civus
Minutes

Stated Meeting, December 16, 2010

Philadelphia City CouncilDec 16, 2010

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Council President Verna

Excuse me, sir. Your time is really up. Would you please conclude. MR. McCLURE: Again, we respectfully ask that this bill be held today.

Council President Verna

Thank you. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. On November 2nd, over 190,000 voters confirmed Council's power to set a local minimum wage and benefits standard. On November 4th, I introduced Bill No. 100756 to expand the impact of that standard. The simple logic behind this bill is that we provide economic development subsidies to developers, not only to create construction jobs but for permanent job creation. Construction jobs pay the prevailing wage, so the permanent jobs should have a minimum wage standard as well. Why are we guaranteeing prevailing wages for construction workers and not set a wage standard for service and hospitality and other workers? If developers want to benefit from City financial aid, then they can't be allowed to pay poverty wages or to use that City financial aid to benefit any other company that pays poverty wages. In a city with a 25 percent poverty rate, a person who works 40 hours a week for 52 weeks a year should make a liveable wage if the job was created with public subsidy. This standard is actually based on the local and state Job Creation Tax Credit laws. I didn't create this standard. It's actually a standard created by Job Creation Tax Credit laws. Of course, there's also a small business exemption, and companies can request a waiver, if necessary. But if you don't benefit from City financial aid, guess what? It doesn't apply to you. This bill would now require the developer and the tenant to pay the local standard for only five years. That's reasonable, and, of course, they can apply for a waiver if they can prove that they need one. Unfortunately, some believe that they should be able to get rich from taxpayer money and still lease to poverty-wage employers. This section of The Philadelphia Code is titled "The 21st Century Minimum Wage and Benefits Standard" because we are not in the 1700's, 1800's or 1900's when there were slaves, indentured servants or sharecroppers and when women and people of color had no rights. Why should there be prevailing wages for some workers and no wage standards for service and hospitality workers, who are mostly women, people of color and Philadelphia residents? A landmark new study by the Center for American Progress analyzed nearly 20 years of data on this issue, and the study is found on your desk. The study reveals that cities around this country have successfully incorporated living wage standards into economic development projects without harming job growth and business growth. So let's say a Merry Christmas to those workers and a happier New Year by expanding better wages and benefits. Thank you.

Council President Verna

Thank you. (Applause.)

Council President Verna

Thank you, sir. Our next witness?

Chief Clerk

Lisa Baron.

Council President Verna

Why don't you call the next witness so they could be standing.

Chief Clerk

David Cellini.

Council President Verna

Good morning.

Ms. Baron

Good morning, Madam President and Councilmembers. My name is Lisa Baron and I am a proud 22-year resident of the Shawmont Valley located in beautiful Upper Roxborough historic district. I am here today to ask for all of your support of my Councilman, Curtis Jones, and Bill No. 100546, which Councilman Jones introduced and is currently on the list of bills for final passage. By introducing this bill, Councilman Jones took extraordinary action to protect his constituents in the 21st Ward, who are already overburdened with runoff problems during flood conditions, and also to protect the fragile natural habitat supported by the Green Tree Run, which was one of the last fresh water first-order streams in the City of Philadelphia. Several weeks ago, my neighbor, David, and I dropped off a detailed packet to all of your offices requesting support of this bill. Some of you kindly accepted our invitation and came out to visit the site, and we thank you for that. We hope that by looking through the materials dropped to you, you will note that each and every civic organization in the 21st Ward support Bill No. 100546, along with many fine and respected environmental groups, including the Natural Lands Trust, the Audubon Society, the Roxborough Conservancy and the Roxborough Green Space Project. Bill No. 100546 will help to preserve the beauty of the Green Tree Run, the Shawmont Valley and the 21st Ward as a whole so that hopefully our children and our grandchildren will continue to enjoy this treasure for years to come. On behalf of my community, I thank Councilman Jones for his leadership, and I ask again for all of your support of Bill No. 100546. Thank you.

Council President Verna

Thank you. Thank you very much. Are you Mr. Cellini?

Council President Verna

Okay. You're next.

Mr. Cellini

My name is Dave Cellini. I live at 20 Shawmont Avenue. I've lived there for 25 years. And as a community representative and President of Residents of Shawmont Valley Association, I ask your support for Bill No. 100546 introduced by Councilman Curtis Jones, which will help protect this community from storm water damages. As we have seen countless times before, additional development in this steeply sloped area has led to unnecessary property damage to taxpayers. Over the last several years, my neighbors have sustained over $250,000 in property damage. This is unacceptable. This bill will help alleviate flooding. Adjoining civics, including Roxborough Civic, Roxborough Green Space, Neighborhood Preservation Alliance, Dearnley Park Civic, including 21st Ward, which is the umbrella group for Roxborough, have all applauded Councilman Jones' environmental stewardship by introducing Bill No. 100546. It's also important to note that under current zoning reform commission guidelines, which recommend against steep slope and stream-side development, this bill complements those recommendations. Thank you very much, and I appreciate your vote in this direction.

Council President Verna

Thank you, sir. Thank you. Our next witness?

Chief Clerk

Melvin T. Sharpe, Esquire, commenting on Bill No. 100121.

Council President Verna

Is Mr. Sharpe here?

Mr. Sharpe

I am, and thank you, Madam President. My name is Melvin T. Sharpe, Jr. I'm an attorney in Philadelphia and I'm also a resident of the 5th Councilmanic District, Councilman Clarke's district, and thank you. Today I'm here to speak on Bill 001, I think it's, 51 or 21.

Council President Verna

21.

Mr. Sharpe

Yes. That bill relates to the special election in regards to the political activities of officers and City employees. This issue has been an issue that has affected a lot of people in my community over the years. I also have some clients that are City employees and need to be very clear in regards to the scope and the breadth of that law. I'm not very clear from just reading it on face what activities those are, and I think they need to be very clearly specified so that there are no conflicts going forward and people understand, because we need to have clarity in the political arena, and transparency. I also have recently been at the School District of Philadelphia, and I think before the year is out, it's important that the Committee on Education should look at what is happening at the School District of Philadelphia. Of course, we are under the state's school takeover, and that has been going on for nine years now. I think it's important that Council show some leadership and look at what's happening at our schools and hold public hearings on the issues that are happening at the Philadelphia School District since we're nine years into that administration and seeming indefinitely to be going forward without --

Council President Verna

Excuse me, sir.

Mr. Sharpe

-- control over that issue.

Council President Verna

Excuse me, sir.

Council President Verna

What you are speaking on is certainly not germane to what is on our Calendar for today. So would you please -- your remarks should actually -

Mr. Sharpe

Yes, President. I did speak initially on a certain part, and I was using the rest of the time that I had to speak otherwise.

Council President Verna

No. No, sir. We're only going to allow you to speak on whatever is on the Calendar for today.

Mr. Sharpe

Yes. I spoke initially on the political activities and that issue.

Council President Verna

Okay. Then you're finished?

Mr. Sharpe

Yes, I am finished. Thank you very much.

Council President Verna

You're welcome, sir.

Mr. Sharpe

Have a good day.

Council President Verna

Is there anyone else here who wishes to provide public comment?

Chief Clerk

Poune Saberi.

Ms. Saberi

Actually, my name is Poune Saberi. I'm a family physician at the University of Pennsylvania. I have lived in Center City Philadelphia and been a taxpayer in Philadelphia for more than ten years. I'm here today to speak in favor of all the resolutions regarding the Marcellus Shale gas drilling's impact on Philadelphia. This September 28th hearing was an excellent beginning. However, it left out a significant discussion on health impact studies. These studies are only just beginning to identify the hazardous effects on human health by natural gas drilling. For example, in a health impact study conducted in a drilling county in Colorado, they found a 40 fold increased risk of cancer when exposed to benzene, formaldehyde, crotonaldehyde and 1,3-butadiene for a mere seven days. Some might say that exposure to these chemicals might not happen, but just last week, the EPA confirmed that shale gas drilling contaminated the drinking water of two families with methane, hexane, benzene and toluene. Note that these are the same cancer-causing chemicals and endocrine disruptors. I find it disturbing that public health findings such as these are not widely known. In Texas, there has been a 25 percent increase in cases of pediatric asthma in regions where children live close to well pads. Also in Colorado, a study found a significant increase in violent crimes in towns close to drilling sites. We must know much more about the impacts of shale gas drilling on human health before we invite these dangers into our own beautiful, life-filled watersheds. DRBC comment period on its premature rules should be at least two years so that it may be informed by science and protect our health. I strongly support the City Council in adopting the proposed recommendations without any delay and urge you, if possible, to take an even stronger stand regarding protecting the Delaware River watershed, because our water, air, climate, fish, wildlife, long-term economic vitality and public health depend on it. I thank this City Council for allowing the residents of their city for a chance to speak, and I commend their wisdom in recognizing this key connection between the environmental impacts of natural gas drilling and public health. You, by doing so, are protecting the vulnerable and allowing the power of science to stand up for all of us. Thank you.

Council President Verna

Thank you very much. Our next witness?

Chief Clerk

Ronald Patterson commenting on Bill No. 100552.

Mr. Patterson

Thank you. I made my comments earlier. Thank you.

Council President Verna

Joe Rapone commenting on Bill No. 100753.

Mr. Rapone

Hello, everyone. Great to be here. It's really a new experience for me. My name is Joe Rapone. I live at 10 East Moreland Street in Philadelphia. I am here to comment on Bill No. 100753. I'm here on behalf of 72 near neighbors of the area where the developer wants to build their project, and we're here to request that you reject accepting Bill 100753 for spot zoning at 10 East Moreland Avenue in Philadelphia. The bill was introduced here to you in order to eliminate the need for the developer to not have to get a variance on hours of operation. There was a dispute about hours of operation and there was a hearing at the ZBA. The neighbors were -- did okay with that. They got what they wanted in terms of hours of operation. It was agreed upon by ZBA. After that, in a closed-door session, the ZBA reversed their decision and granted a variance on unlimited hours of operation to the developer. We appealed that, and we now have the case that's pending, and we would appreciate it if City Council could at least table or reject this bill until after the neighbors and the developer have had the opportunity to present our case in court. If you approve this bill, it more or less shuts us out. We don't really have a case anymore, because since the zoning has been changed, there's no need for the variance. So we're looking at this bill as a tactic to circumvent the legal system in Philadelphia. We have a problem with that. We think there should be transparency. We know that the Mayor is telling us that we should be more transparent, and closed-door reversals of zoning decisions we believe are not transparent. So, again, I'm here today to request that you reject this, even though the Rules Committee approved it. We want you to take a stand and reject it. You will get a chance to hear it later. We will abide by whatever the court decision is when we have our trial. If they win the case, we will respect that, but we would expect it to be heard in a court of law very transparently, not behind closed doors. We reject the idea of the Zoning Board reversing a decision without any hearing. Why do we have the Zoning Board if they can change a ruling with no one there? Why should I go and testify, win a case and then find a week later that in closed doors that decision has been reversed? There's something very suspicious here. Perfect.

Council President Verna

Thank you, sir. Our next witness?

Chief Clerk

Ron Recko commenting on Bill No. 100753.

Mr. Recko

My name is Ron Recko. I am one of the founders of the Chestnut Hill Residents Association, past President of the Chestnut Hill Community Association. I'd like to address Council here respectfully wondering why a bill is being introduced to circumvent the judicial process. There seems to be a rush to judgment here. When the Zoning Board voted four to zero unanimously to put a proviso in restricting the hours for Fresenius and everybody was happy with that, except Fresenius, Fresenius had the burden of proof to appeal this decision, but, no, they got a hotshot lawyer to come in and get the Zoning Board to reconsider the decision, and by a vote of three to one, it was reconsidered. I talked to a judge in Common Pleas Court and said just because the Zoning Board reconsidered this and they've done this on several occasions doesn't make it right. I'm asking City Council here to make it right. There's no rush on this project. If you look at it, why are we circumventing this process? I was told that it's easy to circumvent the judicial process, just make a new law, make a new bill, introduce it, councilmanic privilege will prevail. And I'm respectfully asking Donna Reed Miller to not rely on councilmanic privilege, but do the right thing. Do the right thing for 72 people whose lives are going to be impacted by the hours that Fresenius wants to operate. So, once again, thank you for the opportunity to speak to you. Councilwoman Miller, please have your day in court after we have our day in court. Thank you.

Council President Verna

Thank you very much. Our next witness?

Chief Clerk

Jim Foster commenting on Bill No. 100753.

Council President Verna

Good afternoon, sir. Please identify yourself.

Mr. Foster

My name is Jim Foster. I'm a lifetime resident of East Mount Airy and the publisher of Mount Airy Independent and Germantown Chronicle newspapers that circulate 46,000 editions to all of the Germantown, Mount Airy and Chestnut Hill community. Our newspaper focuses on northwest civic and government issues, zoning and development, and quality of life issues primarily. We have been following this issue since its outset when the particular property was posted for a ZBA hearing. I'm here to comment on the process, not necessarily the details. I think that it's already been stated that the process has gone seriously awry. I would like to read the Council a sentence from the opening remarks of Chief Integrity Officer Marcum. "Good ethics is good business. People want to live, work and do business with a city that provides services and business opportunities in a way that is not compromised by financial conflicts of interest, favoritism or political considerations," end quote. I think it's fair to say that this city presently has its hands full of challenges on how governance and power politics is played. New issues make the front pages of the Inquirer weekly. I am suggesting to the City Council that they do not hear any further testimony on this particular issue and table it. It is absolutely correct that this was posted. It was posted in the correct manner. The applicant had a qualified zoning attorney representing them in Ralph Pinkus. So qualified that he actually is rewriting the Zoning Code. So they certainly were adequately represented. The community, without representation, made their own analysis of the situation. The near neighbors signed a significant petition and attended the hearing, and unanimously the Zoning Board of Adjustment granted the proviso on the hours. Bear in mind, members, the community did not object to the variance. They only wanted participation in the hours, and the unanimous granting of it was clear. It is disconcerting to those of us who follow City government how the ZBA reverses itself in the dark and then puts the burden and expense on the community to appeal. That appeal should have been filed by the applicant and they should have borne the responsibility for the appeal. But the community bit their lip, filed the appeal. There's a hearing scheduled for March. So what happens is, a politically energized end run around integrity and good government takes place with a zoning change, a spot zoning change. I think, folks, we've been here before. These kinds of policies and practices are what puts the Philadelphia government on the front pages regularly. I urge you to table this. Let the March hearing take place, let due process and good government triumph here. Thank you.

Council President Verna

Thank you, Mr. Foster. Our next witness?

Chief Clerk

Ann Ward Spaeth commenting on Bill No. 100753.

Ms. Spaeth

Thank you. My name is Ann Ward Spaeth. I live at 15 Laughlin Lane, Philadelphia 19118 and been a resident there since 1960. I am a member of the Chestnut Hill Residents Association. I've been a member of the Chestnut Hill Community Association since '67. I am on its Board at the current -- right now. I feel they did not give adequate consideration to the near neighbors of this property. And, further, though the Zoning Board supported the neighbors and gave a very fair decision which met the needs of all, the reversal of that decision and the introduction of this bill is contrary to due process and to that due process which is owed to every citizen of the City. It impacts -- this type of procedure -- Mr. Primavera, the counsel person for the developer at the Rules Committee, was asked how often he asks the Zoning Board to reverse their decisions in such a manner. He said approximately 20 percent of the time. This means that every time these rules are violated, the rights of citizens in this city are violated. And I urge this City Council to reject this bill at this time. Thank you very much.

Council President Verna

Thank you. Our next witness?

Chief Clerk

Joseph Parante commenting on Bill No. 100536.

Mr. Parante

Good morning.

Council President Verna

Good afternoon. Please identify yourself for the record.

Mr. Parante

My name is Joseph Parante. I am a taxpayer. Good morning, Councilmembers.

Council President Verna

Good morning. It's afternoon.

Mr. Parante

My name is Joe Parante. I am a taxpayer and owner of Morton Towing and Recovery, a Philadelphia-based towing company. I would first like to thank Councilmembers and the City Administration for their understanding and concern in the towing of accident vehicles. I am also a City salver who tows abandoned and stolen rotational vehicles for the City of Philadelphia. I have been in the towing industry for over 25 years. I am proud of the work that my company does for the City. Most importantly, I am the founder of the Philadelphia Independent Towers and Salvers Association. This association has members of good, honest, hard-working tow companies, body shops and salvers whose business meet a criteria of excellence. In 2003, Councilman Rizzo started working on a bill created to ensure the proper removal of automobiles from accident scenes. I became involved, working along with his office, contacting the insurance industry and bringing them on board with the City. I have sat in numerous caucus meetings with the auto industry, wreck chasers, Councilmembers and some of the Philadelphia Towers and Salvers Association members. I have met with the Managing Director's Office to discuss the needs to make a safer and more efficient rotational program. I have worked along with Councilman Kenney's office to try to create a fair, reliable program that will serve the best interests of the public, the City and the towing industry. Unfortunately, the amendments to Bill 100536-01 was only supposed to pertain to rotational towing. It clearly shows that the Parking Authority, the towing industry's competitor, will become an agency to govern all aspects of Bill 9-605. This bill is not in the best interest nor in the best interest of the towing industry. I look around me at all of the towing companies here today. These towing companies are hard workers and they have families and they have to make a living. I ask that the City of Philadelphia -- independent towers and salvers ask that the City sit down with our Advisory Board and meet with Council, L&I, the police, Deputy Mayor Gillison to make Councilman Rizzo's original bill stand. Remember, Council, you voted on 9-605 in May 5th, 2005, 16 to one in favor of his bill.

Council President Verna

Mr. Parante, your time is up, so please conclude.

Mr. Parante

Council, we can do this. We can do this right. Thank you very much.

Council President Verna

Thank you. Our next witness? (Applause.)

Chief Clerk

Michael Henry commenting on Bill No. 100536.

Mr. Henry

Good morning, Madam President.

Council President Verna

Good morning.

Mr. Henry

My name is Michael Henry. I'm an attorney and I represent the Philadelphia Independent Towing and Salvers Association. I have an office at 2336 South Broad Street. I own that building, and I'm a Philadelphia taxpayer. I'm here to express opposition to Bill 100536, which transfers certain authorities to the Parking Authority. We have legal reasons, economic reasons and public policy reasons for opposing the bill. From a legal standpoint, the Parking Authority law authorizes City Council to delegate municipal functions to the Parking Authority that are specifically enumerated in the Parking Authority's law. This bill proposes to delegate the municipal functions that are beyond the Parking Authority's law. The Parking Authority's law does not authorize the Parking Authority to act as a regulatory agency for the purpose of regulating the private towing industry in Philadelphia. From an economic standpoint, this bill creates a whole new system of rules and regulations which will significantly increase the cost of doing business through new fees, fines, assessments and other charges, which will be imposed and collected by the Parking Authority. In addition, the bill sets up the Parking Authority as both the regulator and the competitor of the towing industry and gives an unfair advantage to the Parking Authority with regard to the towing aspect of their functions. From a public policy standpoint, we oppose the bill because the bill authorizes the Parking Authority to promulgate regulations in addition to those that are contained in the bill. This gives enormous power to the Parking Authority over the private towing industry in Philadelphia. City Council should carefully consider whether it should expand the powers of the Parking Authority to include this function, especially in light of its history in regulating taxicabs and limousines in Philadelphia. Over the last five years, the Parking Authority has resisted efforts to comply with statutory rule-making procedures and rules that were enacted by the Legislature as a check and a balance over the power of regulatory agencies. By ignoring these rules, the Parking Authority violated the law when it enacted its regulations that govern taxicabs. In April of this year, the Commonwealth Court issued a decision invalidating the entire body of regulations governing taxicabs and limousines. It's not wise to give expanded powers to an agency that resists any efforts for accountability that are enacted by the Legislature and by City Council. So I think that for the legal and economic and public policy reasons that I've just expressed, we believe that the aspects of the bill that transfers this authority to the Parking Authority should be defeated. Thank you.

Council President Verna

Thank you very much. Our next witness? (Applause.)

Chief Clerk

Alfonso Lee commenting on Bill No. 100536.

Council President Verna

Is Mr. Lee here? (No response.)

Council President Verna

We don't see him. Anyone else on the list?

Chief Clerk

There's no one else on the list to testify, Madam President.

Council President Verna

Thank you. Is there anyone else here who wishes to provide public comment on today's agenda? Please approach. Thank you.

Mr. Beauvais

Good morning, members of Council. My name is Darwin Beauvais. I'm at 1835 Market Street, and I'm a taxpayer. I wanted to comment on Bill No. 753. I notice there is opposition here, and, in essence, I have three points. One, they raised the issue that it's spot zoning. It's the furthest thing from spot zoning. If you look at the bill, the bill is remapping of a small portion of industrial property that's surrounded by commercial and is actually converting it to commercial. So that should be dismissed. Two, the bill was vetted by the Law Department, our Planning Commission and the Commerce Department. So I think we can rest assure that it's been looked at. Three, the bill has been supported by the Chestnut Hill Residents Association as well as the Business Association. (Audience members yelling, "That's not true.")

Council President Verna

I'm sorry. Please.

Mr. Beauvais

It has been -it has received support from the Residents Association and the Business Association, as well as having support from the building trades. All in all, what this bill is doing is supporting a business to expand in this city, which I think is admirable. Thank you.

Council President Verna

Thank you. Our next witness? No, sir. No, sir.

Mr. Recko

You can't expect someone to come here and make mistruths and lie and just let it go for the record. The Chestnut Hill Residents Association does not support this bill.

Council President Verna

I'm sorry, sir. We had a public hearing on this and you said the same thing. We are not going to debate this.

Council President Verna

We are not going to debate it. Our next witness?

Mr. Lee

Good morning, City Council. My name is Alfonso Lee. I'm a resident of the City of Philadelphia. I own a tow company that's based in Bensalem, Pennsylvania. We do business in Philadelphia. I'm here to oppose the bill for towing in the City of Philadelphia. I'd like City Council to think of the impact that this bill will have on all the towers and other businesses of Philadelphia. If you look at the trickle-down effect, you know, this is hurting the auto industry, the auto parts industry, auto mechanics and everybody else. Right now I'm pretty sure City Council wants to do everything that's in the best interest of the people of Philadelphia. At present, you have companies who refuse to do business in Philadelphia, and subsequently a lot of our work is going outside of the City of Philadelphia. These companies that want to do business in Philadelphia are looking at this case here right now. They're seeing how the towers are being treated and debating whether they want to have their business put inside Philadelphia. Currently, you have people who now go to Cheltenham and to the counties to do their shopping and everything else. Well, if you have people that turn around and go to the counties to do one thing and then they start looking at the two percent sales tax additional that they have to pay in Philadelphia, then all of the sudden it gets worthwhile to do everything outside of Philadelphia. Once they start shopping outside of Philadelphia, then the businesses of Philadelphia starts to suffer. Once they start taking their cars for repairs, what are you going to do with the mechanics? What are you going to do with all the other businesses that fail because people are now going outside of Philadelphia? I urge City Council to think about all the job losses that's going to happen. And if Parking Authority takes over the towing, it's not going to be creating any jobs. It's just job reallocation. You put somebody out of work to turn around and put somebody in work. I urge City Council to actually take a close look at this bill, even if it requires the towers themselves to get together to put a proposal together and to bring about changes. Granted, you have some people in the tow industry that's not as good as others, and those few people make it bad for the whole tow industry. Don't punish the whole tow industry for a few people that have hidden agendas of their own. I'm pretty sure City Council will take under advisement of what I've said and should make the right decision, because if you look at it, a lot of people right now are looking at Philadelphia to see exactly how the small businesses are being treated. To give you an example, I have a personal family member who started out as a small business here in Philadelphia, and she left. Today, she operates a business out of the county, has over 600 employees.

Council President Verna

Excuse me, sir. Your time is up. Please conclude your comments.

Mr. Lee

I'd just like City Council to reconsider this bill and make the right decision.

Council President Verna

Thank you, sir. We appreciate your coming in. Do we have anyone else to testify? Please approach the microphone, identify yourself.

Mr. Klotz

Good afternoon, Madam President, members of City Council. My name is Tom Klotz. I reside at 421 Porter Street in Philadelphia. I am here today before you today to ask all City Council members who are in support of the bill before City Council allowing PPA to regulate and control all private towing within the City limits, I ask that you consider saving the livelihoods of thousands of Philadelphia residents, along with tens of thousands of their family members who will be affected by the passing of this bill. These citizens will be left no choice but to seek unemployment and/or public welfares and alternative income, further straining the City's economy. You as Councilmembers have the power to stop this bill by -- bill from removing consideration of the Council. I would like the Council to consider the amount of people involved in the illegal behavior or misconduct within the industry. It is so minute that it is outrageous to label the entire industry as chaotic. This is an industry full of hard-working citizens that cannot, nor will not, defend or protect those few childish and misguided people within their ranks. To ensure this, the people in this industry have taken steps to form a trade association and unionize to regulate their own industry in order to better serve the public and to protect the owners and workers from a City agency that already dominates the streets of Philadelphia. The private towers live on the streets of Philadelphia. They spend their time, their money in the stores, they pay their taxes and their bills, all within the City limits. Their contribution is a vital part of the regrowth of our city's economy. PPA and City Council has already, in a previous bill passed, set unreasonable restrictions and regulations on them. PPA receives enough of the public's money already, and City Council has no right to infringe on the rights of the City's respected and hard-working owners and operators in the private towing industry using the inexcusable actions of a few barbaric as an excuse to open the door even wider to a bill that doesn't even address the actual core issues. By coming together in an association, the private towers are addressing themselves, and allow them to be an important part of the City's economy, as they should be. Thank you.

Council President Verna

Thank you. Our next witness? Do we have anyone else to testify? (No response.)

Council President Verna

Seeing no one, the Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I too want to just add a few comments to 753, and I guess this is the right way to do it. This whole business of public comment is new to us.

Council President Verna

Yes. Please do.

Councilwoman Miller

All right. Thank you. The issue of spot zoning continues to come up. This is not spot zoning. Everything in and around this particular parcel of land that we're remapping is commercial. The parcel is currently zoned as G-2 and it's the most egregious zoning that we could have. I have other G-2 parcels in my district and one is a slaughterhouse that we could do nothing to stop it because of how it was zoned, and I just want to make that clear for the record. And when these folks get up, yes, the Chestnut Hill Residents Association is not in support of this, but the Chestnut Hill Community Association, City Planning, PIDC, the Chestnut Hill Historical Association, Commerce are all in support. This is a good project. We have nothing to do with their day in court. That's totally separate. And when they talk about or make hints at inappropriate behavior, it's offensive and defamatory. So I just want to make those comments just to set the record straight on some of this. So this is a good project. Thank you.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, I was out of the room at the time of the introduction of bills, so at this time, I would like to introduce one bill. Real briefly, I would like to say it has somewhat of a hybrid sponsorship in that portions of the bill reflect, I guess you could say, the Administration's version of the bill, but with subsequent conversations with all of the pertinent parties, there have been some additions to the bill that I think will make it a much more acceptable bill to all of the parties, with the clear understanding that there is no final consensus on the bill as it relates to this somewhat controversial issue, but I think that this introduction will facilitate discussion and where hopefully we will get a consensus and move this issue that, I would like to introduce the one ordinance.

Council President Verna

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

Chief Clerk

An ordinance authorizing the City Solicitor, on behalf of the City of Philadelphia, to include certain provisions, including the transfer of real estate, in a settlement agreement with the Cradle of Liberty Council, Boy Scouts of America to resolve litigation relating to 231 through 251 North 22nd Street, all under certain terms and conditions.

Council President Verna

Thank you. The bill will be referred to the appropriate committee. We will now consider today's Consent Agenda. After each title is read, any member may object to the inclusion of the bill on the Consent an objection and without debate, the bill will be immediately removed from the Consent Agenda and placed on our regular Final Passage Calendar. The Clerk will now please read the title of the bills on the Consent Agenda.

Chief Clerk

Bill No. 100777, entitled "An ordinance authorizing the Commissioner of Public Property to accept from CSX Transportation, Inc. an easement for an at-grade crossing on Race Street between 23rd Street and the Schuylkill River"; and Bill No. 100778, entitled "An ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 741 South Chadwick Street, 745 South Chadwick Street, 1129 South Sydenham Street, 1314 South Bancroft Street, 1315 South Colorado Street, 1321 South Bancroft Street, 1411 South Colorado Street, 1429 South Bouvier Street, 1502 Ellsworth Street, 1534 South Opal Street, 1620 Reed Street, 1624 Fitzwater Street, 1626 Fitzwater Street, 1712 Dickinson Street, 2013 Kimball Street, 2102 Carpenter Street, 2106 Carpenter Street, 2116 Carpenter Street, 2138 Carpenter Street, and 2236 Kimball Street for fair market value"; and Bill No. 100779, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to accept from the Children's Hospital of Philadelphia or its successors or assigns, fee simple title or a lessor property interest in any portion of the real estate owned by CHOP and located south of the South Street Bridge, east of the Schuylkill River"; and Bill No. 100785, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to accept from Scattergood Foundation easements in portions of land owned by Scattergood Foundation and upon which located"; and Bill No. 100786, entitled "An ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 100 North 55th Street, 104 North 58th Street, 253 North 60th Street, 301 North 60th Street, 339 North 62nd Street, 355 North 62nd Street, 414 North 61st Street, 417 North 62nd Street, 545 North 63rd Street, and 5500 Lansdowne Avenue, for fair market value"; and Bill No. 100788, entitled "An ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 413 Mercy Street, 432 Sigel Street, 518 Pierce Street, 538 Dudley Street, 2038 East Susquehanna Avenue, 2045 East Fletcher Street, 2074 East York Street, 2129 East Susquehanna Avenue, 2317 Coral Street, 2327 South Franklin Street, 2427 Frankford Avenue, 2431 Coral Street, 2548 Coral Street, and 2624 Collins Street, for fair market value"; and 100789, entitled "An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to convey to the Philadelphia Authority for Industrial Development, all or part of a parcel of land and any improvements located on the southwest corner of North Christopher Columbus Boulevard and Race Street"; and Bill No. 100790, entitled "An ordinance amending Section 2 of an ordinance (Bill No. 080760) approved December 22nd, 2008, entitled 'An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307 by relocating the westerly curb line and house line of Fifteenth Street between Arch Street and Cherry Street'"; and Bill No. 100791, entitled "An ordinance authorizing the Commissioner of Public Property on behalf of the City to convey 816 North 16th Street, 826 North 12th Street, 918 North 19th Street, 1015 Street, and 1116 North 4th Street for fair market value"; and Bill No. 100792, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into lease and sublease agreements with the Philadelphia Municipal Authority for certain land and improvements located on the northwest corner of North 15th Street and Arch Street"; and Bill No.

Chief Clerk

100793, entitled "An ordinance authorizing the Department of Public Property to enter into an easement agreement with the Pennsylvania Department of General Services allowing the Department of General Services to use portions of 1515 Arch Street"; and Bill No. 100753, 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 East Moreland Avenue, Winston Street, East Germantown Avenue"; and Bill No. 100784, 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 Eighth Street, Somerset Street, Seventh Street, and Lehigh Avenue"; and Bill No. 100557, entitled "An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled 'City Funds Deposits, Investments, Disbursements,' by amending Section 19-203, entitled 'Payroll Deductions,' to add the Philadelphia Police and Fire Pipes and Drums to the list of entities for which payroll deductions may be authorized by City employees"; and Bill No. 100751, entitled "An ordinance authorizing the Director of Finance, on behalf of the City of Philadelphia, to enter into a lease agreement to lease vehicles and equipment from the Philadelphia Municipal Authority"; and Bill No. 100781, entitled "An ordinance authorizing the City to enter into an interagency agreement with the Commonwealth of Pennsylvania for a period of years for the Commonwealth to add City and School District taxes to the Commonwealth's on-line system for the electronic filing and payment of taxes"; and Bill No. 100794, entitled "An ordinance amending Chapter 19-200 of The Philadelphia Code, entitled 'City Funds Deposits, Investments, Disbursements,' by amending Section 19-203, entitled 'Payroll Deductions,' to add the Police and Firemen's Insurance Association to the list of entities for which payroll deductions may be authorized by City employees"; and Bill No. 100842, entitled "An ordinance authorizing the Commissioner of Public Property to enter into a license or long term lease agreement and other the City of Philadelphia as licensor or landlord, and the Center City District as licensee or tenant, for a certain parcel of land bounded approximately by John F. Kennedy Boulevard, 15th Street, South Penn Square and the west side of City Hall, commonly referred to as Dilworth Plaza"; and Bill No. 100550, entitled "An ordinance amending Section 9-410 of The Philadelphia Code, entitled 'Pedicabs,' by broadening the definition of 'Pedicab,' and by making certain changes in the requirements for licensing and operation of Pedicabs"; and Bill No. 100749, entitled "An ordinance amending Title 4 of The Philadelphia Code, amending Subcode 'A' (The Philadelphia Administrative Code) and Subcode 'PM' (The Philadelphia Property Maintenance Code), to require that the owners of residential properties that are vacant following foreclosure register, inspect and maintain such properties"; and Bill No. 100724, entitled "An ordinance renaming and designating Franklintown Park located between North 18th Street and North 19th Street and between Hamilton Street and Shamokin Street as 'Matthias Baldwin Park'"; and Bill No. 100776, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to execute and record a Declaration of Covenants, Conditions, and Restrictions against a portion of Pennypack Park on the Delaware, in favor of the United States, to protect bald eagles and other rare, endangered, or threatened birds"; and Bill No.

Chief Clerk

100756, entitled "An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled 'Philadelphia 21st Century Minimum Wage and Benefits Standard,' by broadening the definition of the 'City financial aid recipients' who are subject to that Chapter to or entities who lease property or equipment from persons or entities who receive City assistance"; and Bill No. 100787, entitled "An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled 'Business Privilege Taxes,' by extending the 'Special Tax Credit Opportunity for Job Creation'"; and Bill No. "

Council President Verna

Thank you. These bills having been read on two different days, the question for each shall the bill pass finally. The Clerk shall call the roll, and upon being called, each Councilmember shall vote aye on each of the bills, nay on each of the bills or indicate those bills for which the member is voting aye and those voting nay. At this time, I would ask the Chief Clerk to please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye on all bills.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye on all bills.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye on all bills.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye on all bills.

Chief Clerk

Councilman Green.

Councilman Green

Aye on all bills.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye on all bills.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye on all bills.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye on all bills.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye on all bills.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye on all bills.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye on all

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye on all bills.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye on all bills.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye on all bills.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye on all bills.

Chief Clerk

Council President Verna.

Council President Verna

Aye on all bills. A majority of all members having voted in the affirmative, the bills on the Consent Agenda are passed. We will now consider the bills 12/16/10 - STATED - 2ND READING and resolutions on the regular Second Reading and Final Passage Calendar. The Clerk will please read the title of the first bill.

Chief Clerk

Resolution No. 100861, entitled "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 Twenty-Fourth and Fifty-First Wards of the City of Philadelphia."

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.) 12/16/10 - STATED - 2ND READING

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution has been passed. We will now consider Resolution No. 100862.

Chief Clerk

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 Mantua Urban Renewal Area, designated as Parcel No. 276 and also sometimes identified by house number and street address for Parcel No. 276 as 504 through 506 North 12/16/10 - STATED - 2ND READING Thirty-Ninth Street.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution No. 100863.

Chief Clerk

A resolution honoring The Reinvestment Fund on its 12/16/10 - STATED - 2ND READING 25th Anniversary.

Council President Verna

Thank you. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution No. 100865.

Chief Clerk

A resolution 12/16/10 - STATED - 2ND READING authorizing the Council of the City of Philadelphia to issue a request for ideas and proposals on how the City can best employ its available natural resources as sources of alternative energy for the benefit of the City's infrastructure.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

I move for the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is 12/16/10 - STATED - 2ND READING adopted. The Chief Clerk will please read Resolution No. 100866.

Chief Clerk

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 Twenty-Ninth Ward of the City of Philadelphia.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. 12/16/10 - STATED - 2ND READING All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion passes. We will now consider Resolution No. 100867.

Chief Clerk

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 Sixteenth and Forty-Seventh Wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

I move for the adoption. 12/16/10 - STATED - 2ND READING (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 100799.

Chief Clerk

Resolution No. 100799 -

Council President Verna

I'm sorry. I missed one, 100868.

Chief Clerk

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 12/16/10 - STATED - 2ND READING title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Twentieth and Thirty-Second Wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

I move for the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Chief Clerk

Resolution No. 12/16/10 - STATED - 2ND READING 100799, entitled "A resolution confirming the appointment of William H. Brown III as a member of the Board of Ethics, to serve in the term ending November 16, 2014."

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

Resolution No. 100800, entitled "A resolution confirming the appointment of Sanjuanita Gonzalez as 12/16/10 - STATED - 2ND READING a member of the Board of Ethics, to serve in the term ending November 16, 2013."

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

Resolution No. 100801, entitled "A resolution confirming the appointment of Sister Mary Scullion as a member of the Board of Ethics, to serve in the term ending November 16, 2015." 12/16/10 - STATED - 2ND READING

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. I believe the next bill -

Chief Clerk

Bill No. 090588-A, entitled "An ordinance amending Chapter 14-1800 of The Philadelphia Code, entitled 'Zoning Board of Adjustment,' by amending Section 14-1805, entitled 'Hearings,' by revising the number of 12/16/10 - STATED - 2ND READING members of the Zoning Board of Adjustment that shall constitute a quorum."

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Council President Verna

We're voting on Bill 588-A, top of . COUNCILMAN DiCICCO: The amendment?

Council President Verna

No. We're asking for your vote. Just say aye. 12/16/10 - STATED - 2ND READING COUNCILMAN DiCICCO: I did. I said aye.

Council President Verna

No one heard you. Okay. Let's continue.