemed to have had a first reading. These bills will be placed on our Second Reading and Final Passage Calendar at our next session of Council. As there are no additional bills on the First Reading Calendar, the Chair recognizes Councilman Henon for the purpose of calling up bills and resolutions on our Second Reading and Final Passage Calendar today.
Thank you, Mr. President. The following resolutions and bills are being called up for Second Reading and Final Passage Calendars today: Bill Nos. 170312, 170313, 170317, 170318, 170319; 170320, 170018-A, Stated Meeting April 6, 2017 170093-A, 170091-A, and 170193. All other resolutions and bills are being held.
Thank you, Councilman. Before considering these bills and resolutions on our Final Passage Calendar today, we will have our public comment session. The public comment session will go as follows: If you are interested in testifying on a bill or resolution that is on the Final Passage Calendar today, if you have not already done so, you may sign at the table to my left. When your name is called, you will go to the middle of the Council Chambers where there is a podium. There's a device on that podium. When the 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 you please Stated Meeting April 6, 2017 adhere to our guidelines and conclude your remarks. You will be given three minutes to testify. Mr. Decker -- thank you very much for your cooperation. Mr. Decker, please call the name of the first witness.
I'm sorry. Hold on one second. I'm sorry, Councilman. The Chair recognizes Councilman Henon.
Thank you, Council President. Before we get into public -- to the public having their chance to testify, I just want to go on the record, I'm going to be excused for the remaining Council due to district business and I want to be recorded aye on all votes.
Thank you, Councilman. Leave shall be granted and the record shall reflect that. Stated Meeting April 6, 2017 (Witness approached podium.)
My name is Jeff Braff. I am here on behalf of the Philadelphia Crosstown Coalition, a group of 23 civic associations. We've been here before. We submitted testimony on March 30 in support of Bill 170093. Since that time, we've seen lots of headlines by environmental groups, "Clean Cars Under Attack," "Anti-Clean Car Legislation," "Bill 170093 Will Gut Philadelphia's Electric Vehicle Parking Law." The Philadelphia Crosstown Coalition supports Bill 170093-A. We are not opposed to electric vehicles. We believe that use of electric vehicles should be encouraged. The problem is that the existing legislation takes a public good, an on-street parking place, and effectively privatizes it for the use of a single person, the person who controls the electric switch. We would have no problem with Stated Meeting April 6, 2017 establishing charging stations throughout the City, including on-street parking spots, provided that those stations could be used by any electric vehicle. We believe that the proposed moratorium would present an opportunity to investigate best practices for electric vehicle infrastructure that balances the desire to promote fuel-efficient, non-polluting vehicles with the needs of all City residents. Thank you. (Applause.)
Debra Lutz, commenting on 170093-A. (Witness approached podium.)
I wish I could say I'm happy about being here today, but I'm not. This is the end of what has been an exhausting three-week effort to educate Council on what the current EV program Stated Meeting April 6, 2017 does and how the abrupt cancelling harms the growth of EVs in Philadelphia. The last few weeks have been a whirlwind, and I've worked to oppose Bill 179003 [sic] as written, and I appreciate the advice of the legislative staff. The most important lesson I've learned is that the details of this bill should have been hammered out in committee with the bill sponsors. The hard work to correct a commonsense bill was never done, and the voices most knowledgeable regarding EV use and the impact of this moratorium were never invited to the table. The most harmful piece of this bill altering the ten-year established EV parking program hours was done in a haphazard fashion without thinking through the implications to current and future EV use with two last-minute amendments. Crosstown Coalition's support is often cited as a reason to approve Stated Meeting April 6, 2017 this bill as written. The member civics supporting the moratorium were never properly informed of its hardship to current EV use or its citywide impact to charger installations. The 23 civics out of those 14 simply voted for an end to the installation of private chargers in public spaces, which I agree is a program that cannot continue. While that is a majority of the organization, two civics in densely crowded areas did not support this. Passyunk Square abstained and East Point Breeze voted no. Seven weren't able to vote. Citing unanimous support of the Crosstown Coalition does not fairly represent the members of that organization. The cited logic that this moratorium is needed to implement a future program is a smoke screen. Nothing is preventing the creation of robust shared EV charging infrastructure today other than a commitment to do so. When national politicians use Stated Meeting April 6, 2017 shenanigans like this with legislation, we have no trouble calling it as we see it. It should be no different with our City officials. The PPA is not accepting new applications, so taking a few weeks to create a thoughtful moratorium bill that preserves the current progress made for EVs and protects the future's success of the new program makes good common sense. Cancelling the EV program today without safeguarding a future replacement program is bad policy and sends a clear message to the EV industry that Philadelphia is not committed to expanding its EV infrastructure and is not a safe bet for them to invest in. Today we have simple rules to finding EV parking when it's needed and the PPA to enforce it as intended. I am begging you to consider your vote carefully. If the bill before you today was a good one, one you should vote for, why is there opposition? Why have two Stated Meeting April 6, 2017 additional bills cropped up to address its shortcoming? Why have your colleagues refused to include reasonable compromises with this bill to build an end date to the moratorium, allow the EV charging permits to proceed citywide, and preserve the 24-hour EV parking access? EV cars in Philadelphia cannot be lost to a neighborhood turf war over parking. Cleaning up pollution that is plaguing our city is more important.
Lorna Katz-Lawson, commenting on 170093-A. (Witness approached podium.)
My name is Lorna Katz-Lawson and I'm a member -- a Board member of the Society Hill Civic Association, which is also a member of the Crosstown Coalition who did support Stated Meeting April 6, 2017 this amendment. We'd like to thank Council President Clarke, members of Council, especially Councilman Mark Squilla and David Oh, for this opportunity to testify on behalf of the electric vehicle parking permit moratorium. You've both strongly supported us in this current situation. We'd like to point out that we enthusiastically support clean vehicles, incentivizing them in the City and all the efforts to achieve cleaner water and air, but we also support the proposed moratorium for the reasons that were previously noted, that it's a very undemocratic allocation and it's not an equal opportunity type of situation. We believe that this bill is just a starter for a conversation to get very -- in a good grasp on issues across the City on parking, because in every neighborhood it's an issue, and to find ways to make public access as most other cities, more sophisticated cities, have Stated Meeting April 6, 2017 done considering the newer developments and technology that we now have. Our neighborhood in particular has had impacts that some blocks have three or four spaces in front of private homes. We have cases where residents needing handicap parking have been turned down because the permits for the number of EV spaces already on the block have taken up the spaces. Our residents have been loud and clear on this appropriation of public good for private use should not continue. I'll skip my other thing here since I'm out of time. In closing, we support the moratorium and the creation of an infrastructure of public off-street charging stations available to all residents. We look forward to an opportunity to review and comment on future recommendations.
Thank you for your testimony, ma'am. Stated Meeting April 6, 2017
Thank you. And I think you already have the testimony up there.
Davis Dure, commenting on 170093-A. (Witness approached podium.)
Good morning. There is a curbside EV charging station on East Gorgas Lane in Mount Airy near where I live. It has no reserved parking signs, just a single post the size of a parking meter. What I learned about this charging station, I realized that even though I didn't have a garage or driveway, I could still have an electric car. Then when I learned about the new Chevy Bolt, Motor Trend's 2017 Car of the Year, I realized now was the time. Then I learned about this moratorium and that it applies to me even Stated Meeting April 6, 2017 though I don't need a reserved space. I have always been able to park in the same spot right in front of our house. I called my Councilwoman and Councilman David Oh to ask for an exemption in this moratorium for people who don't need a reserved space. As a result, I understand that a separate bill has been introduced that would allow this. However, I think that the bill you're voting on today should include this provision in the spirit of repeal and replace in the same bill. Thank you. (Applause.)
Adam Garber, commenting on 170093-A. (Witness approached podium.)
Thank you. My name is Adam Garber. I'm the Deputy Director for PennEnvironment. We are opposed to 170093-A as it currently stands, and on behalf of our 20,000 supporters inside the City, we hope you Stated Meeting April 6, 2017 will go back and revisit it. The issue here in many ways is about air pollution. Today our report showed that 79 days in Philadelphia are unsafe to breathe the air in one year. That's one out of every four days we are causing asthma attacks, heart attacks, respiratory problems, and a significant amount of that pollution comes from cars and light trucks on our roads. We as a city need to be moving forward full steam on reducing emissions by encouraging electric vehicles, not standing in the way of the progress in front of us. And while I understand as a resident of South Philadelphia the concerns over parking, as having I drove around for 20 minutes last night looking for a parking spot, the reality is this idea of putting in place a moratorium will not solve this problem. The existing 60 parking spots we are talking about will still be there on the streets of people's concern, and Stated Meeting April 6, 2017 in the meantime, there will be no way to encourage new electric vehicle parking spots. We would hope that City Council would hold the legislation and come up, as the previous speaker said, with a repeal maybe and replace, but something that actually solves the problem and allows us to move forward on the electric vehicles that every single speaker today has said they support. Can we put in public electric vehicle charging spots throughout every part of every neighborhood in the City? That would be a good process, and then end this program. But until such proposals are considered, discussed, debated, bringing in outside stakeholders and citizens, we should not put an end to the only option for getting cleaner cars on the road to make sure that everyone in the City can breathe a little bit easier. So we hope you will vote against this bill or put it on hold so Stated Meeting April 6, 2017 those discussions and a full solution to the electric vehicle charging station issue within the City can be decided upon that will allow us to get cleaner cars. Thank you. (Applause.)
Gretchen Dahlkemper, commenting on 170093-A. (Witness approached podium.)
Good morning. My name is Gretchen Dahlkemper, and as the Director of Clean Air Moms Action, I represent over one million parents across the United States united to protect our children from toxic air pollution. Most importantly, I'm a mom in Point Breeze to three kids - Reinaldo, Fiona, and Declan. Fiona is five years old and she suffered her first asthma attack at just ten months. Watching your baby turn blue and struggle to breathe is something that no parent should ever witness. We lived just two blocks from Stated Meeting April 6, 2017 I-95 in Pennsport, Councilman Squilla's district. As we talked to health professionals and our doctor, we realized that the air pollution from the cars and I-95 was going to make the increase -possibly cause increases in asthma attacks in my baby. So we moved to Point Breeze, and I'm happily represented now by Councilman Kenyatta Johnson. We moved there so that we can eliminate that close proximity to the highway and decrease the pollution from cars. But we still receive a failing grade all across Philadelphia. I fully acknowledge that the current law needs to be revised and improved, as the EV market has changed drastically over the past ten years, but putting a permanent moratorium without a plan in place is totally irresponsible of this body and it sends a message to the industry that Pennsylvania, the entire state, is closed for business if the largest city eliminates the pathway, Stated Meeting April 6, 2017 however imperfect, for EV ownership without a new plan in place. My son is seven. He attends public school in South Philly. Like his mom, he finds it nearly impossible to sit down and be quite, but because he has amazing teachers, he has special considerations put in place. He gets to stand up if he's feeling antsy so that he can stay in the classroom and learn. But we always have to reevaluate his behavior, as things change, as circumstances change, but we don't stop the rules. We don't stop the circumstances, special circumstances, for the other kids with ADHD in his class as we reevaluate his behavior. We reevaluate it together and then we come up with a new plan and implement it. That's all we're asking you to do here today. This bill eliminates the pathway, flawed as it is, the pathway nonetheless, for Philadelphia residents Stated Meeting April 6, 2017 to buy an electric vehicle. It eliminates the pathway without first bringing the stakeholders to the table. I spoke with Tesla on Friday. I spoke with them on Monday. I spoke with them on Tuesday. They can get here next week. I've asked Councilman Oh to hold the bill until Tesla, arguably one of the most famous electric vehicle car manufacturers, can come to Philadelphia and talk to members of Council from California, and he has refused. Bring the stakeholders to the table before you vote on this bill. I ask City Council to vote no and work with the stakeholders here today, industry, the residents who are impacted. This maybe is an issue in certain areas. It is not an issue in Point Breeze, but I hope that we can come up with a plan that for residents like myself in Point Breeze, that we can have a comprehensive plan that works for everyone, whether they own an electric Stated Meeting April 6, 2017 vehicle or not. Thank you. (Applause.)
I would also like to add to the record, I have a letter from 16 different organizations, faith, public health, parents, and environmental organizations representing over 100,000 people here in the City of Philadelphia. (Applause.)
Hello. I'm Mary Pisculli, and I have already provided testimony showing that the hours restrictions would restrict the ability for me to use my vehicle, as it requires charging twice a day. But I have also provided written testimony and I have several other owners showing that given Stated Meeting April 6, 2017 our cars' technology and the warnings that come with our vehicles' manuals, that proper maintenance of our cars to maintain a charge during cold weather. This means the car has to remain plugged in when it's freezing temperatures or the battery can be irreversibly damaged. We also have a similar warning in hot weather. And if you'll know, these weather extremes are about more than half the year in Philadelphia. These time restrictions are not merely an inconvenience. They are incompatible with EV ownership in the City and all its environmental benefits. These proposed restrictions were not based on parking needs or on prior testimony even from ChargePoint. When I e-mailed the sponsors, I was told the policy has become a draw essentially for those interested in owning a parking space more so than they are interested in owning an electric vehicle. Stated Meeting April 6, 2017 To me that sounds like this restriction was meant to be punitive, and I am not sure how they know what my motivation was to buy a car. I have put my money where my conscience is. I have put my money where my mouth is. It is not lip service to want cleaner air for all when we consider paying more for electric vehicles, when we consider paying more for electricity through an energy co-op that uses wind farm energy than the default less costly PECO provider. By undoing this program, EVs will exclusively be owned, by the way these bills are set up, by people who live either outside the City and have driveways or have the means to a private garage. Electric vehicles support the greater good of cleaner air. I know this was made clear by my colleagues who have spoken today. This Council made a commitment to all citizens by supporting Stated Meeting April 6, 2017 electric vehicles. This amendment and bill are shortsighted. They undercut this promise. It undercuts the credibility of this Council when it sponsors an initiative. Citizens respond to the call and then the Council pulls the rug out from underneath them. Please stand firm in your promise of a cleaner Philadelphia. Please vote against this bill and amendment. (Applause.)
Matt Walker, commenting on 170093-A. (Witness approached podium.)
Hi. My name is Matt Walker and I'm the Advocacy Director for Clean Air Council. The Council is a non-profit environmental health organization whose mission is to protect everyone's right to breathe clean air. The Council has 8,000 paying members and almost 30,000 advocates, including many in Philadelphia. Stated Meeting April 6, 2017 Council Bill 170093, which you are being asked to vote on today, will gut Philadelphia's electric vehicle parking law, which currently allows residents to pay for and install an electrical vehicle charging station in their neighborhood. This tool is critical to create the infrastructure we need to expand electric vehicles. Council Bill 170093 is an anti-environmental and anti-public health bill. We live in a country, state, and city where the cars came. Yet the car is also one of the main sources of air pollution that harms Philadelphia residents. Cars and truck pollution contribute to ground level ozone, which is the main component of smog, particulate pollution, hazardous air pollution, and greenhouse gases. Encouraging electric cars should be a high priority for this legislative body. Clean Air Council received Councilman Oh's justification for why he is Stated Meeting April 6, 2017 determined to move forward with this legislation. Respectfully, the justification does not make any sense. Certainly the sponsors of this bill are right that much more needs to be done to allow for the orderly expansion of electric cars in the City, but doing away with the one program that presently incentivizes electric cars in Philadelphia while hoping some day to come up with a better and more comprehensive plan -- and that's a quote -- makes absolutely no sense at all. The Council urges you to not kill this program simply because one day you hope to come up with a better one. Our challenge, the City Council today, is to do your homework and develop the better plan that's called for to expand electric cars in Philadelphia and then implement that program as quickly as possible. Until then, leave the existing program in place. The Council will Stated Meeting April 6, 2017 gladly work with members of City Council in developing a more comprehensive program for electric cars. At a time when we are seeing the environment under constant attack by President Trump, it is deeply disappointing that we have to come here today to urge Philadelphia City Council to not roll back an existing environmental program. (Applause.)
I'm attaching as part of my testimony an article from reporter Inga Saffron that does a good job of covering the issue. I handed it in up front. So please take a look, and thank you for your time and consideration. (Applause.)
Richard Yoka, commenting on 170093-A. (Witness approached podium.) Stated Meeting April 6, 2017
Good morning. Good morning, Council. Thank you for having me. I want to thank Councilman David Oh, Councilman Squilla for agreeing to put this amendment forth. Ten years this law has been into place, from what I've heard this morning, and I want to thank everyone who testified. Good points. The fact of the matter is, we have people buying cars to have parking spots in front of their houses. We'll hear all the testimony you want. Clean air, I'm all for it. I walk to work. My phone tells me I've done three miles each day. But I also drive around with my mother-in-law, who is 80 years old, when we're delivering groceries to her home because we can't get a parking spot in the Fairmount community. I'm not saying do away with electric parking or charging stations, Stated Meeting April 6, 2017 but what complex -- what is complexing about this law is why does someone need seven days a week, 24 hours a day to charge their car? The vehicles today, they don't need that long -- that duration to charge. Give them two days. Let them pick two days. Thank you so much for your time today. (Applause.)
Joe Danihel, commenting on 170320. (Witness approached podium.)
Good afternoon. This is an official decree of the people in writ of mandamus quo warranto and, as such, requires immediate action. It is tax time. The people expect the government to spend wisely, but the RDA, as you well know for the Stated Meeting April 6, 2017 year and a half I've been testifying, receives boatloads of money from the federal and state coffers. You elected -- you are elected to monitor these funds and required by the oath to obey, defend, and support the Constitutions and laws. Why in the face of numerous allegations of laws violated does Council and the Mayor not act? They're sitting there acting like stuffed animals and not doing a damn thing. This is not what you are paid handsomely to do. Jefferson stated in 1804, When corruption has prevailed in these offices, be alive to bring punishment and the brand of eternal disgrace to every man guilty of it, whatsoever his station. Following the rule of law is not optional. The Constitution requires immediate remedy of the breach of law. Your oath of office requires you to act or go to prison. 42 USC 1982, 1983, 1985, 1986, Stated Meeting April 6, 2017 1987, 18 USC 241, 242, 2381, 2384, PA Constitution, Article I, Sections 1 through 11, 26 PA CSA 703, 708, 709, 712, 713, 716, other laws listed in SCOTUS 15-8965, 14-1330, 14-4056 appear violated. I call for the federal and Commonwealth governments to perform their constitutional obligations to investigate and prosecute all involved in the theft and illegal deed transfer of my home, 1038 West Wyoming. The denial of God-given 42 USC 1982 property rights for 23 years is egregious, extraordinary, oath-violating, and requires immediate remedy. A just government must obey the rule of law. This color of law government must have its Charter to govern revoked until a constitutionally compliant government is installed. Public servants cannot refuse their sworn duty to act any more than a fireman can refuse to fight a fire. The Stated Meeting April 6, 2017 sovereign people require the Constitution and laws be enforced. Jail is required for all who violate oath of law. It takes a lot of cooperation to create and allow monumental corruption.
Thank you for your testimony. The Chair recognizes Councilman Jones. Councilman, you need to be recognized?
Benjamin Lerner, commenting on 170318-A. (Witness approached podium.) JUDGE LERNER: Thank you. Good Stated Meeting April 6, 2017 afternoon, Mr. Council President, Councilmembers. My name is Benjamin Lerner. I am the Deputy Managing Director for Criminal Justice, and I appreciate the opportunity to speak briefly here today in support of Council's resolution urging the Pennsylvania Legislature to reject the current proposal to renew mandatory minimum sentencing laws for Pennsylvania. Mandatory minimum sentencing laws have had their day in this state and around the country, and what we've learned from them is basically two things. One is that they do absolutely nothing to further public safety. They don't make our communities any safer. What they do instead is to make our jails and prisons overflow with individuals who, from the point of view of public safety, do not need to be locked up. Throughout this country and here in Philadelphia, Council, the Administration, the criminal justice Stated Meeting April 6, 2017 partners are engaged in efforts to reverse the effects, the long-term effects, of over-incarceration. Mandatory minimum -- a return to mandatory minimum sentencing runs directly counter to those efforts. What we've proved with mandatory minimum sentencing is that by taking sentencing discretion away from courts and putting it exclusively in the hands of prosecutors, we do not improve either justice or safety. Our sentencing system in this country requires that the sentencer, the judicial authority, in a public proceeding consider not only the seriousness of the offense for which an offender has been convicted, but that that sentencing authority consider everything there is to know about the offender and that the sentencing be appropriate not only to the crime but to the offender. Mandatory minimum sentencing Stated Meeting April 6, 2017 takes that power away from judges and puts it solely in the hands of the prosecutor, and nobody benefits from that. I can say that on the basis of a substantial amount of experience in various criminal justice positions. Thank you for your time. (Applause.)
Thank you for your testimony. The Chair recognizes Councilman Johnson.
Thank you, Council President. I just wanted to take a moment to thank Judge Lerner for taking time out of his busy schedule just to come down here and be supportive of the resolution but, most importantly, providing insight from his expertise in serving as a judge and being on the bench as to the ramifications of reinstituting mandatory sentences here in the State of Pennsylvania. Thank you very much, Council Stated Meeting April 6, 2017 President.