Stated Meeting, December 1, 2011

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 1, 2011 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,

Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair recognizes Reverend Dr. Curtis Jones, Pastor of Calvin Church. He is here today as the guest of Councilman Jones, who I understand there's no relationship. I would ask all members and guests to please rise. (Members and guests rise.)

Good morning.

Good morning.

Madam President, I greet you all in the name of our Lord and Savior. We pray now that heads and level your hearts. Almighty and Gracious God, we give you thanks, and we acknowledge that every good and perfect gift comes from above. We pray now that you would bless this session, Dear Lord. Grant us creativity and energy to do the business of the people. We pray that we are led by the power of all things holy. And so we ask, Dear Lord, that you would mind us to be sensitive to the poor and the needy. We pray that we might be that voice of balance, Dear Lord, between opposing sides and find the common ground for the better good. And then we pray your blessings, Dear Lord, upon those who are most in need on this day, the homeless. We acknowledge, Dear Lord, that domestic violence has gone on for far too long. We pray that you would help us to check greed, and we stand, Lord, ready to do justice. In the name of our Lord and Savior, and all of God's people said, amen. (Amen.)

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

I see in the audience we have State Representative Babette Josephs with us this morning. If she's here, we would certainly welcome you. Welcome. (Applause.)

The next order of business is the approval of the Journal of the meeting of Thursday, November 17th, 2011. The Chair recognizes Councilwoman Tasco.

Thank you, Madam President. I move that the Journal Thursday, September 17th, 2011 be approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of Thursday, November 17th, 2011 stand approved. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the Journal is approved. The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Tasco.

Thank you, Madam President. On behalf of the majority, we have no requests for leave of absence.

Thank Councilman O'Neill.

Madam President, on behalf of the republicans, there are no requests for leave of absence.

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize 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 your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. Councilwoman Tasco, has your guest arrived?

Not yet.

Then we'll go on with the calendar. business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.

To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 and 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission regarding the following bills: Bill Nos. 110670, 110765, 110717, 110718, 110719, 110795 and 110797; and I am also transmitting letters reflecting that the Commission has tabled the action on Bill Nos. 110762 and 110763 and requested that Council withhold final consideration of those bills until after the Commission's meeting on December 13, 2011; and I am also transmitting a letter reflecting that the Commission has tabled 110761, but has not requested more time for consideration of that bill before Council acts; and I am pleased to advise you that on November 29, 2011, I signed all of the bills that were passed by Council at its session on November 17, 2011; and I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Melville Urban Renewal Area, designated as Parcel No. 2A and also sometimes identified by house number and street address as 4508 Rear Kingsessing Avenue; and A resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a Urban Renewal Area, designated as Parcel No. 2B and also sometimes identified by house number and street address as 4510 Rear Kingsessing Avenue; and A resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Greenway Urban Renewal Area, designated as Parcel No. 27 and also sometimes identified by house number and street address as 4916 Kingsessing Avenue; and A resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of the Upland Urban Renewal Area, designated as Parcel No. 4 and also sometimes identified by house number and street address as 4713 Upland Street; and An ordinance authorizing the Director of Commerce and the Director of Finance to enter into a multi-year agreement or agreements with the Philadelphia Authority for Industrial Development, the Redevelopment Authority of City of Philadelphia, and other parties as necessary concerning the parking garage project constructed as part of the overall Market Street East-Gallery II Redevelopment Project, all under certain terms and conditions.

Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in his possession.

I have none, Madam President.

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

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

The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today I introduce five resolutions -- excuse me; six resolutions, one co-sponsored by Councilman Clarke.

Thank you. The Chief Clerk will please read the title of the resolutions.

A resolution recognizing and honoring the Original Richard Allen Committee for its dedication to improving the quality of life for at-risk Philadelphians, including feeding the hungry, clothing families through clothing drives and mentoring youth.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

And a resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Upland Urban Renewal Area, designated as Parcel No. 4.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, 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 Ward of the City of Philadelphia.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

And a resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Melville Urban Renewal Area, designated as Parcel No. 2A.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

And a resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Melville Urban Renewal Area, designated as Parcel No. 2B.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

And a resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Greenway Urban Renewal Area, designated as Parcel No. 27.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Greenlee.

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

The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.

Thank you, Madam President. I offer one bill.

Thank you. The Chief Clerk will please read the title of the bill.

An ordinance authorizing the Commissioner of Public Property to acquire fee simple title, or a lesser interest in real estate, in parcels of land along the Delaware River and the Kensington & Tacony Trail for the purpose of incorporating the acquired land into the Kensington & Tacony Trail.

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

Thank you, Madam President. On behalf of the Administration, I offer one bill. On behalf of you, I offer one resolution. And my behalf, I ask for a resolution with a suspension of the rules so it can be heard today.

Thank you. The Chief Clerk will please read the title of the ordinance.

An ordinance authorizing the Director of Commerce and the Director of Finance to enter into a multi-year agreement or agreements with the Philadelphia Authority for Industrial Development, the Redevelopment Authority of the City of Philadelphia, and other parties as necessary concerning the parking garage project constructed as part of the overall Market Street East-Gallery II Redevelopment Project.

The bill will be referred to the appropriate committee.

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, 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.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

And a resolution amending Resolution No. 110453, approving the Annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative Bond Proceeds for Fiscal Year 2012.

The Chair recognizes Councilwoman Tasco.

Madam Chair, I move the rules of Council be suspended so that we can hear this -

Do I hear a second?

-consider this resolution at the end of the day. (Duly seconded.)

It has been moved and seconded that the rules of Council be suspended to permit consideration of this resolution at today's session of Council. All in favor will indicate by saying aye. (Aye.)

Let's do it in unison. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the motion passes. This resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. Today I offer one resolution.

Thank you. The Chief Clerk will please read the title of the resolution.

A resolution amending Resolution No. 110453, approving the Annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative Bond Proceeds for Fiscal Year 2012.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilwoman Sanchez.

Thank you, Madam President. I have one resolution.

The Chief Clerk will please read the title.

A resolution recognizing and honoring ASPIRA, Inc of Pennsylvania on their decades of work promoting Puerto Rican culture, education and leadership development in the Philadelphia Puerto Rican and Latino community, and their recent successes serving as stewards at Stetson Middle School and Olney High School.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Green.

Thank you, Madam President. No bills today.

Thank you. The Chair recognizes Councilman Jones.

Good morning, Madam President. Two resolutions today.

Thank you. The Chief Clerk will please read the title of the first resolution.

A resolution honoring and celebrating the Overbrook Monarchs Football Team on winning the 65 pound American Conference Championship by defeating the Plymouth Whitemarsh Spartans 27 to 0.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

And a resolution supporting the Mayor's Commission on Aging Strategic Plan for 2013 in order for Philadelphia to become a leading City in being age-friendly.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Goode.

Thank you, Madam President. I offer no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.

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

Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Madam President, I offer one resolution.

Thank you. The Chief Clerk will please read the title.

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, 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 Fifth Ward of the City of Philadelphia.

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman O'Neill.

Madam President, I have no bills or resolutions.

Thank you. The Chair recognizes Councilman Clarke.

Thank you, Madam President. I have one bill.

Thank you. The Chief Clerk will please read the title of the bill.

An ordinance authorizing transfers in appropriations for Fiscal Year 2012 within the General Fund relating to the Council.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.

Madam President, I have no bills or resolutions.

Thank you. The Chair recognizes Councilman Rizzo.

Madam President, nothing today.

Thank you. The next order of business is reports from committees. The Chair recognizes Councilman Kenney for a report from the Committee on Rules.

Thank you, Madam President. The Committee on Rules reports seven bills out with favorable recommendations.

Thank you. The Chief Clerk will please read the report.

To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 110275, entitled "An ordinance amending Section 14-1402 of The Philadelphia Code, entitled 'Parking in Residential Districts,' and Section 14-1607 of The Philadelphia Code, entitled 'Special City Commercial Area,' by adding to both Sections special provisions relating to the area bounded by Walnut Street, Twelfth Street, Thirteenth Street, and Sansom Street"; and Bill No. 110681, entitled "An ordinance amending Section 14-1629 of The Philadelphia Code, entitled 'Yorktown Special District Controls,' by specifically amending Section 14-1629(3), entitled 'District Boundaries'"; and Bill No. 110761, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land known and numbered as 1925 through 33 West Venango Street thru to Pacific Street"; and Bill No. 110762, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Avenue, Hartwell Lane, Shawnee Street, and Southampton Avenue"; and Bill No. 110763, entitled "An ordinance amending Title 14 of The Philadelphia Code by amending Section 14-1613, entitled 'The Germantown Avenue Special District Controls,' by providing certain exceptions and controls for eligible mixed use projects"; and Bill No. 110768, entitled "An ordinance to amend the Institutional Development District Master Plan of Temple University, located on the block bounded by 11th Street, Berks Street, 12th Street and Norris Street, by allowing for the construction of a new building addition for use as the Science Education and Research Building"; and Bill No. 110781, entitled "An ordinance amending Chapter 14-600 of The Philadelphia Code, entitled 'Food Distribution Center District,' by revising the height restrictions, all under certain terms and conditions," considered the same and returns the attached bills to Council with a favorable recommendation.

The Chair recognizes Councilman Kenney.

Thank you, Madam President. I move the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee, with the exception of Bill Nos. 110761, 762 and 763. (Duly seconded.)

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee, with the exception of Bill Nos. 110761, 110762 and 110763. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill Nos. 110761, 110762 and 110763 will be placed on the First Reading Calendar for our next session of Council. The Chair now recognizes Councilwoman Tasco for a report from the Committee on Finance.

Madam President, the Committee on Finance reports out seven bills with a favorable recommendation.

Thank you. The Chief Clerk will please read the report.

The Committee on Finance, to which was referred Bill No. 110733, entitled "An ordinance execution and delivery of one or more supplements to an existing service agreement (or a new service agreement on substantially the same terms) between the City and the Redevelopment Authority relating to a comprehensive neighborhood transformation program"; and Bill No. 110758, entitled "An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled 'Business Privilege Taxes,' to rename the Business Privilege Tax the Business Income and Receipts Tax and the Business Privilege License the Commercial Activity License"; and Bill No. 110787, entitled "An ordinance authorizing the Procurement Commissioner, on behalf of the City of Philadelphia, to enter into a guaranteed energy savings contract with the Philadelphia Municipal Authority for the implementation and evaluation of energy conservation measures designed to reduce energy, water, wastewater and other consumption or operating costs at specified City properties"; and Bill No. 110788, entitled "A ordinance authorizing the Director of Finance and the Commissioner of Public Property on behalf of the City, in cooperation with the Philadelphia Municipal Authority, to undertake a project relating to the evaluation and implementation of energy conservation measures at City Hall, the Criminal Justice Center, the Municipal Services Building and the One Parkway Building"; and Bill No. 110789, entitled "An ordinance authorizing the Philadelphia Municipal Authority, incorporated pursuant to the Municipality Authorities Act, to enter into agreements for programs, evaluations, facility alterations or upgrades designed to reduce energy, water, wastewater and other consumption or operating costs at properties"; and Bill No. 110830, entitled "An ordinance amending the ordinance approved July 12, 1968, as last amended July 1, 2004, relating to pension benefits for employees working on behalf of the Philadelphia Gas Works by revising the Philadelphia Gas Works Pension Plan"; and Bill No. 110832, entitled "An ordinance authorizing the Procurement Commissioner and the Free Library of Philadelphia, on behalf of the City, to enter into a sublease agreement for the leasing of personal computers and associated equipment, to include related maintenance and other services, from the Philadelphia Municipal Authority, for the use of the Free Library of Philadelphia; all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Thank Councilwoman Tasco.

I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 110733, 110758, 110787, 110788, 110789, 110830 and 110832. (Duly seconded.)

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair now recognizes report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports 24 bills out with a favorable recommendation.

Thank you. The Chief Clerk will please read the report.

The Committee on Streets and Services, to which was referred Bill No. 110308, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled 'Use Of An Automated Red Light Enforcement System To Prevent Red Light Violations,' by authorizing the installation of red light enforcement systems at the intersection of Grant Avenue at Academy Road"; and Bill No. 110309, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled 'Use Of An Automated Red Light Enforcement System To Violations,' by authorizing the installation of red light enforcement systems at the intersection of Bustleton Avenue at Byberry Road"; and Bill No. 110520, entitled "An ordinance authorizing the plotting upon City Plan No. 285 of a right-of-way for drainage purposes in the area lying southeast of Roberts Avenue and southwest of Fox Street"; and Bill No. 110647, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 42 by striking from the City Plan and vacating the legally open portions of the westerly ten feet wide portion of Thirty-Second Street from Chestnut Street to Walnut Street"; and Bill No. 110663, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 204 by striking from the City Plan and vacating Slocum Street from a point approximately one-hundred forty Avenue to its terminus"; and Bill No. 110720, entitled "An ordinance authorizing Thomas Jefferson University to construct, own and maintain various encroachments of light bollards at 901 Walnut Street"; and Bill No. 110721, entitled "An ordinance authorizing New Kensington Community Development Corporation to construct, own and maintain various encroachments of light columns located at the intersection of Girard Avenue and Columbia Avenue"; and Bill No. 110734, entitled "An ordinance authorizing Neighbors of Overbrook Association, located at 933 North 65th Street, to construct, own and maintain an encroachment of a sign on the traffic island located on Lebanon Avenue at the intersection of Wynnewood Road"; and Bill No. 110735, entitled "An ordinance establishing a parking Street, south side, 11th Street to 12th Street"; and Bill No. 110736, entitled "An ordinance establishing a parking regulation on Jessup Street, west side, Mifflin Street to McKean Street"; and Bill No. 110737, entitled "An ordinance establishing a parking regulation on Camac Street, west side, Shunk Street to Oregon Avenue"; and Bill No. 110738, entitled "An ordinance establishing a parking regulation on Bainbridge Street, both sides, 11th Street to 12th Street"; and Bill No. 110764, entitled "An ordinance establishing a one-way regulation on Hartwell Lane, from Germantown Avenue to Shawnee Street, eastbound"; and Bill No. 110765, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 228 by striking from the City Plan Markle Street from Ridge Avenue to a feet northeastwardly therefrom"; and Bill No. 110767, entitled "An ordinance granting permission to the Southeastern Pennsylvania Transportation Authority to construct, own and maintain a passenger boarding platform, passenger shelter and other miscellaneous encroachments on the public sidewalk located at the northwest corner of the intersection of Frankford Avenue and Delaware Avenue"; and Bill No. 110785, entitled "An ordinance authorizing Vientiane Cafe to construct, own and maintain an open-air sidewalk cafe at 4728 Baltimore Avenue"; and Bill No. 110786, entitled "An ordinance authorizing Aksum, Limited Liability Corporation, to constructs, own and maintain an open-air sidewalk cafe at 4630 through 32 Baltimore Avenue"; and Bill No.

110794, entitled "An ordinance granting permission to All & Lube, owner of the real estate located at 6722 Ridge Avenue, to relocate, use and maintain a thirty-five feet high aluminum flagpole within the public right-of-way of Ridge Avenue"; and Bill No. 110795, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Ridge Avenue from Vine Street to the intersection of Eighth Street and Race Street"; and Bill No. 110796, entitled "An ordinance authorizing Sanjay Patel, owner and operator of the newsstand located on the southeast corner of Eleventh Street and Market Street, to construct, use and maintain conduits in, under and across the southeast corner of Eleventh Street and Market Street"; and Bill No. 110797, entitled "An ordinance authorizing the revision of lines and grades on a portion of City 307 by striking from the City Plan and vacating the southerly forty feet five inches wide portion of Race Street from Christopher Columbus Boulevard to Water Street"; and Bill No. 110827, entitled "An ordinance amending Title 12 of The Philadelphia Code, entitled 'Traffic Code,' by further providing with respect to valet parking permit fees; and by authorizing the establishment of hotel loading zones"; and Bill No. 110843, entitled "An ordinance authorizing The Bruce Lloyd Trust, Andrew M. Ullman, Trustee and Sandra Schwalb, owners of the property located at 200 Market Street, to legalize, own and maintain an existing raised platform encroachment"; and Bill No. 110849, entitled "An ordinance granting permission to Alan Krawitz owner and operator of Say Cheese Philadelphia lunch truck located on the east side of West Norris Street between 12th Street and North 13th Street, to install, use and maintain certain electrical wires, conduits and appurtenances," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of all the bills that have been read into the record, with the exception of Bill No. 110827. (Duly seconded.)

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee, with the exception of Bill No. 110827. say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 110827 will be placed on our First Reading Calendar for the next session of Council. The Chair now recognizes Councilwoman Sanchez for a report from the Committee on Licenses and Inspections.

Thank you, Madam Chair. The Committee on Licenses and Inspections reports three bills with a favorable consideration.

Thank you. The Chief Clerk will please read the report.

The Committee on Inspections, to which was referred Bill No. 110610, entitled "An ordinance enacting a new Chapter 9-3600 of The Philadelphia Code, entitled 'Bouncers,' to require that bouncers employed at covered establishments be registered and receive proper training"; and Bill No. 110833, entitled "An ordinance amending Chapter 9-1300 of The Philadelphia Code, entitled 'Home Inspection Business,' by changing the title to 'Inspection Businesses,' by adding sections regulating the licensing of Fire Alarm Systems Inspectors, Electrical Inspection Agencies, and Electrical Inspectors"; and Bill No. 110834, entitled "An ordinance adding Sections 9-1005, entitled 'Fire Suppression System Contractors,' and 9-1006, entitled 'Electrical Contractors,' to Chapter 9-1000 of The Philadelphia Code, entitled 'Trades,' to provide for licensing of and electrical contractors," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

The Chair recognizes Councilwoman Sanchez.

Thank you, Madam Chair. I move that the rules of Council be suspended to allow first reading for Bills No. 110610, 110833 and 110834. (Duly seconded.)

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilwoman Tasco for a report from the Committee on Public Health and Human Services.

Madam President, the Committee on Public Health and Human Service reports two bills with a favorable recommendation.

Thank you. The Chief Clerk will please read the report.

The Committee on Public Health and Human Services, to which was referred Bill No. 100011, entitled "An ordinance amending Chapter 6-800 of The Philadelphia Code, entitled 'Lead Paint Disclosure,' to require a certification that a property is lead free or lead safe before it may be rented tenant"; and Bill No. 110712, entitled "An ordinance amending Chapter 6-600 of The Philadelphia Code, entitled 'Asbestos Projects,' by providing that no person or affiliated persons, as defined, may be both a licensed asbestos contractor and a certified asbestos project inspector," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.

The Chair recognizes Councilwoman Tasco.

I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 100011 and 110712. (Duly seconded.)

Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from 12/1/11 - STATED - 1ST READING committee. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with suspension of rules have been deemed to have had a first reading. These bills will be placed on the Second Reading and Final Passage Calendar for our next session of Council. The Chief Clerk will please read any other bills on the First Reading Calendar.

Bill No. 110672, entitled -12/1/11 - STATED - 1ST READING

Madam President?

The Chair agrees.

Point of order, Madam President. My light is on.

I'm sorry.

I need to leave Council Chambers for Council business and wish to be recorded as voting aye for all bills and resolutions, with the exception of Bill 110563. I would like to be recorded as voting no on this bill.

Thank you. Leave will be granted.

Thank you.

Bill No. 110672, entitled "An ordinance repealing an ordinance (Bill No. 110185), entitled "An ordinance amending the Philadelphia 2ND READING Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Richmond Street, Cumberland Street, Beach Street and Schirra Drive; and amending Section 14-506 of The Philadelphia Code, entitled 'L-4 Limited Industrial District.'

The Chair recognizes Councilwoman Tasco.

I move for the adoption of the resolution.

I'm sorry. That was the First Reading Calendar. The Chair agrees. The Chief Clerk will proceed. The Chair recognizes Councilwoman Tasco for the purpose of calling up bills and resolutions on the Second Reading and Final Passage Calendar to be considered today.

Thank you, Madam President. The following resolutions and bills are being called up from the Second Reading and Final Passage Calendars today: Nos. 110850, 110851, 110856, 110857, 110858, 110859, 110563, 110662, 110717, 110718, 110719, 110756, 110782, 110783, 110057, 110757. All other bills and resolutions are being held.

Thank you. Before considering these bills and resolutions, we will consider public comment as follows: Your public comment must concern matters on the Second Reading and Final Passage Calendars for possible action at today's Council session. All speakers must sign up in order to testify. If you have not already signed up for today's session, please do so now by giving your name to the Sergeant-At-Arms at the table to my left. You will be called in the order in which your name appears on the sign-up sheet. You will have up to three minutes to speak. I would ask that you please abide by that rule. At this time, I would like to call the first speaker, who will come to the podium. State Representative Josephs. Is she still in the room? Oh, I understand she had to leave. State Representative Rosita Youngblood. Please approach the microphone. (Witness approached podium.) REPRESENTATIVE YOUNGBLOOD: Good morning, Madam President and esteemed Councilmembers. I am here today to oppose the zoning overlay legislation. We have had over 3,000 constituents with letters coming up to the Governor's Office opposing this. You cannot, in the outgoing hours of Council, approve something that will have a devastating effect on the community. Originally the Zoning Board even said the proper permits were not in place. The City Planning Commission said the proper permits were not in place. When the applicant applied for RCAP funding from the state, it was under the premise that he would put in a Fresh Grocer. He decided that the Fresh Grocer would not fit his needs and to change and also do a Sav-A-Lot and a dollar store. This is devastating this community on the standpoint there's a dollar store and a Dollar General at Wayne and Chelten, which will be closed when you open the Sav-A-Lot at Pulaski and Morris -- I'm sorry; Chelten and Pulaski. It has forced me to do legislation at the state to reform the way we send our RCAP funding not only in the City of Philadelphia but throughout the entire Commonwealth, that we have transparency and the people's trust. If this should pass today, the City of Philadelphia with the Governor's Office, the Lieutenant Governor's Office and the entire Legislature are looking and will make sure that scrutiny on every project applied for by anyone in the City of Philadelphia may be denied. This was executed in 2005 and we're getting ready to go into 2012, and it still -- he has still not complied with all of the rules and regulations that come when you apply for RCAP funding. And those of you that may not know what RCAP funding, I will explain exactly what it is. RCAP is community revitalization fund that we give to communities that want to do projects in their community, and the project must be approved and voted on by the Legislature or the Governor's Office. We will no longer have a lame-duck Governor or even a lame-duck Councilperson disbursing and approving a project that does not have community support. A dollar store was never the intention for this community. They wanted a full-fledged supermarket, and that's what he applied for. The money has not been released, and I am working overtime to make sure that it does not get released. Thank you. (Applause.)

Thank you. Our next witness.

Yvonne Haskins.

Is Ms. Haskins here?

Commenting on 110662. (Witness approached podium.)

Good morning, Madam President.

Good morning.

Before I begin, I would like to pass out certain materials to each Councilperson.

Certainly.

Before my three minutes begin, please.

Okay. (Pause.)

Please proceed.

As the attorney for seven community and business organizations in Germantown that are supported by 15 neighborhood associations and over 3,000 petitioners, I appreciate the opportunity to speak on their behalf. We have a number of Germantowners who will speak against this bill. My focus is an egregious abuse of legislative power by one of your members. Councilwoman Miller has misled you by introducing this bill under the pretext that it is, quote, "good for Germantown." She said that allowing bigger dollar stores in this historic treasure will, quote, "clean up the special district control for Lower and Central Germantown." And we call this the Germantown overlay. This is not about cleanup. It's about a particular development known as Chelten Plaza that everyone knows will be the direct and only beneficiary of this amendment. I have provided each Councilmember with a copy of the Germantown overlay and two letters that are pertinent. Read the paragraph at the top of the second page of the overlay that says, quote, "Certain uses, when concentrated within an area, tend to contribute to the deterioration of the economics and aesthetics of the area." Do you want this to happen in Germantown? This bogus amendment proposes yet another dollar store, number 13 in this community. It is unreasonable, contrary to legislative intent, of the overlay that Councilwoman Miller had passed in 2008 and unjustified while masquerading as an act to improve Germantown. The only thing it will do is immediately to allow Chelten Plaza to receive a zoning permit, to which it is not entitled without a variance. When we went to the zoning hearing on the illegal permit issued for Chelten Plaza, Councilwoman Miller was already prepared to introduce this bill. The letter you have from the developer's lawyer says that the developer will avoid the need for a Zoning Board hearing because they intended to amend the Germantown overlay to exclude this property. That is exactly what Councilwoman Miller is doing, excluding Chelten Plaza. Regardless of the pretext of a broad application, the amendment is specifically tailored to favor Chelten Plaza. The Rules Committee demonstrated this by entertaining a presentation at its hearing by the developer as if that Committee were the Zoning Board of Adjustment, and the developer is here today and they'll probably act like you're the Zoning Board of Adjustment. Councilwoman Miller's untrue statements and her clear intent to help this developer add one more dollar store to Germantown are an abuse of power. You must vote against the bill that is tainted with backroom dealing and spot zoning, undermining the City-established zoning process. A Councilman once told me, quote, "The beauty of what we do in Council is that we don't have to show you our motive for why we pass a bill." Please prove him wrong. Please help Germantown to thrive again. Thank you.

Thank you. (Applause.)

Susan Guggenheim, commenting on 110662. (Witness approached podium.)

Good morning. My name is Susan Guggenheim and I'm from Walnut Lane in Germantown. On November 15th, 2011, in the Rules Committee deliberation on the amendment to the Germantown overlay, Councilwoman Miller stated, and as confirmed in a recent PlanPhilly article, that, quote, "The change she made was not just for this dollar store, but to allow other retailers to come into the Germantown Special Controls District. A Macy's could not open there without the change, she said," end quote. I am here today to demonstrate that this statement is entirely false. The North American Industry Classification System, or NAICS, created in 1987 that's referenced worldwide, used by the U.S. Census Bureau, the IRS and the City of Philadelphia and is how businesses are classified. The system is self-reporting in that businesses upon incorporation determine their NAICS code and then use that code when reporting to the IRS. The single NAICS code businesses use to describe themselves refers to the primary activity of that business. Carl Primavera's law offices, for example, is coded 541110. Pat Burns' Fresh Grocer empire is coded as 445110. The Dollar Tree -- in fact, all dollar stores -- are classified as 452990. What do businesses do if they are in doubt about the code for their primary activity? They can e-mail or call the federal government. It's a Dr. NAICS toll-free number at 1-888-75-NAICS. The U.S. Census Bureau assigns and maintains only one NAICS code for each establishment based on its primary activity, the activity that generates the most revenue. You all have my handout. It's in 20-point thought, so if you would turn to to look at the chart, all retail falls under the major sector group "retail" classified as 44 or 45. Food stores like the Fresh Grocer follow the 44 sector branch. Department stores like Macy's and variety stores like Dollar Tree follow the 45 sector branch. Department stores and variety stores and hundreds of other stores are then further classified as general merchandise stores, or 452. But this is where they split from each other into different subgroups, which are completely independent and mutually exclusive to each other. Department stores in the hierarchy are coded 4521 and all variety stores, including the Dollar Tree, fall under general merchandise stores or 4529. You can see from the chart that a variety store is not a subgroup of a department store and is not related to department stores in any way. Department stores are establishments known as -NAICS codes them as establishments known as department stores that have separate departments, each with separate cash registers and sales associates. Variety stores are classified 452990, and they're defined as establishments primarily engaged in retailing new goods in general merchandise stores, except department stores. I ask Council today to not amend our overlay. I ask Council today to take action that will necessitate Mr. Burns needing a variance for the Dollar Tree. All Germantowners want -- and let me repeat that. All we want is that Mr. Burns seek a variance for the Dollar Tree so that we will finally have an open and public community meeting about it, an open public community meeting to which all Germantowners are invited. I am Germantown. Thank you. (Applause.)

Thank you.

John Elliott Churchville, commenting on 110662. (Witness approached podium.)

Good morning.

Good morning.

My name is John Elliott Churchville and I am President of the Greater Germantown Business Association. I'm here today speaking on behalf of our Business Association to urge you to vote against passage of Bill No. 110662. The Greater Germantown Business Association began its opposition to the Sav-A-Lot/Dollar Tree development plan by Pat Burns' development company by initiating a petition campaign that ultimately garnered approximately 3,000 signatures. We had three reasons for opposing Burns' development plan. One, the plan was a backroom deal that was not disclosed to our community or its businesses, and neither businesses nor community residents were given an opportunity to be heard or to provide input into the plan. Two, the plan features low-end stores in an area that the Business Association is desperately committed to upgrade by encouraging more mid-level businesses to locate there for the benefit of residents and customers and consumers whom we want to attract to shop in the area. Three, the plan was not aligned with best practices and energy-efficient design and smart growth concepts that the Business Association's goal for a green business district in Germantown demands. We continued our opposition to the Burns project by joining our sister organization, Liberation Fellowship Community Development Corporation, and five other community groups and organizations in filing an appeal to the Zoning Board of Adjustment challenging the issuance of the zoning permit to them by Burns to the Department of Licenses and Inspections. The appeal was heard by the Zoning Board of Adjustment on Wednesday, September 28th and was ultimately remanded to L&I. One of the key facts that came out at the hearing was that contrary to the developer's embarrassingly crude attempt at deception that even contradicted Dollar Tree's own description of itself on its national website, Dollar Tree is not now, nor has it ever been, a grocery store chain. Today, the Greater Germantown Business Association opposes the passage of Bill No. 110662 offered by our outgoing Councilperson in defiance of the wishes of thousands of her constituents in Germantown, because it represents a blatant and crass attempt to spot zone for the benefit of the one Burns to the detriment of the many Germantowners. Thank you. (Applause.)

Yahne Baker, commenting on 110662. (Witness approached podium.)

I have something to pass out. Who do I give this to?

Someone will distribute your material. Please proceed with your testimony.

I'd like to start by saying that I am actually saddened by the fact that I have to stand here and speak in opposition to my Councilperson. My name is Yahne Baker and I am a resident in Germantown. In 1619, the first ship sailed to America carrying enslaved Africans. Enslavement then became a common practice, until emancipation was proclaimed by Lincoln in 1863 and then the Thirteenth Amendment was introduced in 1865. There are few in this room who would discount that enslavement was wrong, and yet it went on for over 200 years. Had it not been stopped, I would not be able to stand here, nor would many of those who stand with me as comrades, nor would many of you who sit here on Philadelphia's Council today. And enslavement would not have been stopped had not someone taken the first step to stand against injustice. And let us not forget that the first official protest to enslavement, to this injustice, was written in Germantown, a national historic treasure that is hidden under neglect, injustice and wrongdoing. There are many people who will stand before you to argue why this new legislation that my Councilwoman Donna Reed Miller intends to pass is wrong, but I don't feel any need to broach such argument because I am confident that everyone here already knows that it is wrong for the law to be changed in order to undermine due process to a community in the interest of one developer. I am confident that everyone on Council knows that it is wrong for Councilwoman Miller to attempt to pass legislation at this late hour in her career when she will step down, without any accountability to her constituents, in less than a month, without any argument of whether the Chelten Plaza project is good or bad, a topic that demonstrates, without question, that this is about just this one developer. Everyone in this room knows the process and the legislation are wrong. So my question is, how long will we be party to further injustice? Will you stand upon the legacy of Germantown, nay of Philadelphia, to give birth to liberty, to advocate for what is right even if it goes against the status quo? Will you stand upon principles instead of on politics? I compel you to hear what I say and consider it not just today but on December 15th when you review this same issue within the proposed reformed zoning code. This is not a question of discovering what is right, but of doing what is right. I call upon each of you as individuals to do the right thing. I know it is a tough choice within the context of the political structure of Philadelphia today, but it is the only choice if we are to create a better tomorrow. I am one of Germantown's poor, a single mother, unemployed, without a car, negatively impacted by this bill. I am here because I believe in due process and the imperative to stand for my rights, advocate for my neighbors and stand up for justice. I am Germantown. (Applause.)

Thank you.

Jeffrey Smith, commenting on 110662. (Witness approached podium.)

I'm pleased to be here to speak to you, Councilpeople. I hope you're going to pay close attention to all of our testimonies. I own a Pilates studio just off Chelten Avenue in the Central Germantown District. My business has been there for three years. I believe I'm the kind of business that Germantown needs as opposed to national franchises, variety stores, nail salons, et cetera. I'm a lifelong resident of Germantown and an advocate for it as well. Those of us who oppose this bill for the Dollar Tree store should not have to be here today, but the Councilwoman apparently -- Councilwoman Miller has apparently cooperated with the developer and his attorney to create a modification of her previous overlay bill in 2008, which allows very big variety stores. Since February when the whole project development came to light, we opponents have uncovered one sleazy fact after another. When the Zoning Board of Adjustment sent our appeal of a Dollar Tree as a grocery store back to L&I, the developer and the Councilwoman found a way to circumvent due process with this bill. Though not related to this matter in any way, she's also trying to help another developer in Chestnut Hill to find a way to establish a large commercial district in an area which has always been characterized as a neighborhood scale shopping area. She's retiring from her office in January and, therefore, not accountable to her constituents. All of you at-large Councilmembers should vote against this bill, as it is not in line with a better shopping district for Germantown. And despite the courtesy often offered to fellow District Councilmembers, you District Councilmembers should take a stand against Donna Reed Miller's last-ditch effort to stick it to us in Germantown. We can't do too much about the second-rate grocery store on the site, the Sav-A-Lot. We can make an effort to force Pat Burns to find a better tenant than a Dollar Tree variety store in the Cheltenham Plaza. I am Germantown. (Applause.)

Megan Fitzpatrick, commenting on 110662. (Witness approached podium.)

Hello. My name is Megan Fitzpatrick. I am a member of the Germantown Community Connection Design Review Group. I am speaking against Donna Reed Miller's amendment to the zoning overlay that would allow a variety store over 7,500 square feet. I think it is quite clear that Council should not allow this bill. Let's remember the initial intent of this zoning overlay was to create more diversity in Germantown's retail corridor. This bill is asking to allow dollar stores into an area inundated with them. That contradicts common sense. Would a large nail salon over 75 square feet be allowed? How about a supersized day care center? If we have too many variety stores, why allow a larger one? Councilwoman Miller has stated that she wants to clarify the verbiage and use the same wording as Pulaski Partners' lawyer, Carl Primavera, regarding a Macy's not being allowed into the corridor. A Macy's is a department store, not a variety store. We all know that Zoning is in the process of implementing its new code, so -- the Zoning is in the process of implementing its new code. So I believe that the dollar store reasoning is a way of explaining away spot zoning. Last Tuesday, I went to the Philadelphia Planning Commission's presentation at the Germantown YMCA of its new commercial corridor plan for Germantown. In Matt Wysong's presentation, he called for no more variety stores, nail salons or day care centers. The City needs to come together on this and Council not pass this bill. The Planning Commission opposes it. In a larger scope, the City and Council needs to align its plans and leadership with the federal government's Let's Move Campaign fighting obesity. When the community asked for a fresh grocery market at Chelten Plaza, it spoke to the fact that people in this community want good-quality produce and meats on this site, not a dollar store. About this time last year, I was waiting for the bus next to the Weavers Way Co-Op in Chestnut Hill. I started chatting with a lady in her mid 80's as we got on the bus with our co-op bags. As we talked, she said she lives in Germantown, and as we neared Mount Airy, she stated she had to get off the bus at Food For All to get some gluten-free flour for a family member. I felt so bad for her, because of how cold it was and how long her travels and waiting for the buses must be for her to simply grocery shop. There is a need for something other than a dollar store in Germantown that will solve the processed boxed food items. Please don't pass this bill. Thank you. (Applause.)

Bruce Marshall, commenting on 110662. (Witness approached podium.)

I have an exhibit, please, for Council. Thank you. Good morning. Thank you for your time. I'm Bruce Marshall, Southwest Germantown Neighbors Association. I'm living in the house I grew up in. My message is the meta-view on this. The appearance of impropriety is equivalent to wrongdoing, because it feeds that perception. There's a sequence of events that all look suspicious in the wake of a trail of actions that were flat-out wrong, the Germantown Settlement scandal, which paved the way for the situation we're now in, mismanagement of appropriated funding to exploit and destroy a community and using its ongoing blighted state to warrant more tax money, which then went further down the rabbit hole in a well-documented travesty. That's beyond the scope of this hearing, but it's a backdrop for what continues to happen. The area is in bad shape, and now we have another venture that's funded precisely because of the devastation that exists, using arguments that are self-fulfilling prophecies. This wouldn't be getting 4 million and special deals if it were in Media or other such places. Then as justification, we're told that a lot of the residents need this kind of business so they can afford to eat and people are elitists or worse if they aspire to having a thriving full-service shopping district. Here are the telltale signs of mischief: The outgoing Governor greases the deal and money on his way out. The Mayor states he won't take a position on this until after the Zoning Board hearing, then issues a letter gushing its praises the day before. The hearing exposes the deception of the permit application and that the intended purpose of the RCAP funding has been thwarted, and a semantics battle ensues, which the developer lost, but not without stating, among other things, that the food to be sold was once fresh. Immediately afterwards, the outgoing Councilwoman altruistically introduces a bill to circumvent the issue and provide spot zoning, as is being done in two other areas concurrently, Tioga and Chestnut Hill. The City Planning Commission came out against it. At the Rules Committee hearing preceding this one, the developer is questioned by Council, and it's revealed that no EOP was provided. It was to be furnished the next day, the sole purpose of the continuance. That next day, the developer appears with a dissenting voice from the community, who wasn't at the real hearing, and gives testimony, which was not the purpose of the meeting, and the testimony she gives uses misleading census data from a decade earlier. The correct average income for Germantown is approximately 8,000 higher, at a little over 46,000. Please see that exhibit I distributed. This is clearly sufficient income to support a good grocery store. Plus, we want to draw shoppers from outside of Germantown. There's more, but I will close by appealing to the Council for a rare exception to the custom of block voting to protect members' turfs. This needs to transcend that for the greater good of a city in continuing decline which, as I said the last time, I'm often embarrassed to be a resident. I appeal to your wisdom and judgment to inject some sorely needed transparency and accountability into this process by not rubber stamping this bill. I am Germantown. Thank you. (Applause.)

Jim Foster, commenting on 110662. (Witness approached podium.)

My name is Jim Foster. I'm a lifetime resident of Germantown and the publisher of the Germantown Chronicle, the community's only delivered door-to-door newspaper that reaches everyone from Wayne Junction to the top of Chestnut Hill. I'm pleased to be addressing what many consider the most authoritative and powerful City Council in any city in the United States. Of course, that was the intent when the City Charter was rewritten in 1954, to disburse authority and to foster responsible economic development throughout the communities and narrow political oversight that made all decisions in one room with their friends. I think that that approach, of course, was well desired in 1954, and it still should be the hallmark of what those in this Council do today. This issue -- and you've heard many aspects of it -- begins with one broad approach that is exactly the opposite of what responsible regional oversight development should be. From the very beginning, compliance to the rules as established by the State and the City were thrown out the door. Our newspaper followed this from the first surprise announcement that a project that was supposed to be brought to the community long in advance of being accepted for state funds was to be discussed in-depth -- by the way, this is state law -- discussed in-depth, agreed upon, written documents provided and the community informed of the conclusions before the state ever considers the money. None of that ever happened. Furthermore, the City of Philadelphia forgave taxes to Mr. Burns a couple years prior with the understanding that he would build a Fresh Grocer. Most of you know that a Fresh Grocer is a quality fresh food store for which you are subsidized to build in urban areas. He's got -- he got money then and he's getting money now, maybe, to provide a Fresh Grocer. But now Mr. Burns says, your neighborhood, your community isn't good enough to have a Fresh Grocer, so we're giving you a second-rate Sav-A-Lot, run by a corporation that a friend of mine runs. Now, those of us -- they sent us to school. We understand. We can read the law. Many people in this community have followed this closely. One of the biggest bogus arguments is that this community is of such a low economic level that the Fresh Grocer store wouldn't make any sense and couldn't pay its own way. Mr. Burns and his folks have spoken of studies that they've done, surveys that indicate within a mile radius the income level is too low to justify a quality Fresh Grocer. I got in my car, I drove from the parking lot of the proposed store one mile exactly, and I pulled up in front of the house of Congressman Chaka Fattah. Closer to the store is the house of former Mayor and Governor Ed Rendell. This whole entire structure, including what's happening today, is one end run after another around compliance, City codes, State laws and any number of other principles of good government. I ask you, members of Council, to return to the purpose for which you were established and refuse to pass this bill. I am Germantown. (Applause.)

Carl Primavera, commenting on 110662. (Witness approached podium.)

Point of order, Madam President.

Good morning.

Point of order.

The Chair recognizes Councilman Kenney.

Look, I recognize the Supreme Court's ruling requiring us to listen to public comment. I understand that. I appreciate it. But this is becoming a rerun of the public hearing that we had, went on for a long period of time. And, Mr. Primavera, you're certainly welcome to speak in any way you want, but to rehash the entire public hearing over in a Council session makes no sense to me.

And I agree, Councilman Kenney. I'm here because my name was mentioned and my client's name, and I'm basically saying in less than a minute, with all respect to the Council President, Madam President, that we're here if there's questions. You'll hear from members of the community who will speak in support of this. We have 7,000-plus signatures on a petition, and thank you for your consideration today.

Thank you. Our next witness.

Ms. Betty Turner, commenting on 110662. (Witness approached podium.)

Good morning, President and members of City Council. My name is Betty Turner and I'm the President of the Germantown Community Connection, or GCC, which is an umbrella 501(c)(3) organization with a membership of residents, community organizations, businesses and institutions in Germantown. We are also the local representative for Classic Town Germantown through the Delaware Valley Regional Planning Commission's Classic Towns of Greater Philadelphia. This is a marketing effort to promote Germantown as a great place to live, work and invest. I am a retired higher education administrator, and I hold a Citizen Planner Certificate from CPI of the Philadelphia City Planning Commission. I am here to support this amendment. It is vitally important to bring this ordinance into conformance with economic truth, commercial corridor revitalization and development, and lessen the hardships that would affect the larger public good in Germantown. For more than nine months, GCC has been engaged in conversation with Pulaski Partners. On June 9th, GCC members voted to oppose the original Chelten Plaza plan as presented, but we also agreed that GCC Ad Hoc Committee, which later would become the expanded GCC Ad Hoc Negotiation Committee, should continue communications with Pulaski Partners to improve the site design and to develop a community benefits agreement. After many months of work, there is a community cooperation commitment and the elements of a legally binding, enforceable community benefits agreement. It is a unique opportunity for community developer and government to work together to ensure economic development and community advancement in Germantown. As a registered community organization, we are focused on looking at the global scope of need in our community, not the interest of one area or one group. Further, when I think about the current staggering unemployment rate and potential decrease in services due to budget issues at all levels and then I see that these are some of the very things that we are trying to address, it just makes good sense to support a project that will give a much-needed boost to the economy and investment in Germantown. Again, it is vitally important to bring this ordinance into conformance with economic truth, commercial corridor redevelopment, and lessen the hardships that would affect the larger public good in Germantown. Thank you.

Mr. Malik Boyd. (Witness approached podium.)

To City Council President, members of Council, many of us in Germantown feel as if we're coming out of a bad relationship. For years the community as a whole has felt abused, mistreated, with years of broken promises. And to some, it's unfathomable to see Germantown so divided at a time like this, but you and I know why. Because we're all seeking a better way for Germantown, and we just simply have different views on how to accomplish it. It's also unfathomable to some of us to see that some of the founders of the underlying energy of the opposition to this have been local developers, but you and I both know why. Because the community benefits agreement that's being created, the $150,000 in concessions to a local business to help it expand and to go into this retail complex, the thousands of dollars spent to fulfill community requests for trees, greenery, watershed requirements, rain gardens, social economic support of local programs will set a precedent for them, and that's one to date that they have not been willing to meet for our own community. It's also unfathomable to us to see that the State Representative, who hasn't brought any development or significant jobs to the district in over a decade, can stand against this development that would feed and employ her own constituents, to the extent that she sent out a press release -- and this was recent -- suggesting that our own District Councilwoman and you, members of Council, are part of a pay-to-play scheme. But that's -- we know why she did that, and that's because she allowed politics to get in the way of progress, and retaliation and reelection matters more than doing the right thing at a time like this. It's also unfathomable to some, my own neighbors as well -- and it's understandable -- that I stand before you as a young man, possibly in the middle class, possibly in the lower class, depending on which day and which definition we use, that I would stand here in support of this development and this dollar store, but you and I both know why. Because myself, like countless others in this community and across this city, have become fiscally conservative in our shopping. Both price and quality sensitive and with the rise of product offerings within national dollar chains, it makes sense as an option for people like myself and other members of this community. And we also know that sometimes in order to remove a low-end mom-and-pop dollar store of one particular type, sometimes the answer is to provide the higher-end version. And, lastly, it's been deemed by a small, but dedicated few, unfathomable that you, City Council, would support the efforts to ensure that this Dollar Tree gets established, but you and I, along with thousands of others in this city, also know that this makes sense economically and from a development perspective. We know that income and diversity and density matters when discussing and determining the feasibility of development and investment. And while we can all dance around census numbers and data surrounding our own median income, what is certain is our density percentage and that data being drastically different from other areas of the City. We also know that with 28 percent unemployment in this district, this development may not provide jobs for everybody, but it certainly provides options for everyone.

Mr. Boyd, can you conclude your remarks, please.

That is my conclusion.

Thank you.

Thank you.

Our next witness.

Reverend Nancy Muth, commenting on 110662. (Witness approached podium.)

Good morning.

Good morning. President Verna, members of Philadelphia City Council, I am the Reverend Dr. Nancy E. Muth, Senior Minister of the First Presbyterian Church in Germantown, a church that has been in Germantown and has been committed to Germantown for over 200 years. As you can imagine, our building has witnessed much change in the community over the last two centuries. The congregation has changed along with the community. Our church, just like Germantown, is diverse. Not just in ethnicity, but politically and in education and socioeconomic backgrounds as well. Diversity is something that both the church and the northwest area of Philadelphia, including Germantown, celebrates. Diversity also presents its challenges, as it is at times difficult to find one voice that represents the greater community. Too often it is the loudest voice that is heard and other voices are ignored or discounted. There are two voices in Germantown around the development of Chelten Plaza, including the prospects of having a Dollar Tree store in the Plaza. One voice has been very organized and publicized and vocal. The other voice represents people who are not as vocal and also includes some who are not organized and rarely publicized. I am here today to speak on behalf of the voice that has not been heard much on this issue. I am Co-Founder, along with Betty Turner, and Board member of Germantown Community Connection, an organization that was formed about three years ago in an effort to provide a common voice for the community as well as a bridge to link together the many community groups and organizations of Germantown. This organization was not to take the place of any other group or to be in conflict with any other group. Germantown Community Connection has been very involved in what has been happening at Chelten Plaza. Over the last six months, folks have been saying that Germantown Community Connection is not speaking for the community concerning Chelten Plaza development. The fact is that Germantown Community Connection is not speaking for the entire community, nor has it ever claimed to. Clearly, there is a portion of the community that is not in agreement with GCC Board's involvement. However, there is another portion of the community, a large portion, which is looking forward to having a Dollar Tree on Chelten Avenue. They see the store as a better quality store than some of the many small, poorly run dollar stores that crowd Germantown. Dollar Tree stores are good enough for suburban communities not far from Germantown and are frequented by a wide variety of people. I personally shop at a Dollar Tree in Flourtown, and I look forward to being able to shop at a Dollar Tree just a few blocks from the church where I work. Members of Council, please know that there is more than one voice in diverse Germantown. The voices are not necessarily divided by class or skin color, but they are divided. I am here speaking on behalf of the other voice in favor of this bill. Thank you.

Eileen Jones, commenting on 110662. (Witness approached podium.)

President Verna and other Council dignitaries, to my Germantown friends and neighbors of similar and differing opinions and to others in this Council, my name is Eileen Jones and I'm the Director of the Germantown Avenue Crisis Ministry. Our ministry provides emergency food, supplemental assistance, rent, mortgage, utility aid to northwest community residents, most of whom live in the heart of Germantown. It's not unusual for our small ministry to serve over 200 clients each week, and when I say "small," we are small. Regarding income, many of those who we help are living at about 150 percent of the federal poverty level, which translates to, for a household of one person, $1,362 a month or for a family of four $2,795 a month. It's on behalf of some of these constituents that I speak, these Germantown neighbors, who are not savvy regarding the political ins and outs of what's been going on regarding the Plaza, but neighbors who are limited to actually spending their dollars in Germantown. They have to rely on the resources that are available and that are in walking distance of their homes and schools. These neighbors will appreciate and regularly shop at a retail provider offering a variety of merchandise at a great price. I speak on behalf of our own small non-profit that will welcome Dollar Tree as a source for employment and economic development for many in our community, who don't necessarily have access to other jobs because of skills or experience or opportunity. As a lifelong resident of the northwest community and as an employee in Germantown for 25 years, I personally support the Dollar Tree development and don't want to see this initiative abandoned. I respectfully ask for Council's support of the Bill 110662, because I am Germantown.

Thank you. Our next witness.

Reverend Chester Williams. (No response.)

Is Reverend Williams here? (No response.)

Tracy Norton. (Witness approached podium.)

My name is Tracy Norton and I am one of the constituents that the Dollar Tree would serve. I've been unemployed for over two years, and it bring growth and opportunity to our neighborhood. Unfortunately with not having a car and have to rely on public transportation, we are held hostage to the stores that are in our neighborhood. Well, I'm able to get around, but there are a lot of senior citizens that can't get anywhere but to Germantown and Chelten, and we would just like a store that we could buy fresh vegetables and groceries at a reasonable price so that we can feed our families on a regular basis. Thank you.

Alexander Russell, commenting on 110662. (Witness approached podium.)

May I give the Clerk a handout, please. Thank you very much, members of Council, honorable members of Council, for allowing me to make a brief statement. I have written it out and I am having it distributed to you, so I think that I'm going to spare you reading it. I'm going to just make some quick comments. First off, I'm Alexander Russell. I've lived in Germantown for 45 years. I am the President of West Central Germantown Neighbors, which is the association that includes the area where this development is to happen. I'd like to point out that WCGN, the organization that I am President of, is the organized neighborhood association. It is that association which under RCAP rules Burns and his friends needed to consult, but didn't bother. Their application for RCAP money left that part of the application blank. The second point I'd like to make is that I am also a member of GCC. I'm an ad hoc member. On October 1st, GCC, which you have heard from today because four of its principal officers have spoken to you, that on October 1st, GCC voted by a large majority to oppose the Pulaski plans that were available at that time. So I would like to urge you to vote against this bill. And you will notice at the last page of my handout is a list of those retail establishments in the Chelten-Germantown corridor, and you'll notice that we have 29 beauty salons, 25 restaurants, all take-out. We have 22 food stores. Only two are full service. We have 18 variety stores, 18, that's 18. So the person who spoke before me saying, well, I can't -- I need to have it be convenient or I need to have a dollar store, I think those needs have been met already. I think with 18, we have enough. So thank you, and I will leave you with that, and I urge again you to vote against this amendment. When our Councilperson in 2008 suggested that Germantown needs a special zoning overlay to protect it from stores like this, I think she was wise, and I commend the Council in 2008 for supporting Donna Reed Miller in her wisdom to limit the number of Dollar Trees. I'd like to see her be consistent now. Thank you very much. (Applause.)

Stephanie Kindt, commenting on 110563. (Witness approached podium.)

Good morning. I have two handouts for Council. My name is Stephanie Kindt. I'm a staff attorney for SCRUB, the public voice for public space. Thank you for allowing me to testify today. Just very briefly, Bill 110563 is the building wrap bill at 6th and Callowhill. It will allow a 10,000 square foot digital billboard to face Franklintown Park. SCRUB, as everyone is aware, is opposed to large format digital signage in the City. Just a couple of concerns. I spoke before on this, just to highlight. This would violate the federal Highway Beautification Act, and I believe there is a letter that went to Council this morning from the Secretary of Transportation of the State of Pennsylvania indicating that if Council passes this bill, they're putting at risk 10 percent of the hundred million dollars in state and federal funding that's slated for state highway improvements. I would urge that before you vote, that at least consider -- take the letter into consideration, really closely examine what you're putting at risk by passing legislation that would allow signage this close to federal highways, of this size, of this location. It's really unprecedented. It's against the City Planning Commission. Alan Greenberger spoke as well. I would really urge Council to carefully, carefully consider your vote today. Thank you so much.

Thank you.

Sandi Weckessen, commenting on 110662. (Witness approached podium.)

My husband and I are proud to be Germantown residents ever since we moved to Philadelphia 40 years ago. Both of our children were born and raised in Germantown, and my daughter frequently points out that she is a lifelong resident of Germantown. My husband and I are both originally from Ohio, however. So having family visit us and comment on the many historic sites, unique mixture of fieldstone homes, colonial and Philly-style row homes and fabulous parks, all conveniently in Germantown, is as gratifying to us as it is entertaining to our visitors. Forty years ago when we moved here from New York City, we thought we died and gone to heaven. As a young couple both in graduate school, with no car, on a very tight budget, we could walk to our choice of several large, clean, well-stocked grocery stores, dry cleaners, butcher shops, pharmacies. And when our parents came to visit, we could choose from six very different locally owned restaurants and five major department stores Rowell's, Allen's, Franklin-Simon, JCPenney and Sears. Of course, now when family and friends visit, we can see the historic sites, tour the beautiful homes and walk in the fabulous park, but we can't take them shopping or dining in Germantown. You are no doubt familiar with the decades of Germantown Settlement's mismanagement. Fortunately that burden appears to be behind us and there seems to be no reason why Germantown cannot once again become a wonderfully varied shopping area both for our neighbors, who might be without cars, and for the many who would shop on their way to and from work, given the excellent public transportation hub at Chelten and Pulaski. But we need your help. I understand full well that you have a long tradition in this assembly of supporting the proposals of your fellow representatives. Doubtless that tradition was founded for good purpose and likely does serve that purpose from time to time. In this instance, however, that tradition will serve only to violate an even longer-held tradition, a tradition also founded by a Philadelphia-based legislative body meeting just a few blocks to the east of here. That tradition, as you all know, was in part responsible for making our country and our government balanced. That legislative tradition held that as representatives of the people, your first obligation is to those you represent, not to those with whom you serve. I ask simply that you honor that longer tradition, that you allow the other branch of our government, now engaged in the legal process, to complete that process and that you honor that tradition by voting in accord with the wishes of the larger community and not the request of one developer whose wishes are presented to you today by one of your own. I and my family are Germantown. (Applause.)

Robert Taylor, commenting on 110783 and 110757. (Witness approached podium.)

Good morning, Madam President.

Good morning.

Members of Council, ladies and gentlemen. I'm Robert Taylor, a citizen of South Philadelphia. I'm commenting on 110763, Water Department appropriations, materials, supplies and equipment; Bill 110757, administrative adjudication of parking violations. I oppose the parking violations bill because it simply bleeds the people and further drains their substance. It merely increases the costs and lowers time limits for people to reasonably respond to tickets that are churned out at a faster and faster rate. The general water supply should never be the vehicle for the delivery of medicine, such as fluoride. The CDC survey found that fluorosis affects more black American children than white American children. According to the CDC, quote, "No clear explanation exists why fluorosis was more severe among non-Hispanic black children than among non-Hispanic white or Mexican American children." This observation has been reported elsewhere and different hypothesis have been proposed, including biologic susceptibility or greater fluoride intake, according to Morbidity and Mortality, Weekly Report No. 54. The Water Department must lower the standard that it currently uses at one part per million, according to the Department of Health and Human Services. Quote, "HHS's proposed recommendations of 0.07 milligrams of fluoride per liter of water replaces the current recommendation of 0.007 to 1.2 milligrams." This updated balance recommendation is based on the recent EPA and HHS scientific assessment balance, the benefit of preventing tooth decay while limiting any unwanted health effects. Of course, it would be better to lower the amount of this toxic substance to zero, in my view. It damages brain, bone and other organs. Again, there's no drug that can be safely given to all people regardless of dosage, age, other medications and medical backgrounds. The safety of the people is the supreme law. Thank you for your time.

Thank you.

Paul Boni, commenting on 110717, 110718 and 110719. (Witness approached podium.)

My name is Paul Boni. I'm a Philadelphia resident. I'm also an attorney practicing here in the City, and I'm a member of the Board of the national advocacy group Stop Predatory Gambling. I'm here to testify in opposition to or to provide public comment in opposition to Bill Nos. 110717, 718 and 719, which would allow the expansion of the SugarHouse Casino on the border of Fishtown and Northern Liberties. I urge you to vote no. In my opinion, the majority of revenue from convenience casinos like SugarHouse comes from gambling addicts and problem gamblers. That's my opinion, but what do we know? We know that SugarHouse admits that a, quote/unquote, large number of its customers gamble there three, four, five times a week. That's what they said, three, four, five times a week. Why is that? Could it be that certain things that the casino does helps to encourage that frequency of gambling? How many of your constituents are gambling five times a week? The casino knows exactly. In committee, I requested that if these bills are approved, that they be amended to require that any future expansions be accompanied by a health impact assessment, which is a planning tool used by city planners, and I renew that request today. But more fundamentally, I plead with you to be curious about this matter. We are the largest city in the United States with casino gambling. That means that you share in the responsibility, and that also means that you can share in the protection of your constituents. You should not -- we should not just dismiss this by saying that people choose to go to a casino. No one chooses to become an addict. This is a public health matter, and it's going to be increasingly so. Thank you very much. (Applause.)

Micah Mahjoubian, commenting on 110057. (Witness approached podium.)

Thank you, Council President Verna and City Council, for providing us the opportunity to comment on Bill 110057, known as the equal benefits bill, introduced by Councilwoman Brown. My name is Micah Mahjoubian and I am on the Board of Liberty City LGBT Democrats and also serve as the Chair of its Policy and Advocacy Committee. I'm here joining many other members of Liberty City and the LGBT community in support of this bill. And I'd like you all to stand up, if many of you are still here, just to show your support of the bill. (Some people in audience stand.)

Liberty City is an organization that works to elect LGBT-friendly public officials that will work with the LGBT community to enact policies that is good for our members. The Philadelphia -Philadelphia needs the equal benefits bill, because the bill ensures that our City doesn't endorse discrimination in its private contracts. This bill says that if you want to do business with our City, you must do right by all of its citizens by providing the same employment benefits to life partners who share the same gender identity as those given to opposite sex couples. Permitting tax dollars to give the benefit to City employees -- to give benefit of City contracts to businesses that don't do so would be a use of tax dollars to endorse discrimination. The equal benefits bill is inclusive, because it uses the term "gender identity" in its definition of who is covered, which contemplates transgender people. The bill shows leadership by placing Philadelphia among a growing list of states and cities who have passed similar legislation. And, finally, the bill is smart, because it combats discrimination without costing the City a dime. Finally, I would just like to say that this legislation is important to Liberty City. Many of you have come before us every four years seeking our endorsement and we make you fill out those really long questionnaires. This is one of the questions that has been on our questionnaire, asking if you would support such legislation, and many of you have said throughout the time that you would. I'd like to particularly thank Councilwoman Blondell Reynolds Brown for actually working with Liberty City to introduce the legislation, and also thank the Law and Government Committee for allowing us to provide testimony. We were particularly gratified to see that when we and others in the community stood up in support of this legislation, there was absolutely no testimony against it, and that is quite gratifying to see LGBT equality legislation with no vocal opposition. So thank you for that. And I'd also like to thank Rue Landau, who also spoke on behalf of the Nutter Administration in support of the legislation, and we thank the Nutter Administration for supporting this. We look forward to working with you all on other legislation. Thank you. (Applause.)

John Otto, commenting on 110057. (Witness approached podium.)

Hello. My name is John Otto. I represent PFLAG, Philadelphia Chapter. PFLAG is a national organization that provides support, education and advocacy for our lesbian, gay, bi and transgender citizens, their families and friends. We urge your support of this legislation today. Today in this country and especially in this area, there's a lot of regulations in place that essentially have legalized discrimination against our LGBT community and citizens. Passage of this legislation today will remove in some small way one of those roadblocks to extending the same benefits and rights to the LGBT citizens that are members of our local community. Thank you. (Applause.)

Jason Goodman, commenting on 110057. (Witness approached podium.)

Good morning. My name is Jason Landau Goodman and I am a senior at the University of Pennsylvania and fifth-generation Philadelphia resident. I'm also the founding Executive Director of the Pennsylvania Student Equality Coalition, which is a statewide LGBT youth organization. We come here today in support of the passage of Bill No. 110057 as essential in securing equality and prosperity for Philadelphians, regardless of sexual orientation or gender identity. Harvey Milk, the openly gay San Francisco city supervisor whose assassination we marked this week, once said that all men are created equal, because no matter how hard you try, you can never erase those words. It is the reality that our nation has yet to realize this in employment, however. So we are very fortunate for the work of you and your predecessors over the past 30 years who have made our City a beacon for LGBT equality. This bill is another step towards that goal of full equality and inclusion. If this bill is adopted, it would send an extraordinarily positive message to Philadelphia youth. It will allow Philadelphians in same sex partnerships to fully commit to an occupation which allows him to prosper in his pursuit of happiness. The void without this law expresses that it is acceptable or accepted to not give these benefits to employees in same sex -- same sex partnerships. And this is something that LGBT youth do notice in coming out into the world. As we as young people join the workforce who may identify as LGBT or an ally to LGBT people, these equal benefits are an important benchmark. It is absolutely essential in attracting the brightest graduates and retaining the best employees in the City for economic gain. The absence of access to equal benefits impacts attitudes towards LGBT people in many different ways, including harassment and bullying we face in our schools. It's directly linked to the laws you pass or do not pass. Fairness in equality is something which is deeply felt throughout our entire society. Because, for example, if a child of a City contractor sees their parent interact with an employee who has a same sex spouse, what reason do they have to go to school the next day to act in a homophobic way? One reason less. It's widely known that Philadelphia is a leader in LGBT equality, and the Philadelphia Fair Practice Ordinance, which enumerates employment protections on this basis, is testament to that. So while we work hard in Harrisburg and Washington, Philadelphia should continue to help lead the way. So thank you again, and we commend you for your support of this bill, because it's what it means to be a Philadelphian, believing that all people are created equal. Thank you very much. (Applause.)

Our last speaker, Susan Guest, commenting on 110662. (Witness approached podium.)

Hello, everyone. I am from Northeast Philadelphia, but originally from North Philadelphia, Swampoodle. I think Germantown kind of borders North Philadelphia. I am saddened to think that people are going for another dollar store and thinking they're going to get a job there, probably going to bring family members in, take away a section of the City that is historical and put another store there. Zoning laws have been broken left and right in this City with a man named Lee, last name Lee, falling off a balcony at Monk's Cafe, a restaurant in Center City on South 16th Street that I frequented and love that could have killed -- he died and another person was injured. Other people walking by there or coming from there could have been killed as well. The zoning laws being broken or changed or not followed, like Oteri's Bakery in the Northeast, right behind -in the Robindale section at Fairdale and Knights, with no zoning, a little Fire Department, just like Comcast, just no checks at all, right behind a neighborhood, people's homes, widows with little kids, no way to get out, lights in their bedroom. We wanted a bakery in the neighborhood. There's a shopping center. Vacant. People need to know what they're standing for. I voted many times. I wonder if my vote has even been counted. I think that Germantown is a beautiful section, but it's not just about Germantown. It's about every neighborhood in this City and people coming together. And this is the problem. Newcomers from the City want to change the rules and run for City Council instead of lifelong residents like me that get laughed at. This is the problem. There are people in City Council that never got elected. There are people that have held the position of Mayor that never were elected. The Justice Department needs to come to this City for too many cops getting murdered that wasn't investigated. I worked at Colonial Penn. A woman from Germantown I think was running drugs out of there. Maybe that's why there's no businesses left in Germantown. We want good businesses for everyone. Teva Pharmaceutical up in the Northeast, taking other greenery away, from Israel. Who is going to work there? I'm a college graduate, two degrees, one with honors. I can't find a job. I couldn't even get my day in court in the Department of State Labor. Why? You people say you're about justice. We don't want any more leafy green gone. We had a job called Northeastern Hospital that nobody showed up for, that employed people all over the City and probably New Jersey, but nobody bothered to show up, that paid for a lousy dollar store, even if it was a certified nurses aide or orderly that could have went to LPN school, a success story at James Martin that was ended by City Council or some bureaucrat, some bureaucrat over there in Arlene Ackerman's predecessor, right? And I have something else to say. Mr. Primavera, are you from New York? Are you still here? Mr. Primavera, are you here still? He's the one that wants the dollar store, correct? I have a letter I've been trying to get to State Senator Mike Stack.

Ms. Guest?

There's something called Healing Way that's an illegality.

Ms. Guest?

It is supposed to be --

Ms. Guest?

-- restricted by the state.

Ms. Guest? (Ms. Guest still yelling as she's being escorted out.) (Pause.)

Thank you. 12/1/11 - STATED - 2ND READING Is there -(Ms. Guest still yelling.)

Is there anyone else here who has signed up to provide public comment on today's agenda? (Ms. Guest still yelling.) (No response.)

Seeing no one, that concludes our public comment period. (Ms. Guest still yelling.)

We will now consider the bills and resolutions on today's Second Reading and Final Passage Calendar. I would ask the Chief Clerk to please read the title of Resolution 110850.

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, 12/1/11 - STATED - 2ND READING 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.

Thank you. The Chair recognizes Councilwoman Tasco.

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

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is 12/1/11 - STATED - 2ND READING adopted. The Chief Clerk will please read the title of Resolution 110851.

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

The Chair recognizes Councilwoman Sanchez.

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

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. 12/1/11 - STATED - 2ND READING (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. We will now consider Resolution 110856.

A resolution supporting House Bills 1876 and 1990 which seek to strengthen the Commonwealth of Pennsylvania's abuse reporting law by requiring those who are aware of sexual offenses and abuse to report it to law enforcement.

The Chair recognizes Councilwoman Brown.

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

It has been moved and seconded that the 12/1/11 - STATED - 2ND READING resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110857.

A resolution honoring and congratulating The Kimmel Center for the Performing Arts on its Tenth Anniversary.

The Chair again recognizes Councilwoman Brown.

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

It has been moved and seconded that 12/1/11 - STATED - 2ND READING Resolution 110857 be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. We will now consider Resolution 110858.

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, 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 Fifth Ward of the City of Philadelphia.

The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, 12/1/11 - STATED - 2ND READING Madam President. I move for the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chief Clerk will please read Resolution 110859.

A resolution authorizing the Philadelphia City Planning Commission to take such action as may be necessary to effectuate the removal of deed restrictions with regard to the property located at 1001 through 29 South Broad Street, 1223 through 45 Washington Avenue, 1301 through 33 12/1/11 - STATED - 2ND READING Washington Avenue, 1300 through 42 Carpenter Street.

The Chair again recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. We will now consider Bill No. 110563.

An ordinance amending Title 14 of The Philadelphia 12/1/11 - STATED - 2ND READING Code, entitled "Zoning and Planning," by amending Section 14-1604, entitled "Outdoor Advertising and Non-Accessory Advertising Controls," by permitting certain non-accessory outdoor advertising signs within the area bounded by 7th Street, Spring Garden Street, 6th Street, and Willow Street.

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode. 12/1/11 - STATED - 2ND READING

Nay.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Nay.

Councilman Kelly.

No.

Councilman Kenney.

Aye.

Councilwoman Krajewski is voting nay. Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo. 12/1/11 - STATED - 2ND READING

Aye.

Councilwoman Sanchez.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Nay.

The ayes are 12; the nays are five.

A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 110662.

An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1631, entitled "Lower and Central Germantown Special District Controls."

The 12/1/11 - STATED - 2ND READING Chair recognizes Councilwoman Miller.

Thank you, Madam President. I actually just want people to -- those people that don't know, because we did talk about this in the hearing when we heard this bill, this is a project, a development project. When you do development projects for those -- most District Councilpeople have done this. We have some people that are for and some people that are against. We have petitions from both sides, and the "for" petitions actually have about 7,500 signatures on it, and then there's, of course, the silent majority. But this is a bill that supports a $14.3 million project that will bring 100 jobs, both full and part time, to this part of the City. Our city needs jobs, our citizens need jobs, and that's why we're supporting this bill. Thank you.

Thank you. 12/1/11 - STATED - 2ND READING The Chair recognizes Councilman Goode.

Thank you, Madam President. I hardly know where to start, but I'll start with thanking you for appointing me to the Rules Committee almost four years ago. That might not have been necessary since we had a Rules Committee hearing this morning. I rise not just to talk about this bill, but also to talk about a larger issue. There is actually nothing worse than having an unethical conversation about ethics, and that is part of what has happened this morning. If we actually look at this bill and what it actually does, this bill amends Chapter 14-1600 of The Philadelphia Code with only ten words. The ten words read "in a store less than 7,500 square feet in size." That's all the bill does. I understand why the issues are being raised that were being raised 12/1/11 - STATED - 2ND READING today. I object to the way they were raised. In the first testimony that was offered, there was a comment at the end of it that said, A Councilman once said to me the beauty of what we do in Council is, we don't have to show our motive for why we pass a bill. Prove him wrong. I was that Councilman who said that. Let me explain what I said and why I said it. I said it after the last Rules Committee hearing on this issue. In that hearing there was not an economic opportunity plan offered for this project. Needless to say, I questioned that vigorously. There was also not a community benefits agreement offered for this project. Other members of the Rules Committee questioned that vigorously. Before this project was approved in Committee, there was an economic opportunity plan offered and there was a community benefits agreement offered, which is why I supported the 12/1/11 - STATED - 2ND READING bill in committee. I make no bones about the fact that if a project comes to the Rules Committee that I sit on, I'm going to ask whether there's diversity that's being offered. I make no bones about the fact that if a vote is taken about a project with no economic opportunity plan, I don't have to tell you why I voted no, because you'll already know. But what has happened this morning is kind of strange. We have someone giving public comment who chooses to take a quote out of context, as if I was mentioning how I vote for a project related to anything other than economic opportunity. We have a general request by our citizens and taxpayers to ask us to vote against a bill so they can shake down a developer for a supermarket. We even have a State Representative come here and threaten all RCAP projects in the City if we don't vote their way. Yet, they come here to question our 12/1/11 - STATED - 2ND READING integrity and our ethics in an unethical way. I wish I could vote for this bill twice, but I will be voting for it aye at least once. Thank you.

Thank you. (People speaking in audience.)

This bill -- just a moment. This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. 12/1/11 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye. Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski is voting aye. Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown. 12/1/11 - STATED - 2ND READING

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. (People in the audience yelling.)

We will now consider Bill No. 110717.

An ordinance amending Title 14 of The Philadelphia Code by amending certain provisions of Section 14-406 concerning structures 12/1/11 - STATED - 2ND READING permitted in setback, Section 14-408 concerning parking requirements and parking lots, and Section 14-409 concerning off-street loading.

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman 12/1/11 - STATED - 2ND READING Greenlee.

Aye.

Councilman Jones.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney.

Aye.

Councilwoman Krajewski is voting aye. Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilwoman Sanchez.

Aye. 12/1/11 - STATED - 2ND READING

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chair recognizes Councilman Rizzo.

Madam President, I'd like to be excused at this time and I'd like to vote aye on all the remaining bills.

Leave is granted. We will now consider Bill No. 110718.

An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 146 and 271 by relocating the northwesterly 12/1/11 - STATED - 2ND READING and southeasterly curblines of North Delaware Avenue, from Frankford Avenue to Marlborough Street.

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Councilwoman Blackwell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee. 12/1/11 - STATED - 2ND READING

Aye.

Councilman Jones.

Aye.

Councilman Kelly.