Stated Meeting, March 21, 2013

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 14, 2013 10:40 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES KENNEY COUNCILMAN DENNIS O'BRIEN COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,

Good morning, everyone. (Good morning.) (Audience member yelling, "Good Morning, Darrell Clarke.)

Thank you, sir. I note that the hour has come. It appears we have established a quorum. I'd ask all guests and visitors to please take their seat and the members to also take their seat and anyone else on the floor to please retire behind the rail. Thank you so much. To give our invocation this morning, the Chair is happy to recognize the Reverend Dr. Alyn E. Waller, Senior Pastor of Enon Tabernacle Baptist Church. He is here today as the guest of Councilman Oh. I would ask all members and guests to please rise. (Members and guests rise.)

Let's bow our God, I thank you for this moment as the leaders of our city come together to deliberate and consider what is best for your people and what is your will. As those we have elected begin to discuss, I pray for Dennis O'Brien, Wilson Goode, Jr., Blondell Reynolds Brown, Curtis Jones, Jr., Brian O'Neill, Mark Squilla, Cindy Bass, David Oh, Bill Green, Maria Sanchez, Kenyatta Johnson, Marian Tasco, Bobby Henon, William Greenlee, Jannie Blackwell, James Kenney, our President Darrell Clarke, our Mayor Michael Nutter. I pray for all those who gather in this moment. Lord, your word says that the heart of the king is in the hand of the Lord, and I pray, oh God, that you would hold the hearts of these, your leaders; that ultimately that workers would be paid their worth; that children would be prioritized; that the poor would be considered; and that the welfare of we, the people, would rise above all other agenda and all other political considerations. And I pray, God, that justice would roll down so that ultimately we will live out the name of our city: Philadelphia, a place of love; Philadelphia, a place of peace; Philadelphia, the cradle of liberty. I thank you for this moment, oh God, and I thank you that your will will be done in this place. Frustrate anything that is not of your will so that ultimately your will would be done. I ask this in the name that is above every name, a name that at one day every knee shall bow and every tongue shall confess, in the name of Jesus, the Christ, my Lord. Let every heart say amen. (Amen.) (Applause.)

Pastor, thank you so much for those Council will be at ease. (Council at ease.)

Thank you so much, Pastor. Thank you so much. The next order of business is the approval of the Journal of the meeting of Thursday, March 7th, 2013. The Chair recognizes Councilman Greenlee.

Thank you, Mr. President. I move that the Journal of the meeting of Thursday, March 7th, 2013 be approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of Thursday, March 7th, 2013 stand approved. All those in favor please say so by saying aye. (Aye.)

opposed? (No response.)

The ayes have it. The Journal is approved. The next order of business is request for leave of absence. The Chair recognizes Councilman Jones.

Thank you, Mr. President. On behalf of the democrats, there are no requests for leaves of absence today.

Thank you. The Chair recognizes Councilman O'Neill.

Thank you, Mr. President. On behalf of the republicans, there are no requests for leave of absence.

Thank you so much. At this time, I would like to dispense with the regular order of our guests here today. Give yourselves a hand. (Applause.)

In some corners, that is called playing to the crowd. But, again, folks, thank you so much for being here. I was glad to see our municipal unions here. I want to thank you guys for the great work that you all do. (Applause.)

And all of our other labor leaders, thank you for coming down today. We hope that your day is a pleasurable one. And I recognize that we have a number of elected officials here today. I don't have a script to determine who, but you know where you are and you know who you are. I want to thank you all so much for being here and other important guests and visitors. Thank you again for coming to Council session today. (Applause.)

The next order of business is communications. The Chair requests that the Sergeant-of-Arms deliver the messages from the Mayor to the Chief Clerk. (Audience members booing.)

Mr. Decker, please read the messages.

To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on March 12, 2013, I signed all of the bills that were passed by Council at its session on February 28, 2013; and I am transmitting herewith for the introduction and consideration of your honorable body eight resolutions appointing new members to the Board of Directors of the Old City Special Services District; namely, Jafar Maleki, Reginald Cummings, Robert Dingman, Nick Gregory, Avram Hornik, Joseph Ritchie, Luca Sena, and Sonia Silverstein; and the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the West Oak Lane Redevelopment Area, identified by house number and street address as 6556 North Woodstock Street; and A resolution providing for the approval of the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2014 through 2018; and An ordinance authorizing the Fire Department, as the Sponsoring Agency of Pennsylvania Task Force One, of the National Urban Search and Rescue Response System, to enter into multi-year agreements with Participating Agencies for the purposes of developing resources for emergency preparedness; and An ordinance authorizing the Office of the City Treasurer to enter Wells Fargo Bank for provision of payroll banking services to the City; and An ordinance authorizing the Commissioner of Public Property of the City of Philadelphia, in cooperation with the Philadelphia Municipal Authority, to undertake a project to promote the health, safety and welfare of the residents of the City of Philadelphia; and An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled "City Funds - Deposits, Investments, Disbursements," by amending Section 19-201, entitled "City Depositories," by authorizing the City Treasurer to deposit funds in Bank of New York Mellon; and An ordinance constituting the sixteenth supplemental ordinance to the Restated General Water and Wastewater Revenue Board Ordinance of 1989; and An ordinance amending Chapter 19-1800 of The Philadelphia Code, "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax," to further authorize the tax and to set the rate for such tax; and An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates; and An ordinance amending Chapter 19-1300 and 19-1800 of The Philadelphia Code, entitled, respectively, "Real Estate Taxes" and "School Tax Authorization," by establishing a tax rate for City real estate tax and authorizing and establishing a tax rate for School District real estate tax; and An ordinance to adopt a Capital Program for the six Fiscal Years 2014 through 2019 inclusive; and An ordinance to adopt a Fiscal 2014 Capital Budget; and An ordinance adopting the Operating Budget for Fiscal Year 2014, all under certain terms and conditions.

Thank you, Mr. Decker. Those messages will be printed in the Journal. Do you have any other communications?

I have none, Mr. President.

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

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

Thank you, sir. The Chair recognizes Councilwoman Blackwell.

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

Thank you. The Chair recognizes Councilman Greenlee.

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

Thank you, Councilman. The Chair recognizes Councilman Henon.

Thank you, Mr. President. I have one resolution to be referred to committee co-introduced by you, Council President, and myself.

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

A privileged resolution calling for the City Council Committee on Public Property to hold hearings exploring the economic benefits of the City selling or more fully capitalizing certain municipal assets including selling surplus property and aggressively capitalizing revenue-generating facilities.

Thank you. That resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilwoman Tasco.

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

Thank you, Councilwoman. The Chair recognizes Councilman Johnson.

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

Thank you, Councilman. The Chair recognizes Councilwoman Sanchez.

No bills or resolutions today. Thank you.

Thank you, Councilwoman. The Chair recognizes Councilman Green.

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

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

I have no bills or resolutions, Mr. President.

Thank you. The Chair recognizes Councilman Goode.

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

Thank you, Councilman. The Chair recognizes Councilwoman Brown.

Good morning, Mr. President. I offer one bill and one resolution and I wish to speak on the resolution, Mr. President.

Thank you.

An ordinance amending Chapter 17-500, entitled "Goals For The Participation of Minority, Female And Disabled Owned Businesses In City Contracts," by requiring contractors seeking to do business with the City to disclose the number of women serving in executive positions and serving on their executive and full boards.

That bill will be referred to the appropriate committee.

And a privileged resolution Recognizing and Congratulating the 2013 Next Generation of Leaders: Rising Stars.

Councilwoman, would you like to speak now or before the vote?

The vote.

The Chair recognizes Councilwoman.

I move for the adoption.

No, no. Did you want to speak on that now?

Yes, on that particular resolution.

At this time?

I want to speak on when we call for a vote on the bill -- on the resolution I wish to have voted on today.

Okay. You want to speak later, all right. Thank you. That resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilman Jones.

Thank you, Mr. President. I have seven bills and two resolutions, one co-sponsored by Councilwoman Blackwell.

Thank you.

An ordinance to adopt a Capital Program for the six Fiscal Years 2014 through 2019 inclusive.

That bill will be referred to the appropriate committee.

And an ordinance to adopt a Fiscal 2014 Capital Budget.

That bill will also be referred to committee.

And an ordinance adopting the Operating Budget for Fiscal Year 2014.

That bill will be referred to committee.

And an ordinance amending Chapters 19-1300 and 19-1800 of The Philadelphia Code, entitled, respectively, "Real Estate Taxes" and "School Tax Authorization," by establishing a tax rate for City real estate tax and authorizing and establishing a tax rate for School District real estate tax.

That bill will also be referred to the appropriate committee.

And an ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax," to further authorize the tax and to set the rate for such tax.

That bill will be referred to committee.

And an ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates.

That bill will be referred to committee.

And an ordinance authorizing the Fire Department, on behalf of the City of Philadelphia, as the Sponsoring Agency of Pennsylvania Task Force One of the National Urban Search and Rescue Response System, to enter into multi-year agreements with Participating Agencies for the purposes of developing resources for emergency preparedness.

That bill will be referred to committee.

And a privileged resolution honoring and recognizing Philadelphia's self-made Light Heavyweight Boxing Champion Bernard Hopkins, also known as "The Executioner." (Applause.)

That resolution will be placed on today's Final Passage Calendar.

And a privileged resolution honoring and celebrating Malik Bishop, Faith Fenton, Aderinsola Solebo, Maisie Brolly, Jenna Cox, and Stephanie Pleasant of Greenwoods Charter School for winning Honorable Mention in the Toshiba/NSTA ExploraVision contest for their entries entitled "Injection of Carbon Nanotubes to Heal Bone Fractures" and "The Peechy Toothbrush."

That resolution will also be placed on today's Final Passage Calendar.

And a non-privileged resolution providing for the approval of the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2014 through 2018.

That resolution will be referred to committee. The Chair now recognizes Councilman O'Neill.

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

Thank you, Councilman. The Chair recognizes Councilman Squilla.

Thank you, Mr. President. I have eight non-privileged resolutions.

Thank you, sir.

A resolution appointing Reginald Cummings to the Board of Directors for the Old City Special Services District; and A resolution appointing Jafar Maleki to the Board of Directors for the Old City Special Services District; and A resolution appointing Robert Dingman to the Board of Directors for the Old City Special Services District; and A resolution appointing Nick Gregory to the Board of Directors for the Old City Special Services District; and A resolution appointing Avram Hornik to the Board of Directors for the Old City Special Services District; and A resolution appointing Sonia Silverstein to the Board of Directors for the Old City Special Services District; and A resolution appointing Joseph Ritchie to the Board of Directors for the Old City Special Services District; and A resolution appointing Luca Sena to the Board of Directors for the Old City Special Services District.

The eight resolutions just read shall be referred to committee. The Chair now recognizes Councilwoman Bass.

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

Thank you, Councilwoman.

A non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the West Oak Lane Redevelopment Area, identified by house number and street address as 6556 North Woodstock Street.

Thank you. That resolution will be placed on next week's Final Passage Calendar. The Chair recognizes Councilman Oh.

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

Thank you, Councilman.

An ordinance authorizing and directing the use of Fiscal Year 2013 General Fund positive fund balance to increase an appropriation for the Fire Department for the undisputed $66,000,000 of the Fire Fighters' contract. (Applause.)

That bill will be referred to the appropriate committee. Thank you very much, sir. Before we move on to our next order of business, I would like to take a moment to recognize my friend and former mentor, former Mayor Street. (Applause.)

Thank you for being here today, sir. The next order of business is reports from committees. The Chair recognizes Councilman Greenlee for a report from the Committee on Rules.

Thank you, Mr. President. The Committee on Rules reports three bills with a favorable recommendation.

Thank you. Mr. Decker, 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. 120821, entitled "An ordinance continuing the Roxborough district, a neighborhood improvement district, beyond its termination date in an area that generally includes both sides of Ridge Avenue from Main Street to 7220 Ridge Avenue and certain blocks of streets that intersect that portion of Ridge Avenue; continuing the designation of the Roxborough Development Corporation, a Pennsylvania nonprofit corporation, as the Neighborhood Improvement District Management Association for the District"; and Bill No. 130060, 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 Belmont Avenue, Monument Avenue, Ford Road, and (extended)"; and Bill No. 130080, 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 Mifflin Street, Broad Street, McKean Street and 15th Street," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Thank you. The Chair again recognizes Councilman Greenlee.

Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 120821, 130060, and 130080. (Duly seconded.)

Thank you very much. It has been moved and properly seconded that the rules of as to permit first reading this day of Bills No. 120821, 130060, and 130080. All those in favor please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and these bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilwoman Bass for a report from the Committee of Parks, Recreation and Cultural Affairs.

Thank you, Mr. President. The Committee on Parks, Recreation and Cultural Affairs reports three bills with a favorable recommendation.

Thank you. Decker, would you please read the report.

The Committee on Parks, Recreation and Cultural Affairs, to which was referred Bill No. 120827, entitled "An ordinance amending Chapter 15-600 of The Philadelphia Code, entitled 'Parks and Playgrounds,' by providing for an annual report containing details of any and all reported violations of Title 18 of the Pennsylvania Consolidated Statutes and violations of Title 35 of the Pennsylvania Unconsolidated Statutes, Section 780-113, which take place on the grounds of any Park or Playground"; and Bill No. 120828, entitled "An ordinance amending Chapter 15-700 of The Philadelphia Code, entitled 'Recreation Centers,' by providing for an annual report containing details of any and all reported violations of Title 18 of the Pennsylvania Consolidated Statutes and violations of Title 35 of the Pennsylvania Unconsolidated Statutes, 780-113, which take place on the ground of any Recreation Center"; and Bill No. 130065, entitled "An ordinance amending Title 16 of The Philadelphia Code, entitled 'Public Property,' by providing for a prohibition on firearms and deadly weapons in or around City-owned or City-occupied facilities," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Thank you. The Chair again recognizes Councilwoman Bass.

Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bills No. 120827, 120828, and 130065. (Duly seconded.)

It has been moved and properly seconded that be suspended so as to permit first reading this day of Bills No. 120827, 120828, and 130065. All those in favor say aye. (Aye.)

Those opposed? (No response.)

The ayes have it. Those bills will be placed on our First Reading Calendar today. The next order of business is consideration of the Calendar. I note that the bills just reported from committee will be deemed to have had a first reading and will be placed on our First Reading today for the next session of Council. As there are no additional bills on the First Reading Calendar, the Chair recognizes Councilman Jones for the purpose of calling up resolutions and bills on today's Final Passage.

Thank you, 2ND READING Mr. President. The following resolutions and bills are being called up for Second Reading and Final Passage Calendars today: Nos. 120187, 130168, 130169, 130170, 130172, 130340-AAA, 120823-A, 120917-AA, 130011, 120961, 130003, 130017, 130018, 130019, 130020, 130021, 130022, and 130004. All other resolutions and bills are being held. All right. We are holding 120823-A and 120340-AAA.

Thank you, Councilman. The next order of business is public comment. Before considering these bills and resolutions, I would like to at this time explain the rules relating to public comment. There will be a device in the middle of the room very shortly at the podium. That device when it turns green, you will be given three minutes to speak. We hold it to three minutes because we want to ensure that everyone has an opportunity to speak on these very important measures. When the light turns yellow, it means that there are 30 seconds before you must conclude your remarks, and when it turns red, we ask that you please adhere to the rules and conclude your remarks. And we thank you for your cooperation. At this time, I'd ask Mr. Decker to please call the name of the first individual who will testify on bills and resolutions that are only on the Final Passage today.

Myles Gordon, commenting on 130004. (No response.)

Myles Gordon. (No response.)

Rob Wonderling, commenting on 130004. (Witness approached podium.)

Thank you. My name is Rob Wonderling. Again, thank you, Council President Clarke. We appreciate the opportunity to address you today.

Good morning, sir.

Again, thank you, Council President Clarke and members of Council. We appreciate the opportunity to address this bill before you today. First, we want to thank you, Council President, for the strong working relationship we have with you and individual members of this legislative body. We also want to applaud the prime sponsor of this bill for his well-intentioned and productive dialogue with us. In fact, we are pleased to support the prime sponsor on a bill recently signed by the Mayor to improve the fiscal health of this city. But we stand here today on behalf of the Greater Philadelphia Chamber of Commerce and countless small businesses in this city and ask for a no vote on this legislation. We ask for this no vote for one simple reason: This bill, as proposed, will not create one new job for a citizen of this city. Thank you, Council President.

Thank you for your testimony.

Michael Harris. (No response.)

Michael Harris. (No response.)

Joe Jowett. (No response.)

Joe Jowett. (No response.)

Steve Bradley. (No response.)

Steve Bradley. (No response.)

Vincent Fragle. (Applause.)

Commenting on 130004. (Witness approached podium.)

Good morning.

Good morning, sir.

City Council, my name is Vince Fragle. I'm Business Agent for District Council 33, Local 1927, and I'm here today to tell you that every City worker and any worker that works in the City deserves to have sick days. But I'm a little mixed up. You're here to pass a bill to give private-sector sick days and you're not fighting for us. The Mayor right now is trying to push through a contract that says that when one of my members is out with a stomach virus on Tuesday and Wednesday, and on Friday night when it snows 12 inches of snow, they got to come in as essential workers on Saturday and Sunday and not get paid overtime because they were out sick during the week. (Applause.)

Now, I want to know -- you know what's going on. The 17 people in City Council know what's going on. Now, I'm asking you to pass this bill today because the private sector needs it, but I'm asking you to get your head out of the sand and take care of District Council 33's people. (Applause.)

That's what needs to be done today. I'm telling you, City Council, don't do anything else. Get this Mayor to get to the table and give us a contract. (Applause.)

You know the story. My friend Pete Matthews has been here telling it 500 times to this city. You know the story. We save the City money. I look out this damn window, I see where the Mayor wasted $2 billion -(Applause.)

-- on capital funding projects that we didn't need. He closed five ice skating rinks and built one for $60 million. Did any of you guys buy a pair of ice skates yet? I know you're going to be skating on it. What are you's going to do? Are you going to get your head out of the sand and help us or are you just going to smile and shake our hand and give us the bullshit you've been doing? (Applause.)

Thank you for your testimony, sir. Mr. Decker, please call the next name.

Chloe Bruten. (No response.)

Chloe Bruten, commenting on 130004. (Applause.)

Good morning.

Good morning.

My name is Chloe Bruten. I am 21 years old and have worked in the restaurant industry for four years. I'm here today with the Restaurant Opportunities Center to speak in favor of earned sick days. My mother, a single parent of two children, has worked in the restaurant industry for 23 years and has never had a paid sick day. As a child of a career worker, when my mother was sick and could not take a day off to take care of me because she did not have a sick day. One time I was so sick, my friend had to come and check on me and make sure I was okay, because we could not afford to have my mother stay home. My mother loved me and wanted to be able to take care of me when I was sick, but did not have that option. I wish she did. All workers deserve to stay home when they are sick or have to take care of a sick child. I know what it is like to have a mother without having earned sick days, and I know many people in this room, including Councilwoman Bass, know what it is like as well. That is why I'm so glad she is a co-sponsor and a supporter of this bill. I am not only speaking in favor of my mother, but for all mothers, especially single mothers. Thank you.

Thank you. (Applause.)

Darren McKoy, commenting on 130004. (Witness approached podium.) MR. McKOY: Good morning.

Good morning, sir. MR. McKOY: My name is Darren McKoy and I live in the West Philadelphia area. I am a member of 32BJ SEIU. For the last six years, I have been a cleaner for the School District. Thankfully I have earned sick days through my job and my union. I am here today speaking out for the 41 percent of Philadelphia workers who currently don't have earned sick days. As a maintenance worker at Ben Franklin High School, I come into contact with a lot of kids. I know how important it is to stay healthy and take a sick day when they need to. Without sick days, I would still have to go to work. If I did not have sick days, instead of being out for a couple of days for a minor cold, I would have to let it get worse and eventually be out for a couple weeks more. When I get sick, I take a day off, get to the doctor, get the medicine I need, and move on. That's the way it should be for everyone. I am speaking out today not only as a 32BJ member but as a parent. I have a four-year-old daughter and a 16-year-old son who are both in school. Passing the earned sick days bill would not only help workers but would help parents whose children come in contact with countless workers every day, whether it's in school, on the train or at fast food restaurants. This is a public health issue that should be a priority for every parent in the City. I urge City Council to support the earned sick days bill, and I'd like to thank my Councilman, Curtis Jones, Jr., as well as Council Bill Greenlee for their leadership on this bill. Thank you.

Thank you. (Applause.)

Michael Cockrell. (No response.)

Michael Cockrell. (No response.) UNIDENTIFIED SPEAKER: He's here. I'll get him. He's not in here.

Cheryl Jackson. (No response.)

Cheryl Jackson. (No response.)

Tracy Gibson. (No response.)

Brother Tracy Gibson, commenting on 130004. (Witness approached podium.)

Yes. Good morning.

Good morning.

Hello, Council President. My name is Brother Tracy Gibson. I represent Brother Tracy Gibson and Associates Incorporated, which is a public relations and marketing firm, which is a new breed of company in the City and in this country that is for union rights, and we want to make sure that everybody gets paid, not just the rich. And I'm also a representative of the Black Millionaires Network. I want to tell you that I am for sick leave, but I did not -- because of the haphazard way in which our government is run, I was not able to read the bill, so I could not tell you if I'm for or against the bill at this point. But I will tell you this, that we need to be more supportive of our unions. We need to make sure they get decent living wages, because people -- when families are paid properly, they are able to pay their taxes. They are able to pay for their houses. They are able to pay for their children to get through school properly. This is what we need to be doing to support our families and our -not only black families but all families in the City. So I am for the bill, but I don't -- I haven't read it properly because of the haphazard way in which our government is run. That's all I have to say. Brother Tracy Gibson and Associates. (Applause.)

Michael Cockrell, commenting on 130004. (Witness approached podium.)

Good morning, everybody.

Good morning.

My name is Michael Cockrell. I've been a cook in the restaurant industry for 13 years. I'm here with the Restaurant Opportunities Center to speak in favor of earned sick days. Sick days are a benefit that will have helped me many times during my career by allowing me to take care of myself and my 17-year-old son without risking my job. I took -- I'm sorry. I took -- at my last job I was slicing tomatoes and I cut myself. I was bleeding badly. I left the station, washed it out, and wrapped it up and waited about 20 minutes for the bleeding to stop. I took the wrap off and I was scared to find out that it had not stopped. It was still bleeding so bad, I couldn't even put a Band-Aid on it. I showed the kitchen manager, and he told me that it was too busy to let me go. If I would have left, I could have been fired. I had to keep cooking and washing dishes for three hours in that condition. Finally, after work, I went to the emergency room and got some stitches. Another instance, last year I had to take my son to the emergency room because he had severe -- had a severe asthma attack. I called the restaurant 24 hours before my shift and told them that I couldn't make it until he got out of the hospital. When I returned, the kitchen manager gave me a hard time and threatened to write me up, which could have resulted in my termination. Everyone gets sick. The earned sick leave bill will prevent workers from being disciplined for being sick. Restaurant workers work hard. This bill would allow us to earn sick time so that we can take care of ourselves and our families. Thank you. (Applause.)

Thank you.

Marvin Robinson, commenting on 130004. (Witness approached podium.)

Hi. Thank you. First of all, I want to say good morning, President -

Good morning.

-- the rest of the Council. Most of y'all knows me. Y'all know me very well. And we've been fighting about this bill for about two, three years. President Clarke, Darrell Clarke, is the one that sponsored the bill to City Council. Greenlee took it up. Now, if y'all really want to do something right for us, the people, pass the bill. Y'all did it once. The Mayor vetoed it. Show the Mayor that we are the people. Stand with us. (Applause.)

Stand with us. Y'all did it before. Do it again. Because this is important. I ain't even got a job, but when my daughter goes to the next job or when my grand-kids, whenever she have some, they can get earned sick pay without being sick. I mean, we talking about future, future. We're not talking about us no more. We talking about our generation to come. And this is an outstanding bill. It's a win situation for all. And one thing I want to say before I leave this mic, if the Mayor have a problem with corporates having a problem with earned paid sick day, tell the damn corporates to get out of our city, because this is our city, we run it, and what we want is what we expect to get. Thank you very much. (Applause.)

Thank you.

Tyrone Ferguson, commenting on 130004. (Witness approached podium.)

Hello. Good morning, everyone, and thank you for allowing me to be here. My name is Tyrone Ferguson and I'm a former homeless individual. I'm a former alcoholic. I'm a former dropout. I stand here today to ask for your permission to speak and be the voice of the voiceless. My mother passed two years ago as I stood here before and gave testimony. I have an 81-year-old father who's disabled. As you can see, myself, I am disabled. Most of you can look towards your left and look towards your right. I have osteoarthritis. I have diabetes. And I still stand here as an individual for the voice of the voiceless. Many people today, seven out of ten people today who are workers, they are mothers who have children. They need their sick pay. Even the CDC says that when you are sick, stay home. When you are sick, keep your children home. Seven out of ten workers today, 68 percent report that they have gone to work with the stomach virus, with the flu. This is an epidemic. Even today there's a disease called septic where they have no known cure. As you as a worker, if you as a worker, would you allow your children, would you go to work sick knowing that you may contaminate other individuals? We need to speak out here for the women, the mothers who have children, who wants to take a day off and cannot take a day off. You know that person who was a former alcoholic? Today I have a Master's degree in business education. (Applause.)

I am free from drugs and I'm able to get back out there to go to work, even though that I am disabled, even though that I cannot see to my left and to my right due to osteoarthritis. Those of you who are in the power, you have the power to pass this bill, and I ask each and every one of you, be careful of the people that you take advantage of going up because these are the same individuals that you will see coming down. (Applause.)

I speak on behalf of the disabled veterans. I speak on behalf of the women, even the men. Forty-three percent of men are working today without sick pay. They deserve it. Sick pay reduces turnover. It increases the productivity, and it reduces the spread of contamination. Fifty-three percent of working mothers and 40 percent of working fathers don't have paid sick day to care for their children. That is a catastrophe in itself. I thank you for allowing me to be here. Two years ago I spoke, and after I finished, I almost passed out. Who is going to here revive me if I was to pass out here today? I thank you for allowing me to be here. Have a great day. May God bless you all. (Applause.)

Thank you, sir.

Garth Weldon, commenting on 130004. (Witness approached podium.)

Good morning. Thank you for having me. I want to speak a little bit from the standpoint of operating a business in the City. I opened a business in Philadelphia 15 years ago. It's not a chain restaurant, which might be able to afford this benefit, but I do keep 55 people employed and have kept them employed. In the beginning of the recession, I asked all of my managers, myself included, to take a reduction to get through the recession. They did. They all stayed with me, and we were able to restore that recently. But the economy has not turned around yet. My customers ask me, How is business? And I tell them the same thing: The volume is up a little bit, but the margins are gone. And they all say, That's true with me too. I'm a jeweler. I'm a banker. I'm a lawyer. They say, That's true in my business as well. The margins have disappeared. In fine dining, the margin traditionally was 4 percent or four cents on the dollar. That's gone. In the summertime, I ask my vendors to just hang in there with me. And so what happens traditionally, you pay your vendors on the 15th of the following month, your suppliers. You can't pay them in the summer in Philadelphia. So they wait 60 days, in some cases 90 days, and then you hope to catch up in the fall and get people current again. This is the reality of business right now. There may be a time to provide this benefit, but not in this economy. In this economy, business is about survival. So as far as costs, this is what's eating up the margins. Anything relating to energy, produce, seafood, my main product -- and then I can't stop serving it, because it's called The Prime Rib -- is a piece of 18-pound prime rib that cost me $75 for years. (Audience members booing.)

In the last 18 months -

Hold it, sir. Folks, folks, folks, hold on. Time out. Folks -

I just want to point out the reality of business.

Everybody has their opinion. Please respect the speaker. We'll vote today on the bill and we'll do what we have to do. Respect the speaker, please.

I just want to tell you the facts of business. So this same product today, I'm paying $162. So my product cost has doubled, but I can't double my menu prices, so we take the hit on the margins. This is white-knuckle time in business, not paid-sick-leave time. Thank you.

Thank you. (Audience members booing.)

Allie Cicoski, commenting on 130004. (Witness approached podium.)

Hi. My name is Allie Cicoski and I'm here on behalf of Serafina Restaurant. I'd like to say thank you to all the Councilmembers that are in opposition of this bill. I'd like to clarify that I have been in this industry for a little under ten years. I started as a bus girl. I've worked as a server. I've pulled the long hours. I've done banquets and assistant managing. I've also been in different areas of management, and I do not oppose the idea of full-time employees having paid sick days. However, in the way that this bill is being constructed, I believe that each employer has the right to write their own handbook on how that should go about. (Audience member yelling "You got sick days?")

No, I do not. I am a full-time employee and I am doing my dues. In the business that I am in and the business that we're all in, I believe that you have to put your time in. And I understand about single parents, and I feel for you. However, you know, I've worked when I had more pressing personal matters, and this is the industry that I want to be in. And the people that are in this industry as part-timers and going to school and to supplement your income -(Audience members yelling.)

Wait a minute.

I just believe that this is trying to control the way that businesses are trying to run their own individual business. From the ground up from small businesses, the way that it is with the way that money comes in -- and I understand where people were saying to change a menu, but the way that money comes in, it doesn't always go out. And so when people call out, the amount of extra time and the extra expense that would have to be undertaken to correct things lays on other people, and then that increases their hours and then 3/14/13 - STATED - 2ND READING there's overtime. We encounter problems every day, and with this bill with being able to call out in certain ways, I just believe that each business should be able to do it in their own way. That's it.

Thank you. (Audience members yelling.)

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

I'm sorry, Mr. Decker. That concludes the speakers?

There are no other speakers, Mr. President.

Thank you. Thank you so much. That concludes our public comment. We will now consider the bills and resolutions on the Second and Final Reading Passage. At this time, Mr. Decker, can you please read the title of 120187. 3/14/13 - STATED - 2ND READING

A resolution authorizing Council's Committee on Commerce and Economic Development to hold hearings examining the level of female participation on executive boards in companies that do business in the City of Philadelphia.

Councilwoman Brown.

Yes, Mr. President. This is the resolution I wish to speak on. One year ago --

Councilwoman, hold on a second. Folks, could you please keep your voices down so we can make sure we can hear the Councilwoman.

Thank you, Mr. President. One year ago, March 7th, 2012, I introduced a resolution calling for hearings on the level of female participation or the lack thereof on 3/14/13 - STATED - 2ND READING executive boards in the City. Today, we come full circle as I introduce the official report, Women on Corporate Boards: We Can Do Better. The report is a result of a year-long process. The notion that women should be treated equal to our male counterparts remains a dream deferred, equal pay for equal opportunity for advancement. As our kids might say, Hello, it's 2013, what is the problem? This report details the problems. The findings include, but are not limited to, in 2013, 11 percent of board seats in the top 100 public companies in the region are occupied by women. Women of color, women who look like me, less than 1 percent board seats in the region. I repeat, women of color occupy less than 1 percent of board seats in the region. Forty-one percent of the boards in Philadelphia have no women, zero women, sitting on the boards. In 1976, 3/14/13 - STATED - 2ND READING women occupied 5 percent of Fortune 500 board seats. Thirty-five years later in 2011, the number has grown to 16 percent. If we continue to grow at the same pace, we will reach gender equality when my 16-year-old daughter is 75 years old. We recognize still that if you're not at the table, you're on the menu. Mr. President, I can assure you that as we put together this report, we did not have to ask for binders of women. I've had the privilege to collaborate in person with a number of women, intelligent, confident, driven, diverse women, who care about this issue. We came together to ask tough questions and develop strategies, many of whom are in this room, who gave their talent, their intellect, and their work ethic, and on behalf of my office, I thank every single one of you. Throughout the process, we worked together. We held private 3/14/13 - STATED - 2ND READING meetings to gather feedback and brainstorm. Together, we followed through with a call for a public hearing in City Council last fall. Together, we heard from a full range of panelists representing corporate Philadelphia, business community, labor community, the Nutter Administration, the Greater Philadelphia Chamber of Commerce, the Hispanic Chamber of Commerce, and the African American Chamber of Commerce. And we were delighted that our hearing was also occupied by what I call enlightened men. We analyzed the data, looked at best practices in other municipalities, and now have a set of recommendations that we will be presenting today. So with that, Mr. President, I ask for the adoption of the resolution. (Duly seconded.)

It's been moved and properly seconded. All those in favor? 3/14/13 - STATED - 2ND READING (Aye.)

Those opposed? (No response.)

The ayes have it. Resolution 120187 is adopted. Mr. Decker, please read the title of 130168.

A resolution amending Resolution No. 120001, as amended, which provides Rules for the Government of the Council of the City of Philadelphia, by providing for the period between the time that Councilmanic district boundaries are redrawn and the time that Councilmembers elected to represent the revised districts first take office.

Thank you. The Chair recognizes Councilman O'Neill.

Thank you, 3/14/13 - STATED - 2ND READING Mr. President. I move the adoption of the resolution. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it. Resolution 130168 is adopted. Mr. Decker, please read the title of 130169.

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-First Ward of the 3/14/13 - STATED - 2ND READING City of Philadelphia. (Audience member yelling, "What he say?")

It's okay. We understood what he said. 130169, the Chair recognizes Councilman Squilla.

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

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

Those opposed? (No response.)

The ayes have it. Resolution 130169 is adopted. Mr. Decker, 130170.

A resolution authorizing the Commissioner of Public 3/14/13 - STATED - 2ND READING Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-First Ward of the City of Philadelphia.

Thank you. The Chair again recognizes Councilman Squilla.

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

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

Those opposed? (No response.)

The 3/14/13 - STATED - 2ND READING ayes have it. 130170 is adopted. Mr. Decker, 130172.

A resolution calling on Mayor Michael Nutter and his administration to pay the non-disputed amount of the Philadelphia Fire Fighters' contract immediately and -(Applause.)

-- set aside 50 percent of the disputed amount within a specific designated category of the General Fund portion of the Annual Budget equally prorated over four years beginning in FY 2014 so that funds are available for payment in the case that an agreement is reached between the City and IAFF Local 22. (Applause.)

The Chair recognizes Councilman Oh.

Thank you, Mr. President. May I be heard on this resolution?

Most 3/14/13 - STATED - 2ND READING certainly, sir.

Thank you very much, Mr. President. Mr. President, today I introduced an ordinance to immediately pay out of the General Fund surplus, which is a surplus of 114,156 -$114,156,000. The surplus then provides enough funds for the $66 million to be immediately paid. This resolution is to immediately pay $66 million that is past due and then to set aside the disputed amount. In fact, we have an odd situation where the employee says, You owe me $66 million, and the employer says, No, I owe you $200 million; therefore, I cannot pay any of the money to you. What this resolution does, Mr. President, is ask the Mayor, on behalf of the citizens of Philadelphia that ultimately will have to pay this bill, we should not be spending money on other things, but we should take care of 3/14/13 - STATED - 2ND READING the wages that we owe. (Applause.)

So with that, I would move for the adoption of the resolution.

Can I get a second? (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it. (Applause.)

Resolution 130172 is adopted. Mr. Decker, can you please read the title of 120917-AA.

An ordinance amending Title 14 of The Philadelphia 3/14/13 - STATED - 2ND READING Code, entitled "Zoning and Planning," by revising certain provisions relating to allowed uses and dimensional standards in commercial districts.

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

Councilwoman Bass.

Aye.

Councilwoman Blackwell.

Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Henon. 3/14/13 - STATED - 2ND READING

Aye.

Councilman Johnson.

Aye.

Councilman Jones.

Aye.

Councilman Kenney.

Aye.

Councilman O'Brien.

Aye.

Councilman O'Neill.

Aye.

Councilman Oh.

Aye.

Councilwoman Quinones-Sanchez.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman 3/14/13 - STATED - 2ND READING Squilla.

Aye.

Councilwoman Tasco.

Aye.

Council President Clarke.

Aye. The ayes are 17; the nays are zero. This bill having been voted on by a majority of the members present, the bill passes. Mr. Decker, please read the title of Bill No. 130011.

An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled "City Funds Deposits, Investments, Disbursements," by requiring that contracts with proposed recipients of City Payroll Deposits, as well as any renewals of such contracts, include an annual statement of community reinvestment goals in addition to existing requirements. 3/14/13 - STATED - 2ND READING

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

Councilwoman Bass.

Aye.

Councilwoman Blackwell.

Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Henon.

Aye.

Councilman Johnson.

Aye. 3/14/13 - STATED - 2ND READING

Councilman Jones.

Aye.

Councilman Kenney.

Aye.

Councilman O'Brien.

Aye.

Councilman O'Neill.

Aye.

Councilman Oh.

Aye.

Councilwoman Quinones-Sanchez.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Squilla.

Aye.

Councilwoman Tasco. 3/14/13 - STATED - 2ND READING

Aye.

Council President Clarke.

Aye. The ayes are 17; the nays are zero. A majority of all members present having voted in the affirmative, the bill passes. Mr. Decker, please read the title of 120961.

An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 195 by striking from the City Plan Webb Street from Albert Street to Huntingdon Street.

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

Councilwoman Bass. 3/14/13 - STATED - 2ND READING

Aye.

Councilwoman Blackwell.

Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Henon.

Aye.

Councilman Johnson.

Aye.

Councilman Jones.

Aye.

Councilman Kenney.

Aye.

Councilman O'Brien.

Aye. 3/14/13 - STATED - 2ND READING

Councilman O'Neill.

Aye.

Councilman Oh.

Aye.

Councilwoman Quinones-Sanchez.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Squilla.

Aye.

Councilwoman Tasco.

Aye.

Council President Clarke.

Aye. The ayes are 17; the nays are zero. A majority of all members present having voted in the affirmative, the bill passes. 3/14/13 - STATED - 2ND READING Mr. Decker, 130003.

An ordinance authorizing Ruby D doing business as Lemon Hill Food and Drink to construct, own and maintain an open-air sidewalk cafe at 747 North 25th Street.

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

Councilwoman Bass.

Aye.

Councilwoman Blackwell.

Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee. 3/14/13 - STATED - 2ND READING

Aye.

Councilman Henon.

Aye.

Councilman Johnson.

Aye.

Councilman Jones.

Aye.

Councilman Kenney.

Aye.

Councilman O'Brien.

Aye.

Councilman O'Neill.

Aye.

Councilman Oh.

Aye.

Councilwoman Quinones-Sanchez.

Aye.

Councilwoman Reynolds Brown. 3/14/13 - STATED - 2ND READING

Aye.

Councilman Squilla.

Aye.

Councilwoman Tasco.

Aye.

Council President Clarke.

Aye. The ayes are 17; the nays are zero. A majority of all members present having voted in the affirmative, the bill passes. Mr. Decker, please read the title of 130017.

An ordinance establishing a parking regulation on Sartain Street, east side, Shunk Street to Porter Street.

This bill having been read on two separate days, the question is shall the bill pass finally. 3/14/13 - STATED - 2ND READING Mr. Decker, please call the roll.

Councilwoman Bass.

Aye.

Councilwoman Blackwell.

Aye.

Councilman Goode.

Aye.

Councilman Green.

Aye.

Councilman Greenlee.

Aye.

Councilman Henon.

Aye.

Councilman Johnson.

Aye.

Councilman Jones.

Aye.

Councilman Kenney. 3/14/13 - STATED - 2ND READING

Aye.

Councilman O'Brien.

Aye.

Councilman O'Neill.

Aye.

Councilman Oh.

Aye.

Councilwoman Quinones-Sanchez.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Squilla.

Aye.

Councilwoman Tasco.

Aye.

Council President Clarke.

Aye. 3/14/13 - STATED - 2ND READING The ayes are 17; the nays are zero. A majority of all members present having voted in the affirmative, the bill passes. Mr. Decker, 130018.

An ordinance establishing a parking regulation on Fitzwater Street, south side, Juniper Street to Broad Street.

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

Councilwoman Bass.