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Minutes

Stated Meeting, January 23, 2014

Philadelphia City CouncilJan 23, 2014

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

Council President Clarke

The ayes have it. Resolution 130960 is adopted. 130961, Mr. Decker, please read the title.

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-Seventh Ward of the City of Philadelphia.

Council President Clarke

The Chair recognizes Councilwoman Quinones-Sanchez. 1/23/14 - STATED - 2ND READING

Councilwoman Sanchez

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 130961 is adopted. Mr. Decker, please read the title of 130963.

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, 1/23/14 - STATED - 2ND READING situate in the Thirty-Eighth Ward of the City of Philadelphia.

Council President Clarke

The Chair recognizes Councilman Jones.

Councilman Jones

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and Resolution 130963 is adopted. Mr. Decker, would you please read the title of 130630.

Chief Clerk

An ordinance authorizing the Commissioner of Public Property to lease to the Southeastern Pennsylvania Transportation Authority certain land and improvements known as 1/23/14 - STATED - 2ND READING City Owned Transit Properties, and further authorizing acceptance of title to certain real estate and improvements from SEPTA.

Council President Clarke

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

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye. 1/23/14 - STATED - 2ND READING

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kenney. (No response.)

Chief Clerk

Councilman O'Brien.

Councilman O'Brien

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Squilla. 1/23/14 - STATED - 2ND READING

Councilman Squilla

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Clarke.

Council President Clarke

Aye. The ayes are 16; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, please read the title of 130657.

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by revising Section 14-303(12), entitled 'Neighborhood Notice and Meetings,' by establishing new minimum qualifications for Registered Community Organizations, adjusting the requirements for notification and meetings, and amending the procedures regarding re-registration of Registered Community Organizations. 1/23/14 - STATED - 2ND READING

Council President Clarke

This bill has been read on two separate occasions. The question is shall the bill pass finally. Mr. Decker, before we call the roll, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. This has been a long journey and a long battle. As many of you know, we got involved in this issue because community groups came to me about City Planning legislation that came out of the Zoning Code calling for registered community organizations and all that it implies. Certainly after we introduced a bill and it was passed, the Mayor vetoed it and all of you, along with myself, overrode the Mayor's veto. So we thought we were fine, until my colleague decided to introduce a bill fighting what Council had just passed. You have heard all those who have testified today. I agree with what 1/23/14 - STATED - 2ND READING they have said. When it comes to Mantua, which has now been declared a Promise Zone, it wasn't declared that because life is well. It was declared that because one of the areas that qualifies it is its 51 percent poverty rate. When Mantuans' taxes go up, these are people from great-grandparents on down to great-grandchildren, their taxes go up so that what universities couldn't do in terms of expansion, this bill does, the Zoning Code does, and AVI does and all of these things, Philadelphia 2035. All are opportunities for people to gentrify our neighborhoods, and that's what's at the core of all of this. This bill -- and there have been many meetings around the City. This bill violates civil rights under Title VI of the Civil Rights Act as well as Title VIII that deals with federal housing laws. We've asked that all of these things be considered, but we understand -- I accept the fact that the 1/23/14 - STATED - 2ND READING minority will have its say and the majority will have its way, but I also always do what I think is right. To have changed the bill to now include special service districts, I have a special service district that includes at least four other community organizations who are RCOs, maybe six. So it even made larger entities. It was initially supposed to be, they told us, areas, organizations for small community groups to be involved, but they included everything, neighborhood improvement districts, special service districts. So that means -- I won't use my area. Let's say Center City District. They have a vote. What about all the areas they include? There's so much unfairness in this bill. The registration rules is not applied equally. Boundaries for RCOs is not applied equally. Selection of coordinating RCOs, it's still back in here that the District Councilperson has 1/23/14 - STATED - 2ND READING to decide who the developer wants to work with. So if you have a big institution against a small group, maybe a small group has ten members and you have a big RCO that includes a big area, then the Councilperson is supposed to choose. Well, I want all my RCOs included as all registered community organizations, and that's what I will recommend. (Applause.)

Councilwoman Blackwell

Not only that, on , Section (g) at the bottom of the page, you will see where it says that the right to amend this law dealing with RCOs can happen because the City Planning Commission decides to. We don't even vote on that. They put a section in the bill that they can amend this and not even come to us. I tell you, colleagues, please don't vote yourself out of a vote. I always say Lucien Blackwell taught me that, and I always deal with it when it comes down to deciding what I must do. 1/23/14 - STATED - 2ND READING God first and then I listen to those lessons I've learned over the years. And has been said, there's no appeal process for RCOs who are denied or who are told if you don't do something in three meetings, we can kick you out, but if a developer, a bad applicant, doesn't contact the community, there's no punishment for them. It is obvious that this bill is not meant to protect community organizations but to foster applicants and developers who may be for us but who may also be against us. There's also concerns on where they say a seven-day notification is supposed to be given by the Planning Commission to the applicant or developer to RCOs and to the Councilperson. They say seven days. They don't say -- they don't talk about weekends. So we assume then it's five weekdays, but at the bottom on the same page, they talk about the fact that if the District 1/23/14 - STATED - 2ND READING Councilperson doesn't decide in a quick enough manner who their coordinating RCO will be, that they will pick that too. They never put any other time in it. But they will say if we don't move quickly enough. So does that mean that in seven days, we have to be notified, assuming we are notified within seven days, and then if we don't do it, how do we -- where are the assurances and checks and balances there? There are many questions and many concerns that this bill raises. The City Planning Commission created RCOs, not me or anyone in this Council. All my efforts have been are to try to protect the communities who send us here, who elect us, and who expect that we do our best to protect them and their interest in protecting their blocks and neighborhoods. So, again, we say that we believe there are enough issues to at least warrant holding up the bill. If 1/23/14 - STATED - 2ND READING that is not the case, Mr. President, I will be voting no on this bill. Thank you very much. (Applause.) (Audience members chanting, "Don't pass the bill.")

Council President Clarke

Thank you. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you. Just a housekeeping measure. I would like to be recorded as voting aye on all resolutions and bills while I was out of the Chamber. Thank you.

Council President Clarke

Thank you. Thank you, Councilman. It shall be noted. Mr. Decker, please call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye. 1/23/14 - STATED - 2ND READING

Chief Clerk

Councilwoman Blackwell. (Audience members saying, "Speak up.")

Council President Clarke

Folks, please. You had an opportunity to speak.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Goode.

Councilman Goode

Nay.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Council President Clarke

Folks, please. Everybody had an 1/23/14 - STATED - 2ND READING opportunity to speak. Please.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilman O'Brien.

Councilman O'Brien

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

No.

Chief Clerk

Councilman Squilla.

Councilman Squilla

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. 1/23/14 - STATED - 2ND READING

Chief Clerk

Council President Clarke.

Council President Clarke

Aye.

Chief Clerk

The ayes are 14; the nays are three.

Council President Clarke

A majority of all members present voting in the affirmative, the bill passes. Mr. Decker, do you have any additional resolutions?

Chief Clerk

A resolution honoring the St. Joseph's Preparatory School -

Council President Clarke

Hold on, Mr. Decker. Folks, please keep your voices down. Thank you.

Chief Clerk

A resolution honoring the St. Joseph's Preparatory School Varsity Football Team on winning the PIAA AAAA State Championship, introduced by Councilman Kenney.

Council President Clarke

The Chair recognizes Councilman Kenney. 1/23/14 - STATED - 2ND READING

Councilman Kenney

I move 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. That resolution is adopted.

Chief Clerk

And a resolution recognizing and honoring Philadelphia legend Sonny Hill for receiving the Lifetime Achievement Award at the Comcast SportsNet Shining Star Award Ceremony and for his countless contributions to the Philadelphia sports community, introduced by Councilman Kenney.

Council President Clarke

The Chair again recognizes Councilman Kenney.

Councilman Kenney

I move the 1/23/14 - STATED - 2ND READING 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. That resolution is adopted.

Chief Clerk

And a resolution honoring and congratulating James Lafferty for being one of the youngest if not the youngest - officials elected to Sharon Hill Borough Council in Delaware County, Pennsylvania, introduced by Councilman Greenlee for Council President Clarke.

Council President Clarke

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. I move the adoption 1/23/14 - STATED - 2ND READING 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. That resolution is adopted.

Chief Clerk

And a resolution authorizing the Council Committee on Public Health and Human Services to hold hearings regarding Healthy PA, introduced by Councilwoman Tasco.

Council President Clarke

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Clarke

It's been moved and properly seconded. 1/23/14 - STATED - 2ND READING All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. That resolution is adopted.

Chief Clerk

And a resolution authorizing the Council Committee on Public Health and Human Services to hold hearings regarding the Abandoned and Blighted Property Conservatorship Act of Pennsylvania, introduced by Councilwoman Tasco.

Council President Clarke

The Chair again recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Clarke

It's been moved and properly seconded. 1/23/14 - STATED - 2ND READING 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 honoring, recognizing and commending Francesca Ruscio for her extraordinary leadership, service, and activism as Miss Philadelphia 2013, introduced by Councilman Johnson.

Council President Clarke

The Chair recognizes Councilman Johnson.

Councilman Johnson

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

Council President Clarke

It's been moved and properly seconded. All those in favor? (Aye.) 1/23/14 - STATED - 2ND READING

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted.

Chief Clerk

And a resolution authorizing City Council's Committee on Transportation and Public Utilities to hold hearings to examine the status of the claims filed as a result of the July 22nd, 2012 water main break at 21st and Bainbridge and to investigate possible measures to ensure that victims of this instance and future water main breaks are fully compensated for their losses, introduced by Councilman Johnson.

Council President Clarke

The Chair again recognizes Councilman Johnson.

Councilman Johnson

Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.) 1/23/14 - STATED - 2ND READING

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted.

Chief Clerk

And a resolution authorizing the joint Committees on Transportation and Public Utilities and Public Safety to hold hearings to investigate the conditions of railways, bridges and other surface transportation infrastructure owned, operated or maintained by CSX Transportation in the City of Philadelphia, introduced by Councilman Johnson.

Council President Clarke

The Chair recognizes Councilman Johnson.

Councilman Johnson

Mr. President, can I speak on the 1/23/14 - STATED - 2ND READING resolution?

Council President Clarke

Most certainly, sir.

Councilman Johnson

Mr. President and colleagues, I will be calling for hearings to investigate the cause of the recent train derailment on a rail bridge over the Schuylkill River. I've had concerns about the condition of CSX railways and bridges for some time. Even before this incident, my office has been preparing to do work on this issue in the new session. We received a lot of calls and concerns from people about not only the location of the recent derailment but also a number of attached rail bridges such as the one on 25th and Washington in which myself and other elected officials, including Councilman Curtis Jones, the Chairman of Public Safety, will be touring today. These bridges are falling down and are in the state of disrepair. More importantly, as a result 1/23/14 - STATED - 2ND READING of the derailment of the CSX railcars the other day, we could have possibly had a catastrophe resulting in the loss of life. And so we will be calling hearings. A lot of people pass the buck and say the federal government is responsible for CSX bridges and railroads, but I'm a firm believer that if you operate your business within the confines of the City of Philadelphia, we should have a level of holding them accountable. And so I will be partnering with Councilman Curtis Jones, Chairman of Public Safety, and myself as Chairman of Transportation to examine the role that CSX -- how they maintain their bridges, their railways, their infrastructure, what's the City's plan in the event that there is a catastrophe. I mean, if you were on the Schuylkill Expressway driving east or west this past weekend, I mean, to be honest with you, I think it was a shame to see these two railcars just hanging on the side. Even in the midst 1/23/14 - STATED - 2ND READING of it snowing, they still didn't come out and address it until yesterday. And I think to be in an urban environment, I think in certain places this wouldn't have been accepted. They probably would have brought a helicopter out real quick. This company is from Jacksonville, Florida. So this isn't a an easy feat. I know it's going to take some hard work and a commitment to hold them accountable, but if you look at how they maintain their bridges, particularly the one in South Philadelphia -- we'll be touring it again today -- but also throughout the southwest part of my district, filled with trash, debris, and I think it's just a lack of respect of how they operate in the City of Philadelphia. And so I do move for the adoption of this resolution, and we will be hosting hearings to address this issue of CSX and how they operate in the City of Philadelphia. 1/23/14 - STATED - 2ND READING Thank you, Mr. President.

Council President Clarke

Thank you, Councilman. (Duly seconded.)

Council President Clarke

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 will be adopted.

Chief Clerk

And a resolution honoring the accomplishments of Holy Family University President Sister Francesca Onley, introduced by Councilman Green.

Council President Clarke

The Chair recognizes Councilman Green.

Councilman Green

Thank you, Mr. President. I move for the adoption. (Duly seconded.) 1/23/14 - STATED - 2ND READING

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 calling on the City of Philadelphia City Council Committee on Finance to hold hearings concerning the economic impact of the sharing economy and collaborative consumption on the City of Philadelphia, introduced by Councilman Green.

Council President Clarke

The Chair again recognizes Councilman Green.

Councilman Green

I move for the adoption. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded. 1/23/14 - STATED - 2ND READING 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 honoring the African American Children's Book Project on the occasion of the 22nd Annual African American Children's Book Fair, 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.) 1/23/14 - STATED - 2ND READING

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted.

Chief Clerk

And a resolution honoring and celebrating Philadelphia's Living Legends: John F. Street, Ethel S. Barnett, Sylvester M. Johnson, Joyce Batchelor, Samuel Staten, Jr., Doris A. Smith, J. Wyatt (Jerry) Mondesire, Trudy Haynes, and Della Clark in the areas of government, public safety, social justice, civil rights, labor relations, journalism, and community activism in Philadelphia as part of the commemoration of Black History Month, introduced by Councilman Jones.

Council President Clarke

The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. I move for its adoption. (Duly seconded.) 1/23/14 - STATED - 2ND READING

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 calling for joint hearings by the Committee on Public Safety and the Committee on Licenses and Inspections to investigate and explore the need to for a third party structural inspection or an engineering report on residential rental units or fire escapes on residential buildings to be submitted with the City's Housing Inspection License, also known as a Housing Rental License and required for any entity that rents any type of housing unit in Philadelphia, introduced by Councilman Jones. 1/23/14 - STATED - 2ND READING

Council President Clarke

The Chair recognizes Councilman Jones.

Councilman Jones

For the record, that is co-sponsored by Councilman Henon, and I move for its adoption. (Duly seconded.)

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted.

Chief Clerk

And a resolution honoring and congratulating the Good Shepherd Mediation Program on its 30th Anniversary, introduced by Councilwoman Bass.

Council President Clarke

The Chair recognizes Councilwoman Bass. 1/23/14 - STATED - 2ND READING

Councilwoman Bass

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 requesting the Mayor to return to City Council Bill No. 130701-A, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to The Philadelphia Home Rule Charter to permit City elected officials to become candidates for nomination of election to public office without first resigning 1/23/14 - STATED - 2ND READING from their City office," for the purpose of reconsideration by the Council of the vote by which said bill passed Council, introduced by Councilman Oh.

Council President Clarke

The Chair recognizes Councilman Oh.

Councilman Oh

Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.) COUNCIL President CLARKE: It's been moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. That resolution is adopted.

Chief Clerk

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

Council President Clarke

much, Mr. Decker. That concludes our Calendar. The individuals who pressed the names, is that for speeches? We have some special business first, but you've teed up. Duly noted. At this time, we have a special order of business, and I would like to recognize Councilman Oh for a motion regarding special business.

Councilman Oh

Thank you, Mr. President. I move that the rules of Council be suspended to permit consideration of special business at this time. (Duly seconded.)

Council President Clarke

Thank you. It's been moved and seconded that the rules of Council be suspended to permit consideration of special business at this time. All those in favor? (Aye.)

Council President Clarke

opposed? (No response.)

Council President Clarke

The ayes have it, and Mr. Decker will read the letter from the Mayor.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, I am returning herewith, as requested by your resolution adopted January 23, 2014, Bill No. 130701-A, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to The Philadelphia Home Rule Charter to permit City elected officials to become candidates for nomination of election to public office without first resigning from their office," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

Council President Clarke

Thank you. The Chair recognizes Councilman Oh for a motion that Council reconsider which Bill No. 130701-A was passed.

Councilman Oh

Thank you, Mr. President. I would like to make that motion. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded that the vote by which Bill No. 130701-A was passed be reconsidered. All those in favor of the motion please signify by saying aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 130701-A was passed has been reconsidered. The Chair again recognizes Councilman Oh.

Councilman Oh

Thank you, Mr. President. I offer an amendment to Bill No. 130701-A. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)