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Minutes

Stated Meeting, November 14, 2013

Philadelphia City CouncilNov 14, 2013

People mentioned

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

Organizations mentioned

Councilwoman Blackwell

Aye on all bills.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye on all bills.

Chief Clerk

Councilman Green.

Councilman Green

Aye on all bills.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye on all bills.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye on all bills.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye on all bills.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye on all bills.

Chief Clerk

Councilman

Councilman Kenney

Aye on all bills.

Chief Clerk

Councilman O'Brien.

Councilman O'Brien

Aye on all bills.

Chief Clerk

Councilman Oh.

Councilman Oh

Aye on all bills.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye on all bills.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye on all bills.

Chief Clerk

Councilman Squilla.

Councilman Squilla

Aye on all bills.

Chief Clerk

Council President Clarke. 11/14/13 - STATED - 2ND READING

Council President Clarke

Aye on all bills. A majority of all members having voted in the affirmative for each of the bills, the bills on the Consent Agenda are passed. We will now consider the resolutions and bills on the regular Second Reading and Final Passage Calendar. Mr. Decker, would you please read the title of 130820.

Chief Clerk

A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, identified by house number and street address as 1154 South Fifteenth Street.

Council President Clarke

The Chair recognizes Councilman Johnson.

Councilman Johnson

I move for the adoption of the resolution. 11/14/13 - STATED - 2ND READING (Duly seconded.)

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. Resolution No. 130820 is approved. Mr. Decker, 130821.

Chief Clerk

A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Kingsessing Urban Renewal Area, identified by house number and street address as 2018 South Salford Street.

Council President Clarke

The Chair recognizes Councilman Johnson again.

Councilman Johnson

I move for 11/14/13 - STATED - 2ND READING the adoption of the resolution. (Duly seconded.)

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. 130821 is adopted. Mr. Decker, 130822.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-Sixth Ward of the City of Philadelphia.

Council President Clarke

The Chair again recognizes Councilman 11/14/13 - STATED - 2ND READING Johnson.

Councilman Johnson

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it and Resolution 130822 is approved. Mr. Decker, 130825.

Chief Clerk

A resolution urging the Commonwealth of Pennsylvania to increase funding allotted for the Weatherization Assistance Program to the City of Philadelphia in order to increase the quality of life for low income residents by improving the energy efficiency of their homes. 11/14/13 - STATED - 2ND READING

Council President Clarke

The Chair recognizes Councilwoman Reynolds Brown.

Councilwoman Brown

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it and Resolution 130825 is adopted. Mr. Decker, 130826.

Chief Clerk

A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street 11/14/13 - STATED - 2ND READING address as 2412 through 14 Amber Street.

Council President Clarke

The Chair recognizes Councilman Squilla.

Councilman Squilla

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. 130826 is adopted. I believe there are no bills on the regular Final Passage Calendar left, so we will now ask Mr. Decker if you have any additional resolutions.

Chief Clerk

A resolution recognizing November 17th through 23rd 2013 as Transgender Awareness Week, introduced by Councilman Kenney. 11/14/13 - STATED - 2ND READING

Council President Clarke

The Chair recognizes Councilman Kenney.

Councilman Kenney

I move the adoption of the resolution. I'd like to speak briefly. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded. Before we take the vote, the Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Mr. President. I thank all the members in advance for the support of this bill. I think it's really important that we recognize all human beings as exactly that, as human beings. Life is very hard for everyone. It's harder for some than others, and any time we can get government to help move obstacles out of the way of people's happiness and validity and dignity, I think it's incumbent upon us to do so. We can only obviously do that at a local level because of our jurisdiction, but I think 11/14/13 - STATED - 2ND READING setting an example in this state especially and in other parts of the country that we include everyone in our family here in Philadelphia. And over the years, we've had fights about people being discriminated against because of the color of their skin and because of their gender or because of their ethnic background. We all are born who we are, and I think we need to continue to recognize that and stand up for people's rights. So I thank all of my colleagues and I thank you in advance for your support.

Council President Clarke

Thank you. It has been moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.) 11/14/13 - STATED - 2ND READING

Council President Clarke

The ayes have it. The resolution is approved.

Chief Clerk

And a resolution proclaiming that the City of Philadelphia recognizes the life of Carl Goldenberg, the third-generation of operators of the Goldenberg Candy Company, the originator of Goldenberg's Peanut Chews, introduced by Councilman Green.

Council President Clarke

The Chair recognizes Councilman Green.

Councilman Green

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is 11/14/13 - STATED - 2ND READING adopted.

Chief Clerk

And a resolution recognizing November 2013 as Epilepsy Awareness Month in honor of individuals living with Epilepsy, their families and those working to improve their quality of life, introduced by Councilman O'Brien.

Council President Clarke

The Chair recognizes Councilman O'Brien.

Councilman O'Brien

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted.

Chief Clerk

And a resolution 11/14/13 - STATED - 2ND READING recognizing and congratulating Linda Cliatt-Wayman for her dedication to and success within the School District of Philadelphia, introduced by Councilwoman Reynolds Brown.

Council President Clarke

The Chair recognizes Councilwoman Reynolds Brown.

Councilwoman Brown

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted.

Chief Clerk

And a resolution recognizing the American Red Cross and Filipino-American Association of 11/14/13 - STATED - 2ND READING Philadelphia for their efforts to alleviate the suffering of victims of Typhoon Haiyan, and other contributions made to improve the general welfare of man and improve the cultural relations of the Republic of the Philippines and the United States of America, introduced by Councilman Jones.

Council President Clarke

The Chair recognizes Councilman Jones.

Councilman Jones

May I speak briefly on this resolution?

Council President Clarke

You most certainly can.

Councilman Jones

Thank you. This was co-sponsored by all members at large, but particularly Councilman Oh. You may argue global warming. You may argue the science behind it, but what we cannot argue is that was the largest storm we've seen in quite a while, arguably one of the largest in the history of the world. One would ask why are we 11/14/13 - STATED - 2ND READING recognizing the Red Cross. Because they stood up, along with other community organizations, to respond to the thousands of lives that are lost in the Philippines. One thing we cannot argue is, we have one planet and we have nowhere else to go, and either we treat it correctly, either we recognize that the earth is trying to heal itself or it will remind us. So we want to recognize those who are relieving suffering of the Filipinos that lost their lives and those who survived that tragic storm. And I'd like it to be recognized in a standing vote by members. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded, and we have a standing vote, please, for those victims of the storm. (All members standing.)

Council President Clarke

11/14/13 - STATED - 2ND READING Thank you.

Chief Clerk

And a resolution recognizing and celebrating the 20th anniversary of The Japan American Society of Greater Philadelphia for its important contribution to strengthening the Japanese American community and enriching the overall qualify of life for all citizens of Philadelphia, introduced by Councilman Oh.

Council President Clarke

The Chair recognizes Councilman Oh.

Councilman Oh

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The it, and that resolution is adopted.

Chief Clerk

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

Council President Clarke

Thank you very much. And are there any speeches on the part of the minority? The Chair recognizes Councilman O'Brien.

Councilman O'Brien

Thank you, Mr. President. In early October, the Law and Government Committee held an investigatory hearing regarding the Mayor's request for proposal seeking a private entity to provide legal representation to indigent clients where the Defenders Association is prohibited from providing representation due to a conflict of interest. The Administration initially proposed a $10 million one-year deal, designed to purposefully avoid City for this hearing after many unsuccessful attempts to persuade the Administration to scrap their plan and start anew. At the hearing, not one of the ten local, state, and national expert witnesses endorsed the Administration's for-profit model. Additionally, the well-regarded experts illuminated countless fundamental flaws that compromise justice, leave the City ripe for litigation and more unforeseen expenses. There was only one witness at the hearing and only one voice in the entire conversation that believed this for-profit model was a good idea, the Administration. Subsequent to our hearing, I met with Mayor Nutter on October 18th, 2013 to discuss this defective for-profit model in the hopes that he would change his course. In that conversation, I stated I was not going away on this issue. I respectfully told the Mayor in with my staff, because proper legal representation is a constitutional right, and this is an inherently flawed model. Today, I honor those words by introducing legislation co-sponsored by Councilman Greenlee to address some of those concerns. One measure seeks to establish reporting and auditing requirements for certain contracts for conflict counsel for indigent individuals. This bill will require the Mayor to submit to Council a comprehensive performance and financial audit report. This audit will be performed by a seasoned third party from the indigent defense world and will hold the work of the contracted firm in plain sight for our examination. The second measure proposes an amendment to The Philadelphia Home Rule Charter which will require City Council approval for certain contracts for one year or less for the purpose of providing services for indigent persons. I understand that a Charter change is a heavy consideration for this body and our citizens, but we are talking about preserving the constitutional rights of those most vulnerable among us. Therefore, I am very comfortable taking this course of action. This isn't about being against something. This is about being for something. I am for transparency, inclusiveness and, most importantly, justice. I have respectfully asked the Administration to scrap the plan and start over numerous times, but to no avail. Metaphorically speaking, there are hills you die on. This is what I tell my staff when we are confronted with issues that present a conflict to our values, personal constitutions, and what is ultimately just and fair. With my staff in tow, I am now those hills. This is a hill you die on. This is the hill I'm dying on. Thank you, Mr. President.

Council President Clarke

Thank you so much, Councilman. The Chair recognizes Councilwoman Reynolds Brown.

Councilwoman Brown

Thank you, Mr. President. First I have an announcement and then remarks. In keeping with the work we started this past spring regarding the status of women and girls in Philadelphia, this afternoon as a part of our monthly Brown Bag series for women and all enlightened men, I invite staff and colleagues to hear a conversation with Dr. Heidi Hartmann. She serves as President of the Washington-based Institute for Women's Policy Research. She is an international feminist economist and is here in Philadelphia as a 2013 Scholar-in-Residence at the Consortium. So she'll be joining us immediately following City Council as part of our monthly Brown Bag series. Today, I also wish to shine a light on House Bill No. 1047 in Harrisburg. 1047 -- utility companies were granted -- well, forgive me. In 2004, utility companies were granted broad authority regarding shut-offs, reconnections, payment agreements, medical certifications, and LIHEAP, also known as the Low Income Home Energy Assistance Program. This bill is about to go off into the sunset, and I believe that is where it should stay. Some in Harrisburg want to reauthorize the bill. To be clear, House Bill 1047 does the following: It restricts low-income customers in the Utilities Customer Assistance Program from arranging a reasonable payment plan. House Bill 1047 allows utilities to terminate service without personally prior to and on the day of termination. House Bill 1047 allows utilities to terminate service in the winter, from December 1 through March 31st. House Bill 1047 allows utilities to direct LIHEAP and Crisis payments using these dollars for their own general fund rather than to restore them or prevent termination of service. My colleagues and I certainly understand that a lot of pain is caused across the City, because shortly we'll be getting lots of calls for help from citizens, most notably seniors, children suffering with health issues due to the cold, and parents given payment plans that they cannot afford. I wish to add my voice to the growing list of leaders calling for an end to this policy. Representative Curtis Thomas, Sam Staten of Laborers International Local 332, Pete Matthews of AFSCME District Council 33, and others suffering. They understand that if you cannot pay your utility bill, it does not make you a bad person. It makes you a person in a bad situation. To quote our city's consumer advocate, I think the issue is the failure of the PUC to mandate affordable low-income plans, affordable terms to avoid termination, and the failure of the PUC to see the issue of poverty as an issue that should not be solved by forcing people to suffer the cold without heat. He goes on further to say that the republican-controlled SRC allows its lack of caring and decision to put its ideology ahead of reason by not seeing that students who lack heat, students who lack hot water, students who don't have cooking stoves suffer academically. There's a lot of research to prove that so. Thus, I am encouraging everyone to call your State Reps, ask them to 939 with the sunset provision or go to pahouse.com/thomas and sign an online petition asking that this measure be. Thank you, Mr. President. I appreciate speaking on behalf of those who most benefit from the LIHEAP programs. Thank you.

Council President Clarke

Thank you, Councilwoman. (Applause.)

Council President Clarke

And the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. I certainly associate myself and agree with all those comments just made. As a reminder, tomorrow at 10:00 a.m. in the Caucus Room, Ms. Wendella Fox, Director of the Office of Civil Rights, United States Department of Education, will brief Council on the responsibilities and duties of her office, which include the processing of complaints filed by students or their parents from kindergarten through doctoral programs if the complaint is based on race, natural origin, ethnicity, English not being their first language, gender, physical and mental disability, and/or age. We hope that you will make time to be present. Thank you.

Council President Clarke

Thank you, Councilwoman. The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. I was not going to do a speech of the majority. I know you were anxiously anticipating the light going on, but I was not going to do it until my colleague Councilwoman Reynolds Brown rose to shed the light on House Bill 1047. I have held the bill requiring a 20 percent increase in the payment to to be dedicated for energy conservation and programs like this since last session. I want to announce that I'm not going to hold it again, not another week, because the temperature outside is below 32 degrees today and that those gas bills are going to hit the mail for November, and more people will be homeless due to utility shut-offs than ever because of mortgage foreclosures. There are -- I know every one of my colleagues in this Chamber gets a call at least once a week this time of year about utility shut-offs and things like that. They have come up with a new term for poor, a super poor. I mean, not super person, not super abilities, but below the category of poor, so poor that some of the traditional programs like CAP and LIHEAP don't even apply. There is a category of poor today that because of the circumstances of the house, because the roof, because of cracks in the window, they won't even bother to weatherize it because it's just beyond help. We have the ability -everything has going up in the last 20 years, except what the City gets from PGW. Gas has gone up. Rent has gone up. Food has gone up. Definitely our constituents' taxes have gone up, but the only thing that remains the same is the PGW amount to the City of Philadelphia. We will consider this bill, and in the proud tradition of my colleague Councilwoman Blackwell that doesn't mind going down 16 to 1 on a vote or Wilson Goode who rarely checks a poll before he does something, we're going to call this vote, because too many of my constituents asked me at AVI workshops, Councilman, it's nice what you do for the super poor, but what are you going to do for the maintenance of the middle class? And next week we're going to answer that question, at least incrementally, 10 percent, that we're going to do something to weatherize, reduce their utility expenditures and help them out. Everybody else gets bailed out, Wall Street to Main Street, except our streets, and we're going to vote next week. Thank you, Mr. President.

Council President Clarke

Thank you, Councilman. (Applause.)

Council President Clarke

That concludes our speeches on the minority and majority. So with that, I would ask Councilwoman Brown to give us a motion to adjourn this session.

Councilwoman Brown

Certainly, Mr. President. I move that Council stand adjourned until Thursday, November the 21st, 2013 at 10:00 a.m. (Duly seconded.)

Council President Clarke

It has been moved and properly seconded that November 21st, 2013, 10:00 a.m. All those in favor say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

Council is adjourned. Thank you all very much. ) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter, and that this is a true and correct transcript of same. MICHELE L. ) A 99:23 100:4,18 ago 7:16 17:18 amount 110:13 101:24 abilities 109:20 102:17 agree 107:18 and/or 72:15 approved 4:16,21 ability 110:6 Administration's agreement 24:3 108:9 113:22 5:5 30:6 49:12 able 14:7 61:10 100:8 26:14 anew 100:5 81:8 86:12 61:17 65:7 administrative agreements 82:2 anniversary 88:16 93:4 absence 5:7,12,20 25:10 69:21 104:12 38:13 67:20 approving 23:16 academically adopted 49:21 agrees 56:22 98:5 37:16 42:25 106:21 87:12 89:17 ahead 13:19 69:7 announce 109:5 46:11 85:15 accessory 36:13 90:17 94:2,24 106:18 announcement 86:15 89:20 accompanying 95:22 99:3 Airmen 12:14 103:12 approximately 6:25 17:2 adopting 47:3 Al 77:13 annual 42:22 43:11 accomplish 12:16 49:13 81:9 alike 18:17 62:23 Aramingo 42:6 accomplishments adoption 85:25 alleviate 34:6 answer 110:25 79:15 10:15 87:2 88:4 89:6 96:3 anticipating arbitration 49:17 accounted 14:4 90:6 91:5 93:15 allotted 9:25 108:19 area 23:21 24:6 accurately 113:5 94:12 95:11 88:20 anti-trans 69:16 26:16 37:21 achieved 15:13 98:15 allow 7:14 anxiously 108:19 42:5 43:3,4 46:7 acknowledging advance 59:17 allows 104:24 anybody 76:22 79:14,21 80:7 17:17 91:14 92:15 105:4,7 106:16 anyway 62:20 81:4 85:19 acquisition 43:10 advertising 36:15 Alps 9:2 appealed 49:17 86:19 89:24 Act 46:18 42:21 amazing 22:3 applaud 65:2 areas 42:4 44:6 action 6:8 14:3 advise 23:9 Amber 90:2 Applause 7:3,9 79:13,20 80:6 70:8 102:10 Advisor 11:21 Amen 3:18,19,23 11:18 14:14 80:17 81:3 activated 15:7 advocate 106:8 amend 42:2 79:11 16:14,16 21:8 arguably 96:23 activities 32:12 affirmative 85:5 79:18 80:4,25 22:18 64:10 argue 96:19,20,21 Activity 54:4 afford 105:19 amended 47:17 66:25 70:15 97:7 add 105:19 affordable 22:6 52:9 72:4 74:18 Arlington 81:6 adding 54:4 80:21 106:9,10 amending 25:7,9 78:15 107:12 Armed 8:16 addition 14:2 afforded 66:2,3,4 25:14 30:17 111:13 Army 9:18 10:2 58:12 68:23 66:5 32:4 33:19 36:2 applicable 82:4 arranging 104:23 69:18 70:2 afoul 71:16 36:11 42:12,17 applicants 19:9 asked 77:13 additional 43:10 afraid 12:5 43:15,21 44:2 apply 33:21 102:16 110:21 49:15 81:11 Africa 8:25 49:12 52:3 54:2 109:23 113:20 asking 107:4 90:21 AFSCME 105:24 56:10 80:12,19 appointing 40:16 Aspen 24:6 26:17 Additionally afternoon 74:24 81:8,23 40:21 41:2 assets 73:21 100:9 74:25 75:2 amendment 30:7 appointment 56:8 assign 12:21 address 23:22 103:16 31:13 43:2,7,8 appreciate 6:6 Assistance 88:21 37:22 72:12 age 108:9 101:22 14:10 107:7 104:15,22 85:20 86:20 agencies 73:25 America 10:24 approached assisting 14:12 90:2 101:8 74:4 34:11 38:13 59:24 64:12 associate 107:18 adjourn 111:18 agency 74:5 96:8 67:5 70:18 72:7 associated 59:2 adjourned 111:21 agenda 57:1,9,19 American 11:13 74:21 Association 34:4 112:2,10,12 58:4,13 65:23 12:8,9,19 34:3 appropriations 49:18 95:25 ADJOURNME...

Council President Clarke

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