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Minutes

Stated Meeting, October 30, 2014

Philadelphia City CouncilOct 30, 2014

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COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 30, 2014 10:35 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES KENNEY COUNCILMAN ED NEILSON COUNCILMAN DENNIS O'BRIEN COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,

Chief Clerk Councilman Jones

Good morning, everyone. I note that the hour has come and that a quorum of Council is present. Council will come to order. Members will take their seats. Visitors will retire to the seats outside the railing. Before proceeding, I would ask that all of those present to please set your cell phones on vibrate. Thank you very much. To give our invocation this morning, the Chair recognizes Reverend Mark Tyler from Mother Bethel African Methodist Episcopal Church. He is here today as the guest of Councilman Squilla. I would ask all members and guests to please rise. (Members and guests rise.)

Reverend Tyler

Good morning. (Good morning.)

Reverend Tyler

Let us pray. God of our weary years, God of our silent tears, thou who has brought us way, thou who has by thy might led us into the light, keep us forever in the path, we pray. Lest our feet stray from the places, our God, where we met thee. Lest our hearts, drunk with the wine of the world, we forget thee. God, these are serious times that we live in. We come today to pray as this body of elected officials begin the day's deliberations. We pray for them as they represent the hopes, dreams, and aspirations of 1.5 million residents of the City of Philadelphia and millions more in the surrounding region impacted by their decisions as they wrestle with weighty matters of school funding, living wages, and how best to deal with public utilities, down to the mundane activities of life, like the repair of potholes and the naming of buildings. In all these things they need your divine leading. Don't let them rest as a Council, Lord, until the same prosperity is felt in every neighborhood. Let the same good that has come to Market Street between Old City and University City, Broad Street between Pine and Vine, let that same good come to North Philly, to Southwest Philly, to Frankford and beyond. Let the work of this Council be done in such a way that care and concern is shown not only for the large donors and those who can afford lobbyists, but also for those who are nameless and anonymous, those who are considered to be the least of these. Bless them, therefore, with courage that will rise above fear, hope that will rise above cynicism, vision that will see beyond despair, wisdom that will rise above narrow-mindedness, a law for people that will rise above parties and politics that they may be able to see beyond the parochial needs of their own Council district to see the needs of the public good. then, God, as the words of that old spiritual suggests, guide their feet while they run this race. Guide their feet while they run this race. Guide their feet while they run this race so that they will not run this race in vain. It's in your name that we ask it all. Amen. (Amen.)

Councilman Jones

The Chair thanks the Reverend for his invocation. Council will be at ease. (Council at ease.)

Councilman Jones

The next order of business is the approval of the Journal of the meeting of Thursday, October 23rd, 2014. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. Chairman. I move that the Journal of the meeting of Thursday, 23rd, 2014 be approved.

Councilman Jones

Is there a second? (Duly seconded.)

Councilman Jones

It has been moved and properly seconded that the Journal of the meeting of Thursday, October 23rd, 2014 stand approved. All those in favor indicate by saying aye. (Aye.)

Councilman Jones

Those opposed? (No response.)

Councilman Jones

The Journal is approved. The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Reynolds Brown.

Councilwoman Brown

Thank you, Majority Leader. On behalf of City Council, there are no requests for leaves of absence.

Councilman Jones

The Chair thanks the lady. On behalf of the republicans, are there any requests for leaves of absence?

Councilman Oh

On behalf of the minority, there are no -

Councilman Jones

Councilman Oh.

Councilman Oh

Thank you. On behalf of the minority, there are no requests for leave of absence.

Councilman Jones

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate you taking the time to join us as we attend to our legislative affairs for our city. We certainly invite you to come again. everybody to turn their cell phones to vibrate. At this time, the Chair recognizes Councilman Kenney, who will present a resolution recognizing Barbara Salapek. Would Ms. Salapek and those accompanying her please join the Councilman at the podium. Councilman Kenney is being joined by Councilwoman Blackwell, Councilman Squilla.

Councilman Kenney

Thank you, Mr. Chair. This is a resolution recognizing and honoring Barbara Salapek on her retirement after 25 years as a full-time volunteer at the St. Francis Inn, a soup kitchen and shelter located in the Kensington neighborhood of Philadelphia.

Councilwoman Blackwell

Whereas, Barbara Salapek was born in 1950 in the town of Warren, Pennsylvania. After high school and college, she joined Company, a women's mail order clothing company where she worked as a customer service representative for almost 20 years, making her home in Jamestown, New York; and Whereas, while working at Blair, Barbara became interested in Franciscan spirituality. In 1991, feeling called to reorient her life, Barbara pursued a suggestion to come to Philadelphia to join the Franciscan Volunteer Ministry, a lay volunteer program, as a full-time volunteer at St. Francis Inn; and Whereas, working with the most needy and marginalized of Philadelphia was compelling to her and in 1993 she joined the team of Franciscan friars, Franciscan sisters and lay people who run St. Francis Inn. Ms. Salapek has been a team member ever since and Philadelphia has become her new home; and

Councilman Squilla

Whereas, St. Francis Inn, located at 2441 Avenue, has served the population of Kensington and surrounding neighborhoods seven days a week since December 1979. The Inn provides 10 meals a week to 300 to 450 people and regularly distributes diapers, toiletries and other necessities during the meals; Whereas, St. Francis -- the Franciscans also run a thrift store on Girard Avenue and women's day center on Kensington Avenue near Somerset Street, as well as offering various social services. The Inn provides a mail address service to well over 300 people so that they can receive the needed benefits. In winter, the Franciscans distribute blankets, hats, gloves and other necessities as well. St. Francis Inn operates entirely on private donations; Whereas, Barbara has been an integral part of St. Francis Inn for the past 25 years. A tireless worker in every one of the many roles that the on, she has taken special interest to creating and maintaining a beautiful garden on the grounds of the Inn, which provides a restful haven for the guests during meals. The garden is a place for patrons to socialize and forget the challenges of their lives for a few moments; and Whereas, Barbara has forged long-term bonds with numerous guests, families in need and generations of volunteers from the Franciscan Voluntary Ministry, who see her blend of energy, compassion and wisdom as a source of hope and help; and

Councilman Kenney

Whereas, shortly after his election, one of my favorite people in the world, Pope Francis, said, "He must be inspired by the lowly, concrete and faithful service which marked Saint Joseph, and like him, he must open his arms to protect all of God's people and embrace with tender affection the whole of humanity, poorest, the weakest, the least important, those whom Matthew lists in the final judgment on love: the hungry, the thirsty, the stranger, the naked, the sick and those in prison. Only those who serve with love are able to protect." For 25 years, Barbara Salapek has lived this message. We should all strive to serve our brothers and sisters as she has; now, therefore, be it Resolved, by the Council of the City of Philadelphia, that Council does hereby recognize and honor Barbara Salapek on her retirement after 25 years as a full-time volunteer at the St. Francis Inn. Thank you so much for your service. (Applause.)

Councilman Jones

The Chair recognizes Ms. Salapek for remarks.

Ms. Salapek

I was supposed to say I'm truly honored and surprised. I surprised. I have no idea. It's been a pleasure to be a part of this city and to work with the people that come to our doors every day. Thank you, Councilman Kenney, but I truly am honored. And as all my co-workers, couldn't do it without them. It takes a whole community to support a whole community, and thank you so much. (Applause.)

Councilman Jones

Council will be at ease. (Council at ease.)

Councilman Jones

We want to recognize Ms. Greenberg, who is bringing in a group of students from Ben Franklin High School to join us. Can we acknowledge them. (Applause.)

Councilman Jones

At this time, the Chair recognizes Councilman Greenlee, who will present a resolution on behalf of President Clarke to Meneko McBeth and those accompanying her come to the Council podium with Councilman Greenlee. I see Councilman Oh and Councilwoman Bass have also joined Councilman Greenlee. Councilman Greenlee.

Councilman Greenlee

Thank you, sir. I'm very pleased to present a resolution honoring and congratulating Meneko Spigner McBeth for winning the 2014 Frito-Lay "Do Us A Flavor" contest. Whereas, Meneko Spigner McBeth is a medical-surgical nurse at Temple University Hospital, a world-class medical facility located in North Philadelphia; and

Councilman Oh

Whereas, Meneko's entry in the Frito-Lay "Do Us A Flavor" contest, Kettle Cooked Wasabi Ginger chip, was inspired by her 81-year-old grandmother, Sayoko Wilson, a native of Japan; and Whereas, Meneko's Kettle Cooked Wasabi Ginger chip entry beat out contestants from California, Nevada and Ohio in a highly publicized national contest; and Whereas, Meneko's submission beat three other flavors: Cheddar Bacon Mac and Cheese, Wavy Mango Salsa, and Cappuccino. The four finalists were selected this year from more than 14 million submissions; Whereas, Meneko will receive $1 million or 1 percent of the net sales of her winning chip, whichever is higher; and

Councilwoman Bass

Whereas, the Temple University Hospital family rallied behind Meneko for both her delicious potato chip and her wonderful contributions to the community; and Whereas, Meneko plans to use her winnings from Frito-Lay to help pay for the college education of her three daughters. I say three adorable daughters; and Whereas, Meneko and her husband Christopher McBeth, a financial analyst for the U.S. Navy, are raising their daughters in Pemberton, New Jersey, and thus have earned the pride of the Delaware Valley; and Whereas, Meneko and her family represent the wonderful diversity and determination of those who live and work in Philadelphia; now, therefore, be it

Councilman Greenlee

Be it that I got hungry. Resolved, by the Council of the City of Philadelphia, that it hereby honors and congratulates Meneko Spigner McBeth on winning the Frito-Lay "Do Us A Flavor" contest. Be it further resolved that an engrossed copy of this resolution be presented to Meneko Spigner McBeth, evidencing the sincere admiration and sentiments of this legislative body. This was introduced by myself and is supported by all members of City Council. Ms. McBeth, congratulations. (Applause.) MS. McBETH: I just want to say thank you to the City of Philadelphia. This is a great honor. Growing up in South Jersey just about all my life, Philadelphia is my second home, and working at Temple University Hospital for the past 13 years, I just feel very blessed and honored that you would recognize me for winning this contest. And I just want to say thank you to my husband and my family, my friends and my co-workers and everyone in this state and everywhere in America that helped vote for my chip and make me a millionaire. Thank you. (Applause.)

Council President Clarke

Council will be at ease. (Council at ease.)

Council President Clarke

And, again, congratulations. The next order of business is communications. The Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. Mr. Decker, would you please read those messages.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 of 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission on the following bills: Bill Nos. 140693, 140744, 140745, 140746, 140748, 140749, 140782, 140798, 140799, 140802, 140803, and 140804; and I am pleased to advise you that on October 29, 2014, I signed all the bills which were passed by Council at its session on October 16, 2014. And I am transmitting herewith your honorable body an ordinance authorizing transfers in appropriations for Fiscal Year 2014 within the General Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions; and An ordinance authorizing transfers in appropriations for Fiscal Year 2014 within the Water Fund from certain or all City offices, departments, boards and commissions to the Water Department; and An ordinance authorizing transfers in appropriations for Fiscal Year 2014 within the Aviation Fund from certain or all City offices, departments, boards and commissions to the Police Department and Director of Finance Fringe Benefits; and An ordinance authorizing the Public Property Commissioner, on behalf of the City, to accept from the School to certain parcels of land located within an area bounded by Media Street to the North, North 52nd Street to the East, Master Street to the South, and North Peach Street to the West; and An ordinance authorizing the Commissioner of Public Property to lease from the Philadelphia Housing Authority a parcel of land bounded by a portion of Brown Street, a portion of 47th Street, Aspen Street and Markoe Street, along with the improvements thereon, to be known upon the completion of its construction as the Lucien E. Blackwell Community Center, all under certain terms and conditions.

Council President Clarke

Thank you, Mr. Decker. Do you have any additional communications?

Chief Clerk

I have none, Mr. President.

Council President Clarke

Thank you very much, sir. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Mr. President. I offer one bill.

Council President Clarke

Thank you, Councilman. I want to tell Shump that he better be careful. We might get drone replacement to deliver the bills. Not yet? Okay. There might be an amendment to Councilman Kenney's bill.

Chief Clerk

An ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by adding a new Chapter 10-2300, entitled "Unmanned Aircraft Systems," to regulate the use of unmanned aircraft systems, and create penalties for improper use of said systems.

Council President Clarke

That bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. Today I introduce two bills and one non-privileged resolution.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

An ordinance authorizing the Commissioner of Public Property to lease from the Philadelphia Housing Authority a parcel of land bounded by a portion of Brown Street, a portion of 47th Street, Aspen Street and Markoe Street, along with the improvements thereon, to be known upon the completion of its construction as the Lucien E. Blackwell Community Center.

Council President Clarke

That bill will be referred to committee.

Chief Clerk

And an ordinance authorizing the Public Property Commissioner to accept from the School District of Philadelphia title to certain parcels of land located within an area bounded by Media Street to the North, North 52nd Street to the East, Master Street to the South, and North Peach Street to the West.

Council President Clarke

That bill will also be referred to committee.

Chief Clerk

And a non-privileged resolution naming Leidy Avenue between Girard Avenue and 42nd Street "Dr. Joseph Ginyard Way."

Council President Clarke

That resolution will be on this week's Final Passage Calendar. And the Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. I offer one bill and on your behalf two resolutions.

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance amending Title 12 of The Philadelphia Code, entitled "Parking Regulations and Penalties," by adding new rules and penalties for persons who offer for sale or sell, lease, reserve or facilitate the reserving of any parking space located on a street, roadway, cartway, or portion thereof, owned or controlled by the City of Philadelphia.

Council President Clarke

That bill will be referred to committee.

Chief Clerk

And a privileged resolution authorizing the Council of the City of Philadelphia to hold hearings to investigate the cost and savings of changes made to healthcare benefits for exempt employees of the City of Philadelphia.

Council President Clarke

And that will be on this week's Final Passage Calendar.

Chief Clerk

And a non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area, identified by house number and street address as 3146 Diamond Street.

Council President Clarke

That resolution will be on next week's Final Passage Calendar. The Chair recognizes Councilman Henon.

Councilman Henon

Thank you, Mr. President. I offer one bill today.

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance amending various provisions of Subcode PM of Title 4 of The Philadelphia Code, entitled "The Philadelphia Property Maintenance Code," as it will take effect January 1, 2015 pursuant to Bill No. 120647 (approved January 20, 2014); and further amending The Philadelphia Code by updating cross-references to Subcode PM that now appear in other Subcodes of Title 4.

Council President Clarke

That bill will be referred to committee. And the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Mr. President, I have no bills or resolutions today.

Council President Clarke

Thank you, Councilwoman. The Chair recognizes Councilman Johnson.

Councilman Johnson

Thank you, Mr. President. I have three bills and one non-privileged resolution.

Council President Clarke

Thank you, Councilman.

Councilman Johnson

You're welcome.

Chief Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by South Street, 15th Street, Kater Street, and 16th Street, by amending Section 14-500 of the Zoning Code, entitled "Overlay Zoning Districts."

Council President Clarke

That bill will be referred to committee.

Chief Clerk

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 Chancellor Street, 16th Street, St. James Street, and 17th Street and to amend Section 14-800 of the zoning code, entitled "Parking and Loading."

Council President Clarke

That bill will be referred to the appropriate committee.

Chief Clerk

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 South Street, Schuylkill Avenue, Christian Street (Extended), and the Schuylkill River.

Council President Clarke

That will also be referred to committee.

Chief Clerk

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 Thirty-Sixth Ward of the City of Philadelphia.

Council President Clarke

And that will be on next week's Final Passage Calendar. The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

Thank you, Mr. President. No bills or resolutions today.

Council President Clarke

Thank you, Councilwoman. The Chair recognizes Councilman Neilson.

Councilman Neilson

Thank you, Mr. President. No bills or resolutions today.

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilman O'Brien.

Councilman O'Brien

Thank you, Mr. President. I have no bills or resolutions today.

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Mr. President. I offer four bills, three on behalf of the Administration.

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance establishing a new Chapter 17-2200 of The Philadelphia Code, entitled "Labor Peace Agreements For Hotels Where The City Has a Financial Interest," by requiring a labor agreement to protect the City's proprietary interest in hotel operations which lease property from the City or are financed with City assistance.

Council President Clarke

That bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing transfers in appropriations for Fiscal Year 2014 within the General Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.

Council President Clarke

That bill will also be referred to committee.

Chief Clerk

And an ordinance authorizing transfers in appropriations for Fiscal Year 2014 within the Water Fund from certain or all City offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions.

Council President Clarke

That bill will be referred to committee.

Chief Clerk

And an ordinance authorizing transfers in appropriations for Fiscal Year 2014 within the Aviation Fund from certain or all City offices, departments, boards and commissions to the Police Department and the Director of Finance - Fringe Benefits.

Council President Clarke

And that bill will be referred to committee. And the Chair recognizes Councilwoman Reynolds Brown.

Councilwoman Brown

Thank you, Mr. President. I offer one resolution co-sponsored by Councilmembers Oh, Johnson, and Bass.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

A privileged resolution proclaiming November 14, 2014 through November 22, 2014 as "State of Young Philly Week" in Philadelphia.

Council President Clarke

And that resolution will be on this week's Final Passage Calendar. And the Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. I have one bill and one non-privileged resolution submitted on your behalf.

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by creating a new Central Roxborough /NCO for the area generally bounded by Henry Avenue, Acorn Street, Ridge Avenue, Hermitage Street, Silverwood Street, Leverington Avenue, Fleming Street, Monastery Avenue, Dexter Street, Roxborough Avenue, Manayunk Avenue, Rector Street, Mitchell Street, Roxborough Avenue, Ridge Avenue, Green Lane, Jannette Street, Monastery Avenue, and Henry Avenue.

Council President Clarke

That bill will be referred to committee.

Chief Clerk

And a non-privileged resolution appointing Michael Piper to the position of Chief Assessment Officer of the Office of Property Assessment.

Council President Clarke

That resolution will be referred to committee. And the Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Mr. President. I have no bills or resolutions.

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilman Squilla.

Councilman Squilla

Thank you, Mr. President. No bills or resolutions today.

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilwoman Bass.

Councilwoman Bass

Thank you, Mr. President. I have one bill.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

An ordinance amending Title 6 of The Philadelphia Code, entitled "Health Code," by amending Section 6-503, entitled "Licenses and Permits," to provide for additional requirements relating to food establishments.

Council President Clarke

That bill will be referred to committee. And the Chair recognizes Councilman Oh.

Councilman Oh

Thank you, Mr. President. I offer four privileged resolutions co-sponsored by Councilmembers Squilla, Henon, Bass, Quinones-Sanchez, and Neilson. Thank you.

Council President Clarke

Thank you, Councilman.

Chief Clerk

A privileged resolution Commemorating the Dedication of an Official State Historical Marker that Recognizes and Honors Edison High School and its Former Students who died in the Vietnam War.

Council President Clarke

That resolution will be on this week's Final Passage Calendar.

Chief Clerk

And a privileged resolution Celebrating, Honoring, and Thanking American Veterans of the Vietnam War.

Council President Clarke

This week's Final Passage Calendar.

Chief Clerk

And a privileged resolution Welcoming The National Wrestling Coaches Association On The Occasion Of The Return To Philadelphia Of Its All-Star Classic Wrestling Competition For The Third Time In Its History And For The First Time In 23 Years On November 1, 2014.

Council President Clarke

That will be on this week's Final Passage Calendar.

Chief Clerk

And a privileged resolution Welcoming And Recognizing 2014 World Bronze Medalist Helen Maroulis Of The United States And Jillian Gallays Of Canada On The Occasion Of Their Participation In The First-Ever National Wrestling Coaches Association Women's Wrestling Match In Philadelphia On November 1, 2014.

Council President Clarke

And that will also be on this week's Final Passage Calendar. Thank you. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Mr. President, I offer one resolution on your behalf.

Council President Clarke

Thank you.

Chief Clerk

A privileged resolution authorizing City Council's Committee of the Whole to hold hearings to fully explore opportunities to further as an energy hub.

Council President Clarke

And that resolution will be referred to committee -- I'm sorry. Will be on today's Final Passage Calendar. Thank you. That concludes our introduction of bills and resolutions. The next order of business is reports from committee. The Chair recognizes Councilman Kenney for a report from the Committee on Labor and Civil Service.

Councilman Kenney

Thank you, Mr. President. The Committee on Labor and Civil Service reports two bills out with favorable recommendations.

Council President Clarke

Thank you, Councilman. Mr. Decker, please read the report.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Labor and Service, to which was referred Bill No. 140741, entitled "An ordinance amending Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' to expand the scope of 'Plan '10' and 'DC Plan' to cover additional employees, including employees represented by District Council 33, and certain employees not covered by a collective bargaining agreement"; and Bill No. 140743, entitled "An ordinance amending Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' to expand the scope of 'Plan '10' and 'DC Plan' to cover additional employees, including elected officials, to change contribution rates, and to make technical amendments," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Council President Clarke

Thank you. Councilman Kenney.

Councilman Kenney

Thank you, Mr. President. I move the rules of Council be suspended so as to permit first reading this day of Bills 140741 and 743. (Duly seconded.)

Council President Clarke

Thank you. It has moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 140741 and 140743. All those in favor say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and they will be placed on our First Reading Calendar today. That concludes our reports from committee, and the next order of business is consideration of the Calendar. I note 2ND READING that those bills just reported from committee have been deemed to have had a first reading and will be placed on our Second 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 Jones for the purpose of calling up resolutions and bills on the Final Passage Calendar today.

Councilman Jones

Thank you, Mr. President. The following resolutions and bills are being called up from Second Reading and Final Passage Calendar today: Nos. 140835, 140836, 140838, 140839, 140840, 140841, 140748, 140749, 140693, 140055, 140608, 140723, 140637, 140718, 140720. All other resolutions and bills are being held.

Council President Clarke

Thank you, Councilman. Before considering these bills and resolutions, we will have our public comment session. It 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, I would ask that you sign up at the table to my left. When your name is called, you will go to the podium in the middle of the Council Chambers. There is a device on that podium. There's a light. 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, and when the light turns red, we'd ask that you please adhere to the guidelines and conclude your remarks. You will be given three minutes to testify. Thank you very much for your compliance. Mr. Decker, would you please read the name of the first witness.

Chief Clerk

Joe Eastman, commenting on 140695. (Witness approached podium.)

Mr. Eastman

Good morning.

Council President Clarke

Good morning.

Mr. Eastman

My name is Joe Eastman. I'm a resident of South Philadelphia. I'm a taxpayer. But I'm here in probably my most important role and the one that I enjoy the most, and that's as a veteran for the United States military. I'm actually for this, having done work with previously incarcerated people, but I would like you today to think about something and perhaps in a little bit different context. I would submit to each of you that Philadelphia has had a long history of returning citizens. Some of you may know them as military veterans. These are men and women who voluntarily raised their right hand, swear an oath or allegiance to this great country, go where they're ordered to go, and do whatever they're ordered to do, no matter how difficult, unpleasant or dangerous. These same returning citizens or returning military veterans have fought in World War II, Korea, Vietnam, Desert Storm, Bosnia, Grenada, Somalia, Panama and, of course, Afghanistan and Iraq. These men and women, these returning citizens that come back are members of the best trained, best educated, most technically advanced military this world has never known, unfortunately some of my brothers and sisters we pass on the street every day. These are the ones that are using an alley for a bathroom, sleeping in a doorstep if they don't get scooted away, and are walking around the City trying to find a meal. Every day we pick up the paper and we see somebody talking about, rightly so, rightly so, about all the development that's going on in this city, be it the new Comcast Center, be it the new Mormon headquarters, be it Market East, be it the apartment hotel complex at my old stomping grounds at Broad Street Ministry or these new towers that are being developed in University City. Very few times, and I can probably count on one hand, do I ever hear the term "veteran" used in that touting of this new job creation. I would just leave you with this: This is the Year of the Veteran. I tell people all over the country that this is probably the most veteran-friendly city. And I have lived all over this country in a 25-year military career. This is probably the most veteran-friendly city. We have six months left. We appreciate the proclamations. We appreciate our Year of the Veteran, but we've got to do something about getting our returning men and women hired. These men and women are qualified. I'll leave you with this: Do not, do not believe what you read in the papers about all the problems in the veterans community being resolved in 2015. It is not going to happen. We don't know where all these people are, and they are going to surface. We need to help them wherever we can and getting them jobs as someone stepping up and being a champion is a great way to start. Thank you for the time. (Applause.)

Council President Clarke

Thank you. Thank you so much for your testimony. And, again, thank you for your service.

Chief Clerk

William Mackey, commenting on 140637. (Witness approached podium.)

Council President Clarke

Good morning.

Mr. Mackey

Good morning. My name is William Mackey. I'm a Philadelphia youth advocate all my life, and I want to say thanks to this Council for considering to ban toy guns in the City of Philadelphia. About ten years ago, me and a group of young people used to meet at Broad and Girard and we used to smash toy guns at Broad and Girard and protest the stores to stop the sale of toy guns in the City of Philadelphia. And there's a gentleman around here you know, Tumar Alexander, who used to come down there and do that with us, and Councilman Johnson used to come volunteer at City Wide too. So I just want to say thank you, but this safety issue goes beyond the toy guns issue, Council. If you will take a look at safety with young people, I think young people have left us maybe 40 or 50 years in the dark down the road because their communication. We have to be innovative and take the resources that exist to put young people at the forefront. I mean, the resources that's here that we need to do that, like a smart youth card. The school ID card should be a smart card for curfew, DHS, health, library, everything, and SEPTA card. If you take all those entities, Councilman Jones, if you take all of those entities and put the computer people in one room and say come out with a smart card, it will be done. If you take all the program analysts and put them in a room and say create deliverables for young people using the smart card, it would be done. If you take program developers and create after-school resources with the smart card, every time a kid, a youth make honor roll, so many points go on their smart card. I mean, let's think about it. We have to be innovative. We got the minds in the City. Pull them together. I think, Councilman Johnson, this bill opens up a door to look at youth, children and youth, public safety in a whole lot of other ways. This Council could do it. Thank you. And my young people that used to march tell me to tell y'all thank you. Some of them is doctors and lawyers right now. Y'all walk into them every day. They say thank you. Have a good day.

Council President Clarke

Thank you for your testimony. (Applause.)

Chief Clerk

Hillary Linardopoulos, commenting on 140836. (Witness approached podium.)

Council President Clarke

Good morning.

Ms. Linardopoulos

Good morning. Good morning, Councilmembers. I want to thank all Councilmembers for this resolution, which is another example of City Council's consistent support and belief in the educators and students in Philadelphia's public schools. I'm commenting today on behalf of PFT President Jerry Jordan, and we have always believed that collective bargaining is about much more than salary and benefits. It is a critical process, one that brings employer and employee representatives to the table to figure out how we can provide the best education for children. Since the School Reform Commission was established, the PFT has been able to successfully negotiate three contracts. The most recent agreement was lauded for revolutionary provisions designed to improve the way Philadelphia's teachers are supported and retained. Though we have been through difficult contract negotiations before, this is the first time that the SRC has made a unilateral decision to stop negotiating, claim impasse, and hold a barely public stealth meeting on October 6th to announce the cancellation of the contract. Not only has the SRC's actions to this point been outrageous, they are utterly without merit. For the record, I want to clarify a couple of critical misconceptions being promoted by the District and the SRC. First, the PFT and the District are not at impasse. Even after 21 months of negotiating, the PFT never lost faith in our ability to arrive at an agreement at the bargaining table. Second, it is not true that the PFT hasn't offered significant savings in healthcare. Last year the PFT offered proposals that would have saved the District $24 million. Had they accepted our offer, this year's fiscal crisis would have been far less dire. The PFT wants to return to the bargaining table, but let's be clear. Successful negotiations require both parties be willing to compromise for the greater good of our schools and our children. The "my way or the highway" approach adopted so far by the SRC is unacceptable. The PFT will not agree to terms that would place undue fiscal financial burdens on educators who are underpaid and currently spend thousands of their own dollars on school supplies and other items for school children. We will also not agree to contract terms that free the District from their responsibility to provide basic school programs and services, like a full-time counselor in every school, which is also a provision of the contract. The PFT, like all of you, wants to resume contract talks with the District. We are ready to negotiate in good faith. We believe that we will make much faster progress when the SRC decides to devote less time and resources to sabotaging the current agreement and more time to negotiating a new contract with the PFT. And, again, thank you all for this resolution.

Council President Clarke

Thank you so much for your testimony. (Applause.)

Chief Clerk

Patrick Duff, commenting on 140720. (Witness approached podium.)

Council President Clarke

Good morning.

Mr. Duff

Good morning. So I want to comment on two different bills, the hate crime bill and also the plan for the prisoners. You know, the plan to take the money, the $500,000, from the Prisons and move it into this program is a good plan, but I think it's already been tried. And the suggestion I'd have to make is if you want to clean up the lots in the City -and I'm an entrepreneur. I've opened my own businesses before. You can literally open up a landscaping business for well under $50,000 and have a professional business, have a truck, have the mowers, have all the equipment. You can also, if you really wanted to do it, you can open up a much larger one where you can employ many people, including veterans and ex-prisoners. And what you should do with that $500,000, plus the $750,000 that the feds just gave you for the program is, I think what you should do is you should put that into small business investment so people can open up their own landscaping companies. That would provide not only jobs, but it would also provide a way to get the revenue back to the City. It's not about social welfare all the time and just giving the money, because it doesn't work that way. It obviously hasn't worked for thus long. It hasn't worked for PGW. We got to run the City more like a business. This is a business. We need to make money to stay in business. The second is the hate crime. I don't know if you guys realize it, but hate crimes go a lot of ways. They can go against gay people, black people, and they can also go against random individuals such as the knockout game. So I think what you should do with your new hate crime initiative or bill that adds in certain different types of people that are protected, you should also protect people against random acts of violence of the knockout game. So if somebody is walking down the street, they have a thought in their head if they're going to play this little game against whatever citizen it may be, this random attack that they're going to do, and they're going to have a thought of a little bit of an extra sentence due to that. Now, thirdly, I just want to present you with this. This is a lawsuit against the City that I had to file because you guys don't allow open public comment. I'm sure PGW would like to speak openly. I'm sure everybody would like to speak openly in the City. What this does is, this actually is going to allow people to have open public comment, as the Sunshine Act and the First 10/30/14 - STATED - 2ND READING Amendment allow us to do, 146079 filed in the Eastern District. I'll leave it on the podium here for anybody to pick it up. I really appreciate the time. You guys are an awesome Council, very progressive, and let's make this city a better place. Thanks.

Council President Clarke

Thank you very much for your testimony. (Applause.)

Chief Clerk

There are no other speakers on the public comment list, Mr. President.

Council President Clarke

Thank you very much. We will now consider the Calendar, and, Mr. Decker, can you please read the title of 130541 -- I'm sorry. Mr. Decker, 140835.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the 10/30/14 - STATED - 2ND READING 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 Sixth and Forty-Fourth Wards of the City of Philadelphia.

Council President Clarke

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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 140835 is adopted. Mr. Decker, 140836. 10/30/14 - STATED - 2ND READING

Chief Clerk

A resolution urging the School Reform Commission to resume contract negotiations with the Philadelphia Federation of Teachers.

Council President Clarke

The Chair again recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. That was signed by all members of Council and I move for its adoption. (Duly seconded.)

Council President Clarke

It has 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 140836 is adopted. Mr. Decker, 140838.

Chief Clerk

A resolution 10/30/14 - STATED - 2ND READING 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 Eighteenth Ward of the City of Philadelphia.

Council President Clarke

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

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

Council President Clarke

It has 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 140838 is 10/30/14 - STATED - 2ND READING adopted. Mr. Decker, 140839.

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 Twenty-Eighth Ward of the City of Philadelphia.

Council President Clarke

Thank you. The Chair again recognizes Councilman Greenlee.

Councilman Greenlee

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

Council President Clarke

It's been moved and properly seconded. All those in favor? (Aye.) 10/30/14 - STATED - 2ND READING

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and Resolution 140839 is adopted. Mr. Decker, 140840.

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 recognizes Councilman Johnson.

Councilman Johnson

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

Council President Clarke

It's 10/30/14 - STATED - 2ND READING 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 140840 is adopted. Mr. Decker, 140841.

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 Johnson.

Councilman Johnson

Mr. President, I move for the adoption of 10/30/14 - STATED - 2ND READING 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 140841 adopted. Mr. Decker, 140748.

Chief Clerk

An ordinance amending Bill No. 140145-A, entitled "An ordinance to adopt a Fiscal 2015 Capital Budget," by adding and revising certain projects, amounts and sources.

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 10/30/14 - STATED - 2ND READING Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.