The 3/27/14 - STATED - 2ND READING ayes have it, and Bill No. 130656 is on the Suspension Calendar. Mr. Decker, 140004.
An ordinance authorizing Liberty Property 18th and Arch, owner of the property at 1800 Arch to be improved with an office tower and hotel, to install security bollards on and under Arch Street, North 18th Street, North 19th Street and Cuthbert Street, and bike racks and benches on and under Arch Street, adjacent to 1800 Arch Street.
This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Aye. The ayes are 16; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, 140007.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by relocating the curblines of Cuthbert Street, from Eighteenth Street to Nineteenth Street, thereby increasing the cartway width of said Cuthbert Street, 3/27/14 - STATED - 2ND READING and by regrading Eighteenth Street from John F. Kennedy Boulevard to Arch Street, and regrading Cuthbert Street from Eighteenth Street to Nineteenth Street, thereby raising said Eighteenth Street and Cuthbert Street.
Before calling the roll, let the record reflect that the vote on 004 was 15-0. Councilman Goode is absent today. Now 140007. This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, please call the roll on that bill.
Aye. The ayes are 15; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, 140008.
An ordinance authorizing Liberty Property 18th and Arch to construct, use and maintain, an underground pedestrian tunnel crossing the Unit block of 18th Street and extending the existing underground transit concourse westward between 18th Street and an underground utility vault.
This bill has been read on two separate days. 3/27/14 - STATED - 2ND READING The question is shall the bill pass finally. Mr. Decker, call the roll.
Aye. The ayes are 15; the nays are zero. A majority of members present voting in the affirmative, the bill 3/27/14 - STATED - 2ND READING passes. Mr. Decker, please call the title of 140095.
An ordinance amending Chapter 10-600 of The Philadelphia Code, entitled "Public Places-Prohibited Conduct," by adding a new Section to prohibit the use of Electronic Smoking Devices in public places and in the workplace.
This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Aye. The ayes are 15; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, 140096.
An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by clarifying penalties for violations of Section 9-622, entitled "Cigarettes and Tobacco Products," and by adding a new section to prohibit sales of electronic smoking devices and unapproved nicotine delivery products to minors. 3/27/14 - STATED - 2ND READING
This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Thank you, Mr. President. I'll be brief. First of all, I want to thank the members of Council for supporting the previous bill, 140095, to ban the sale of electronic cigarettes to minors. I think that was a very sensible bill that even the tobacco industry couldn't figure out how to oppose it. But what you've heard or what you've gotten over the last week or two, including ads on the radio and what you heard today, I believe, with all due respect, have had a lot of misstatements and hyperbole. I just want to state a 3/27/14 - STATED - 2ND READING few facts before we vote on this bill. Fact: Electronic cigarettes are a totally unregulated product. We are proposing reasonable regulations, not a ban, to protect the health of people. We do not know exactly what ingredients or the level of ingredients that are in a lot of these products. And when we talk about these products, we're not talking about just simply what was shown today. We are talking about all kind of different products, as somebody once described as the Wild Wild West products. Many of them look like cigarettes, and most of them do emit vapor. That was a good show that was put on here, but most of them, even the editorial in the Inquirer today, the picture that accompanied it showed someone emitting vapor. We don't know what's in all that vapor, despite what was said today. And I want to point out that 1.5 million people are in the City; 1.4 million do not use electronic cigarettes. 3/27/14 - STATED - 2ND READING I think we have to base our decisions on the majority of that 1.4. Another fact: The three largest cities in the United States - New York, Los Angeles, and Chicago - and the entire State of New Jersey, among others, have passed similar indoor use regulations. Fact: Supporters of this bill include the University of Pennsylvania Lung Center, the Kimmel Cancer Center at Thomas Jefferson University, the Philadelphia County Medical Society, Independence Blue Cross, health professionals at Temple University, and our present Health Commissioner, Dr. Don Schwarz, and as you heard today, our past Health Commissioner, Dr. Walter Tsou, I think people and organizations that you would call certainly mainstream in the health industry. Fact: If people want to use them for smoking cessation to quit smoking, please go right ahead. We hope 3/27/14 - STATED - 2ND READING it helps. We hope it works. Although there have been no studies; in fact, a study just came out the other day, that showed there are no direct correlation between electronic cigarettes and quitting smoking. But, again, if that makes people comfortable, if they think it works for them, please do it, but do it in a safe manner that does not affect other people. And, finally, fact: The big tobacco companies are the impetus behind the opposition to most of this bill. They have the lobbyists working the halls. And nothing against the lobbyists. They're doing their jobs representing their clients. The tobacco companies funded the radio ads that we've been hearing the last few days. They produce a lot of the electronic cigarettes. They market them. It's their products. They're making money off of them. Do I have to remind people of 3/27/14 - STATED - 2ND READING the history, the history that for decades tobacco companies lied, lied, lied to the public about the effects of cigarettes, about the effects of thirdhand smoke -secondhand smoke, probably thirdhand too. Secondhand smoke of cigarettes. So now they're saying, Trust us, this product is safe, we would not harm you. Really, Mr. President? Really? Do we trust them? I'm sorry. I don't. Again, this is a reasonable bill that provides reasonable regulations in the City of Philadelphia, and I respectfully ask all Councilmembers to support it. Thank you very much, Mr. President.
Thank you, Councilman. We will start over again. This bill has been read on two separate days. The question is shall the bill pass finally. Mr. Decker, please call the 3/27/14 - STATED - 2ND READING roll.
Aye. The ayes are 15; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, do you have any 3/27/14 - STATED - 2ND READING additional resolutions.
A resolution honoring the students and teachers of Academy at Palumbo High School in South Philadelphia for their achievements in winning one of five prizes in Samsung's nationwide Solve for Tomorrow contest which includes $140,000 in new technology for their school, introduced by Councilman Kenney.
Mr. President, I move the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The 3/27/14 - STATED - 2ND READING ayes have it, and that resolution is adopted.
And a resolution recognizing and honoring Angel Luis Lozada on the occasion of his retirement from WPVI after a long and distinguished career in journalism, introduced by Councilwoman Quinones-Sanchez.
The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Mr. President. I move for the adoption. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and that resolution is 3/27/14 - STATED - 2ND READING adopted.
And a resolution recognizing and honoring the achievements of the 2013-'14 Martin Luther King High School Boys' Basketball Team, introduced by Councilwoman Bass.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and that resolution is adopted.
There are no other resolutions on the Final Passage Calendar, Mr. President.
Thank you very much. It is time for speeches on behalf of the minority. (No response.)
There being none, we will move to the majority, and the Chair recognizes Councilman Jones.
Thank you, Mr. President. Last week we spoke about the looming negotiations between SEPTA and the TWU SEPTA workers. You and 14 other members -- 13 other members of this body signed on to a letter urging arbitration for this matter to avoid a strike. Today I rise to thank our colleagues at the state level, particularly represented by Representative Jordan Harris today, who equally put together a letter urging for that arbitration to avoid a strike, and 28 members, 28 members joined us in urging the talks between SEPTA and TWU. Particularly I want to thank you, Mr. President, because this body has begun working with state House members in an unprecedented manner, and those kinds of conversations have resulted in these kinds of collaboration. I want to thank you on behalf of all of the ridership that takes this to work, to play, to school in an effort to avoid a work stoppage. And hopefully they've heard us and urge them to do the right thing and continue to talk and avoid a work stoppage. I want to thank you and our guest today, State Representative Jordan Harris. Thank you very much.
Thank you, Councilman. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. Two items. First, tragic day in Boston. The City of Boston and the Boston Fire Department lost two of its members fighting a nine-alarm blaze on Beacon Street in the City of Boston. I know I speak for you and for all here in the room and for the entire City as we send our love and condolences to the families of Lieutenant Edward Walsh and Firefighter Michael Kennedy. They certainly made the ultimate sacrifice for their citizens, as our folks put their lives on the lines every day both in the Police and Fire Department. So I wanted to just mention that. It was a very tragic day for the City of Boston. Tuesday I had the privilege to meet with the Criminal Justice Advisory Board, and as you know, today I've held Bill No. 140001-A. Everyone I've talked to regarding the non-custodial arrests of small amounts of marijuana possession have all agreed with me. The Police Department, the District Attorney's Office, the Courts, everyone thinks that arresting 4,200 of our citizens, 83 percent of whom are African American, and with 76 percent of our pedestrian stops by the Police stopping African Americans in our city, that there is a large amount of inequity in how we enforce the law relative to the possession of marijuana. No one is suggesting that we're urging people to smoke marijuana, but I am simply saying that based on the loss of police services on our street of 17,000 hours a year to handcuff, photograph, fingerprint, lock up, and process 4,200 of our citizens for the de minimis action of having under an ounce of marijuana on their possession, everyone agrees that this is a dumb thing to do and it should be stopped. The Mayor has the ability to issue an Executive Order to order the Police Department to cease mandatory custodial arrests of marijuana possession, to take the contraband off of person, to take their information and pass it on to both the Court and the District Attorney so an appropriate summons process could be conducted. I was going to run this bill today, but I decided based on the request from Judge Sheila Woods-Skipper, who is the Chairperson of the Criminal Justice Advisory Board and the Supervising Judge of the Common Pleas Court, who I find to be an honorable, decent, intelligent, forthright individual, I decided not to run the bill. She asked for the opportunity to put together a subcommittee that would try to get this done administratively. And I respect her request and will follow that request. But I want to make sure it's very clear for the record that I will not wait forever. This will not be drug out for three, four, six months, a year while young people in our city are disproportionately arrested, put through the traumatic process of an arrest, and record that they need to carry with them while they try to find employment and keep their lives on the straight and narrow. It's not fair, and it should stop. It has stopped in many cities in our country, and even in Pennsylvania, which is not exactly the most progressive state in the nation on many social issues and crime issues, Pittsburgh has not been arresting people for years. Montgomery County, Pennsylvania has not been arresting people for quite some time. Why is it that Philadelphia finds itself in a position to make this obvious wrong a correctable issue when everyone in the criminal justice community agrees it's wrong. So I'm holding this bill, as you know. I will see what kind of progress we make, but I intend to run the bill at some point in time if it's not resolved, and there's always the option of Federal Court to make sure that the stop this inequity from continuing.
Our young people have enough difficulty as it is keeping straight, getting a job, raising families without having the burden of an additional arrest record for the simple de minimis action of carrying a small amount of marijuana. So I thank my colleagues for their support and input. I thank the CJAB for their openness, and I thank Judge Sheila Woods-Skipper for her leadership, and I look forward to having some positive result. Thank you, Mr. President.
Thank you, Councilman. The Chair recognizes Councilman Johnson.
Thank you, Council President. Just a small announcement about an initiative that we're doing in the 2nd Councilmanic District on April the 12th. Myself and wife, Dawn Chavous, who is the founder of an organization called Sky Community Partners, as well as the DeSean Jackson Foundation, we will be hosting the Point Breeze 5K Run/Walk and Health Fair bringing awareness to those who have been victims and those who have suffered from the disease of pancreatic cancer. This is a very, very deadly disease that usually when an individual finds out that they are suffering from pancreatic cancer are pretty much at the last minute. So we're going to be doing a 5K run/walk raising awareness, but also funds for the DeSean Jackson charitable organization to find a way that we can -to focus on finding a way on finding a cure to address this deadly disease. It's going to take place on Saturday, April the 12th in the Point Breeze community, leaving from 24th and Wharton at Wharton Square Park. Anyone that's interested in organizing a team to benefit, please log on to Facebook, Point Breeze 5K Run/Walk or also get in contact with my office. Thank you very much, Mr. President.
Thank you, Councilman. Very important initiative. The Chair recognizes Councilman Henon.
Thank you, Mr. President. I'm not sure if many people who are sitting here today, aside from the members of this legislative body, understand or know what CCAP stands for. It's the County Commissioners Association of Pennsylvania, and it was created in the late 1880s to weigh in and advise the State Legislature on important issues, and a lot of issues they support and oppose. It is my honor and pleasure to state here today that there was an anti-Work and Family resolution that was withdrawn because of the support of this letter which all members signed on to. It was withdrawn. And what it does, it was supporting state legislation that interferes with the collective bargaining process, and you see that happening all too much these days. People just run to the legislative body to try to circumvent the collective bargaining process. It almost seems like it's a fad. Let's go to the Supreme Court, let's invoke our legislative prerogative or rights. That's wrong. It's 2014. We have great labor-management cooperation teams. Everybody is reasonable and smart adults that can sit down and bargain. When you talk about work rules, when you talk about the health and safety of members that belong to a union, that means the principles that we all live by every day and looking to have a respectful retirement, to have healthcare and to go to work with dignity, and that's all anybody asks for. right to be represented, and when a body chooses to intervene or take action in that process, I find it quite offensive when, again, we just run to a legislative body or another process or civil service committee. I just think it's wrong. So I just want to thank all my colleagues standing with Work and Families of the State of Pennsylvania and this Commonwealth in keeping the sanctity of collective bargaining strong and vibrant. So thank you all.
Thank you, Councilman. And the Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. As we continue to deliberate this budget season, after careful consideration following our most recent hearing from the Committee on Education concerning the benefits of early childhood education in our city, we internal meetings with all of you to explore the possibility of introducing legislation that would propose to alter the Charter so that money dedicated each year to Childhood Education Facilities Improvement Fund will come out automatically. While dedicating these dollars is but one step, this action certainly would be an improvement to making sure that a full and just education is provided to all of Philadelphia's children. We look forward to discussing this possibility and will be in touch with each of your offices for further discussion. Thank you.
Thank you, Councilwoman. And that concludes our speeches, and with that, I will call on Councilwoman Reynolds Brown for a motion to adjourn.
Yes, Mr. President. Again, I want to seize the opportunity to alert, offer a friendly reminder to colleagues to join us to meet the new head of the Women's Way briefing immediately following City Council across the hall, and following that will be the wonderful reception to celebrate Belmont Mansion. I move now that Council stand adjourned until Thursday, April 3rd, 2014 at 10:00 a.m. (Duly seconded.)
It's been moved and properly seconded that Council stand adjourned until Thursday, April 3rd, 2014. All those in favor? (Aye.)