Thank you. It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading of this day of Bills No. 160867, 160973, 161005 and 161006. All those in favor say aye. (Ayes.)
Ayes have it. And these bills will be placed on Reading Calendar today. Chair recognizes Councilman Squilla for a report from the Committee on Streets and Services.
Thank you, Mr. President. The Committee on Streets and Services reports 14 bills with a favorable recommendation.
The Committee on Streets and Services, to which is referred Bill No. Stated Meeting December 1, 2016 160614, entitled "An ordinance establishing a no truck parking regulation on both sides of Edmond Street from Bleigh Avenue to Cottman Avenue"; and Bill No. 160682, entitled "An ordinance amending Section 9-605 of The Philadelphia Code, entitled 'Towing,' by adding a requirement that an illegally parked vehicle be ticketed prior to its towing from a private lot, private property or driveway, except for hospital premises"; and Bill No. 160866, entitled "An ordinance establishing a no truck parking regulation on both sides of Frankford Avenue, from Knorr Street to Tyson Street"; and Bill No. 160896, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 16-S by striking from the City Plan the southeasterly twenty-eight feet wide unopened portion of Grays Ferry Avenue from Carpenter Street to Kimball Street and from Kimball Street to a point approximately one-hundred sixty-eighth feet Stated Meeting December 1, 2016 southwestwardly therefrom"; and Bill No. 160948, entitled "An ordinance amending Section 9-205 of The Philadelphia Code, entitled 'Sidewalk Sales,' by prohibiting vending on both sides of the 200-400 block of West Allegheny Avenue between N. 2nd Street and N. 5th Street"; and Bill No. 160950, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 19-S by striking from the City Plan and vacating Mifflin Street from Swanson Street to Vandalia Street"; and Bill No. 160967, entitled "An ordinance authorizing Hospitality 3, to construct, own and maintain certain encroachments at the northwest corner of Chestnut Street and 33rd Streets"; and Bill No. 160970, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 325 by relocating portions of certain houselines and curblines in the vicinity of the Stated Meeting December 1, 2016 intersection of The Roosevelt Boulevard, Solly Avenue, Holme Avenue and Poquessing Avenue"; and Bill No. 160999, entitled "An ordinance authorizing the Trustees of the University of Pennsylvania to construct, own and maintain a building encroachment at 1 Convention Avenue"; and Bill No. 161000, entitled "An ordinance authorizing the Trustees of the University of Pennsylvania to construct, own and maintain a sign encroachment at 3220-60 South Street"; and Bill No. 161002, entitled "An ordinance amending Chapter 9-600 of the Philadelphia Code, entitled 'Service and Other Businesses,' by amending Section 9-605, entitled 'Towing,' to clarify requirements for application of the rotational tow system; and Bill No. 161008, entitled "An ordinance authorizing the Pennsylvania Horticultural Society to construct, own and maintain pedestrian enhancement encroachments at 122 Stated Meeting December 1, 2016 through 138 Wyoming Avenue"; and Bill No. 161016, entitled "An ordinance legalizing existing building and bay encroachments at 110, 112 and 114 Olive Street"; and Bill No. 161017, entitled "An ordinance authorizing Second and Race Streets to construct, own and maintain various pedestrian enhancement encroachments at 205 Race Street," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. Chair recognizes Councilman Squilla.
Thank you, Mr. President. I move that the Rules of Council be suspended so as to permit the first reading this day of the 14 bills that were just read into the record. (Duly seconded.)
Thank you. It's been moved and properly seconded that the Rules of Council be suspended this day Stated Meeting December 1, 2016 so as to permit first reading this day of the 14 bills that were just read into the record by the Clerk. All those in favor say aye. (Ayes.)
Ayes have it. These bills will be on our First Reading Calendar today. Chair now recognizes Councilwoman Parker for a report from the Committee on Labor and Civil Service.
Thank you, Mr. President. The Committee on Labor and Civil Service reports two bills with a favorable recommendation.
Thank you, Councilwoman. Mr. Decker, please read the report.
The Committee on Labor and Civil Service, to which is referred Bill No. 161007, entitled "An ordinance amending Stated Meeting December 1, 2016 Section 3(b) of an ordinance approved March 1, 1963, as amended, relating to agreements to administer employee retirement benefits for certain quasi-public agencies"; and Bill No. 161013, entitled "An ordinance amending Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' to create a new Plan, entitled 'Plan 16,' for certain employees, to expand the scope of DC Plan,' to cover additional employees to change contribution rates for certain employees, to amend various provisions relating to the Deferred Retirement Option Plan ("DROP") and to make technical amendments, and amending Bill No. 110443, (became law September 15, 2011) to revise certain effective dates relating to the DROP," respectfully report it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Mr. President. I move that the Rules of Council Stated Meeting December 1, 2016 be suspended so as to permit first reading this day of Bill Nos. 161007 and 161013. (Duly seconded.)
Thank you. It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading of this day of Bills No. 161007, 161013. All those in favor say aye. (Ayes.)
Ayes have it. These bills will be placed on our First Reading Calendar at our next session of Council. The next order of business is the consideration of the Calendar. I note that the bills just reported from the Committee with suspension of the rules have been deemed to have had a first reading. These bills will be placed on our Second Reading and Final Passage Calendar at our next Stated Meeting December 1, 2016 session of Council. As there are no additional bills on our First Meeting Calendar, the Chair recognizes Councilman Henon for the purpose of calling up resolutions and bill on the Second Reading and Final Passage Calendar.
Thank you, Mr. President. The following bills and resolutions are being called up for Second Reading and Final Passage Calendars today: Bill Nos. 161022, 161023, 161024, 161026, 161027, 161033, 161034, 161036, 161037, 160512, 160715, 160716, 160776, 160865, 160869, 160917, 160918, 160968, 160609, 160618, 160811. All other resolutions and bills are being held.
Thank you, Councilman. Before considering these bills and resolutions on a Final Passage Calendar, we will have our Public Comment Section. It will goes as follows: If you are interested in testifying, if Stated Meeting December 1, 2016 you have not already done so on the bill or resolution on the Final Passage Calendar today, I would ask you sign up to the table to my left. When your name is called, you will go to the podium. The middle of the Council Chambers, there is a device on that podium. There is a light. When that light turns green, it will be your time to speak. When the light turns yellow, you will have 30 seconds to conclude your remarks. When it turns red, we would ask that you please adhere to the guidelines and conclude your remarks. I want to thank you very much for your cooperation. You will be given three minutes to testify. Mr. Decker, can you call the first name on the list.
Joe Danihel commenting on 161022, 161023, 161024, 161031, 161033, and 161034. (Councilman Henon sits in as Chair.) (Witness approaches podium.)
Can I testify? The President seems to have left the station. Stated Meeting December 1, 2016 Evidently, what I have to say isn't important. He's heard it enough times and not acted upon it before. I have been unable to legally enjoy my legally acquired private property at 1038 West Wyoming since 1993. This government has deprived me of 42 USC 1982 God given property rights. This is not allowed. 42 USC 1983, 1985, 1986; 18 USC 241, 242, 2381. 2384 PA Constitution Article 1, Section 1 through 11 among others unnamed. This government has been decreed multiple times. This government has failed to immediately remedy this situation. Can a fireman refuse to fight a fire? I, as sovereign people, of the United States of America and the Pennsylvania Commonwealth issue yet another official decree to immediately defund and stop using the Philadelphia Redevelopment Authority, Philadelphia District Attorney's Office, City Controller's Office, Sheriff's Department of the City of Philadelphia until three grand juries have been fully Stated Meeting December 1, 2016 investigated, the transfer without payment, i.e., theft of my home at 1038 West Wyoming. Given that this government has failed to act on any official decrees, I, Joseph Danihel as a sovereign people issue a writ of mandamus quo warranto, notified the Commonwealth of Pennsylvania and the Federal Government to shut down all funding to the City of Philadelphia until such time as the City of Philadelphia can prove the City of Philadelphia and any of its agents or agencies have not violated any US or PA constitution guarantees, right, amendments, and/or laws. These violations would clearly violate the City's franchise to operate, i.e., the ability to govern and conduct business of people. Since the Constitution is a supreme law, any actions must be within the constitution of limitations at a public hearing that must be held before January 1, 2017. It takes a lot of cooperation to create and allow monumental corruption.
George Gould commenting on Stated Meeting December 1, 2016 160168 and 160609. (Witness approaches podium.)
Thank you. My name is George Gould. I'm the managing attorney at Community Legal Services here in Philadelphia. And I want to talk about my strong support for two important bills that deal with the prevention of child and lead poisoning. They are 106609, which deals with childcare centers; and 106618, which deals with educational facilities. Let me start with 106618, which was sponsored by Councilwoman Gym and other Councilpeople here. It's a very important bill. What it does, it requires a certification by a licensed inspector from the Health Department or the State Environmental Protection Agency that the water quality and educational facilities meets the -- substantially meets the quality standards of the Philadelphia Health Department. But real importantly, it also requires that the lead content in the water in the Stated Meeting December 1, 2016 schools cannot be higher than 10 parts per billion. And if is, whatever it is found, it has to be shut down within 24 hours. This is a very important bill. The second bill, which is sponsored by Councilwoman Blondell Reynolds deals with childcare facilities. This also is very important. This bill would require and it would amend the existing law that requires, and it was existing law passed by the Councilwoman, that for families under landlords who rent to families under -- who have children under six, must obtain a certificate from a licensed inspector that the property is either lead safe or lead free. In order to be lead safe, there has to be an inspection of the property, no deteriorated paint and samples have to be taken, what are called dust wipes, and submitted. And they have to meet EPA requirements. This requirement is now going to be put to childcare agencies. And in order to get a license, they are going to Stated Meeting December 1, 2016 have to show that the property has been inspected and, in fact, it meets -- it is either lead free or lead safe. And it will have to be done when they apply for the license. It -- the certification is two years. So, every two years there will have to be this inspection done. This is very important step. And I think it's really good that City Council is moving forward on these issues. Thank you.
Thank you. Clerk, would you please read the name of the next speaker.
Keir Grey commenting on 161027. (Witness approaches podium.)
Thank you very much. My name is Kier Grey. I'm actually the Chief Defender of the Defender's Association of Philadelphia as well as Co-Chair on the Criminal Justice Committee. I am speaking in support of the Resolution 161027, the Criminal Justice Reform Committee's report. Stated Meeting December 1, 2016 Before I do, I want to thank Council President Clarke as well as Councilman Jones for their commitment to criminal justice reform. I think it is really important, especially right now for cities to engage in this level of practice, to have a system that promotes fundamental fairness. Meaning that, we do not have a system that is reduced to allowing people to use bias to cloud their decision makings. We also want a system that is fiscally responsible that makes best use of taxpayer dollars and one that promotes the utmost support of public safety. I think we have learned over decades that we cannot incarcerate our way to public safety. We have to use creative approaches to dealing with some of the issues that people come into our system with. The Defender Association of Philadelphia supports criminal justice reform by engaging in new wholistic practice. One of the things it allowed me to do Stated Meeting December 1, 2016 over this past couple of months in working with City Council is understand the commitment that Council has to improving the quality of life of their constituents. The Defender's Association wholistic model does also support that mission. And I just want to let many of the Councilpeople know that we are so interested in supporting your efforts to do just that by engaging with communities on other levels than we have been in the past. Our wholistic model allows us to not look at the person as a case file, but look at what's driving the behaviors. We have come up with very creative ways to deal with that grey area of the criminal justice system that no one really knows what to do with. We have to do more, and we are willing to do that. We are willing to partner with you to do just such. One example of that is a new initiative that we just engaged in with Big Brother Big Sister to help our girls. And I want to say, one, congratulation to the ladies of Stated Meeting December 1, 2016 AKA for the 90th Anniversary. And we are going to be asking you to help us with this initiative to improve the quality of life of our girls. Our girls are hurting. They are coming into our criminal justice system in record numbers, and there are very little resources to deal with them. And when we have this engagement with Big Brother Big Sister, we are using grass roots effort to give better rehabilitation options. We are using people in the community, with stature, with options that can give our girls exposure to different things that the system cannot handle. And we are asking you to volunteer and be a big in this program because they really need it. I think their options and opportunities in life will be better off with you involved. So, I will be coming to you, but I want to congratulate you. I am a Delta myself, but I do stand in solidarity with my sisters in service. Thank you very much. Thank you for giving me this opportunity. Stated Meeting December 1, 2016
Thank you for your comment. Clerk, would you please read the name of the next speaker.
Sam Bernhardt commenting on 160687. (Witness approaches podium.)
Good afternoon. My name is Sam Bernhardt. I'm the senior Pennsylvania organizer for food and water watch. Thank you for considering today several bills addressing the real public health issue that is the lead in our community. And thank you to the women of Council for their leadership on this issue. The water crisis in Flint shined a lot light on the problem of lead in water. But the Flint community still has not received the help it needs from the Federal Government and, unfortunately, it doesn't look like it will. Given the delays in strengthening federal regulations and uncertainties about the priorities of the Stated Meeting December 1, 2016 new presidential administration, states and localities across the country must step up to protect their residents from lead. We urge Council to pass these bills unanimously.
Thank you for your comment. Clerk, would you please read the name of our next speaker.
Nicole Dienna commenting on a privileged resolution introduced by Councilman Taubenberger today authorizing the Committee on Public Health to examine regulations, Board of Health regulations, on Tobacco Retailing Licenses. (Witness approaches podium.)
Good afternoon. My name is Nicole Dienna. I'm representing 7-Eleven franchise owners in the City of Philadelphia and like businesses. I'm here in support of Councilman Taubenberger's resolution to hold hearings on the new Board of Health regulations. These issues are too important for City Council not to have a voice in Stated Meeting December 1, 2016 Board of Health regulations affecting your citizens and your business owners. This is not about tobacco. It is about the ramifications of this resolution and how it affects small business owners in regards to revoking and grandfathering of licenses. 7-Eleven provides extensive training for all owners, managers and associates as well as independent secret shopper programs to ensure execution of proper age restriction sales. Our owners are dedicated to holding their associates accountable, but they cannot be there 24 hours a day, seven days a week. To lose a license forces closure of a location as is stipulated by their business contract with 7-Eleven corporation. Additionally, for a store owner to work their whole life only to lose goodwill in their business at the time they decide to sell, retire or transfer ownership of their business, makes a location unsellable without a tobacco license. This will close their doors, the owners lose that investment, the City loses wage taxes, Stated Meeting December 1, 2016 tobacco taxes, business privilege taxes and the sugary beverage tax not to the multiple license renewal fees paid to the City annually. We ask you to consider the small business owners who are here for this community each and every day to provide services to all of us. They contribute greatly to local schools, athletic, animals, veterans, and Phil-abundance organizations all located in the City of Philadelphia. We thank you for your time, and thank you for your consideration.
Robert Burdge also commenting on Councilman Taubenberger's tobacco retailing licensing issue. (Witness approaches podium.)
Again, as the lady went out, we have enough taxes on small Stated Meeting December 1, 2016 businesses. I've been looking at trying to start a small business. There are so many taxes I would have to pay. Even to just open doors you have to start with a lot of money. That's why the small businesses are leaving the City right now. And we have, like Mr. Taubenberger says, there is stuff in place already. We don't need to put any more. And as the lady says, 7-Elevens, Wawas, they are all part of our neighborhood. If they close the store down, it's costing the City more taxes and wage tax. The City needs not to put more taxes, but they need to help -- help the small people become part of the city. I know two places in the last year right here on Market Street closed down because of the taxes and the regulations. And that's not good. And we need to continually try to not put more regulations, but try to help our small people and try to be part of a solution. I know about the tobacco and not selling, but there is a regulation already in place. And so, we need not to put Stated Meeting December 1, 2016 them -- more taxes. We already putting a soda tax on the small businesses like the mom and pop stores in the neighborhood. And I don't know how that's going to effect us, but it's going to cost not just the small business, it's going to cost everybody including the people that live in the neighborhoods that we have to pay more per -- to get a bottle of soda. And that's outrageous. And I just want to say thanks to Mr. Taubenberger. You're doing a good job, sir.
There are no other speakers in the Public Comment list, Mr. Chairman.
If there are no other speakers to provide public comment on today's agenda, then this concludes our Stated Meeting December 1, 2016 Public Comment period. We will now consider the bills and resolutions on our Second Reading and Final Passage Calendars today. Clerk, would you please read the title of our bills. We will now read the title of Resolution No. 161022.
A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the West Philadelphia Redevelopment Area, identified by house number and street address as 1467 North 53rd Street.
Thank you, Mr. Chairman. I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded the resolution Bill No. 161022 be adopted. All in favor, signify by saying aye. Stated Meeting December 1, 2016 (Ayes.)
The ayes have it. The Resolution 161022 is now adopted. Clerk, would you read the title of Resolution 161023.
A resolution approving the first amendment to the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area, identified by house numbers and street addresses as 3210-12, 3211-19, 3216, 3220-26, 3223-3237, 3230 and 3236 Arlington Street; 3225-27 and 3223-37 West Berks Street; 3210-14, 3217, 3220, 3223-25, 3224, 3228, 3229, 3232-34, and 3233-37 Monument Street.
Chair recognizes Councilman Greenlee for Resolution 161023.
Thank you, Mr. Chairman. I move the adoption of the resolution. Stated Meeting December 1, 2016 (Duly seconded.)
It has been moved and second the Resolution 161023 be adopted. All those in favor signify by saying aye. (Ayes.)
The ayes have it. The resolution is adopted. Clerk, would you please read Resolution No. 161024.
A resolution authorizing the Philadelphia Redevelopment Authority to dispose of certain properties located in the Fifth Councilmanic District that will be transferred by the City to the Authority by conveyance of such properties to the Philadelphia Land Bank.
Thank you, Mr. Chairman. I move the adoption of the resolution. Stated Meeting December 1, 2016 (Duly seconded.)
It has been seconded and the resolution to be adopted -Resolution 161024. All those in favor signify by saying aye. (Ayes.)
Ayes have it. Resolution 161024 is now adopted. Clerk, would you please read the title of Resolution 161026.
A resolution also naming the 2100 block of North 56th Street as "Will Smith, Sr. Way" in honor of the late father of comedian and actor, Will Smith, to commemorate his life and service to the West Philadelphia community.
Thank you, Mr. Chairman. I move for its adoption. (Duly seconded.) Stated Meeting December 1, 2016
It has been moved and seconded the Resolution 161026 be adopted. All those in favor, signify by saying aye. (Ayes.)
The ayes have it. Resolution 161026 is now adopted. Chair recognizes or, Clerk, would you please read Resolution 161027.
A resolution adopting the report issued by Council's Special Committee on Criminal Justice Reform, containing recommendations on how the City can minimize the amount of non-violent offenders who are incarcerated pretrial.
Yes, Mr. Chairman. I'd like to speak on this resolution before we adopt. Is that all right?
Thank you. I want to thank all of the members of the Justice Reform Committee and particularly Council President Clarke for authorizing us to move forward. This -this interim report highlights three key points. One is GPS ankle bracelet technology to reduce the census on State Road. Number two, it deals with something that Councilwoman Blackwell has long been an advocate for, day reporting centers. And then the third thing is to look at risk assessment to determine whether people are bad people or had a bad day and can be considered non-threatening to themselves and the public. So, I wanted to publicly thank Council President Clarke for moving this forward and to also alert you that we are, out of those three, moving swiftly to take a hard look at day reporting centers. Again, this is not something new. This is something that Councilwoman Blackwell bravely put forth in Stated Meeting December 1, 2016 prior sessions. And we have some considerations for us in time for budget deliberation. I want to thank all of the colleagues that are serving on this committee.
Thank you. Again, the Chair recognizes Councilman Jones on the motion, Resolution 161027.
Thank you, Mr. Leader. I move for the adoption. (Duly seconded.)
It has been moved and seconded the resolution be adopted. All those in favor signify by saying aye. (Ayes.)
A resolution authorizing Stated Meeting December 1, 2016 the Commissioner of Public Property to execute and to deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with building and improvements thereon, situated in the Eighteenth and Twenty-Third Wards of the City of Philadelphia.
Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Mr. President. I move for its adoption. (Duly seconded.)
It has been moved and properly seconded. All those in favor say aye. (Ayes.)
Ayes have it. And Resolution 161033 is adopted. Stated Meeting December 1, 2016 Mr. Decker, 161034.
A resolution authorizing the Philadelphia Redevelopment Authority to dispose of certain properties located in the Seventh Councilmanic District, to be transferred by the City to the Authority by conveying such properties to the Philadelphia Land Bank.
Chair again recognizes Councilwoman Quinones-Sanchez.
Thank you, Mr. President. I move for its adoption. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Ayes.)
Ayes have it. Resolution 161034 is adopted. Mr. Decker, 161036. Stated Meeting December 1, 2016
A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house numbers and street addresses as 2476 Jasper Street and 2478 Jasper Street.
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 say aye. (Ayes.)
Ayes have it. 161036 has been adopted. Mr. Decker, 161037. Stated Meeting December 1, 2016
A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2511 Sepviva Street.
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 say aye. (Ayes.)
Ayes have it. 161037 is adopted. Mr. Decker, please read the title of 160512. Stated Meeting December 1, 2016
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Sarah Street, Wildey Street, Shackamaxon Street and the Delaware Expressway.
Thank you, Mr. President. On your behalf I move that Bill No. 160512 be withdrawn. (Duly seconded.)
It's been moved an properly seconded. All those in favor. (Ayes.)
The ayes have it. And 161512 is withdrawn. Mr. Decker, 160715.
An ordinance to amend the Philadelphia Zoning Maps by changing the Stated Meeting December 1, 2016 zoning designations of certain areas of land located within an area bounded by Front Street, Amber Street, Lehigh Avenue and Emerald Street.
This bill has been heard on two separate occasion. The question is, shall the bill pass finally. Mr. Decker, call the roll.
Aye. The ayes are 16, the nays are 0. Majority members present voted in the affirmative. The bill passes. Mr. Decker, 160716.
An ordinance amending Chapter 14-600 of The Philadelphia Code, Stated Meeting December 1, 2016 entitled "Use Regulations," modifying certain standards for ground floor uses on CMX-2 and CMX-2.5 districts.
This bill has been heard on two separate days. Question is, shall the bill pas finally? Mr. Decker, call the roll.
Aye. The ayes are 16 and the nays are 0. Majority members present voting in the affirmative. The bill passes. Mr. Decker, 160776.
And ordinance to amend the Philadelphia Zoning Maps by changing the zoning designation of certain areas of land Stated Meeting December 1, 2016 located within an area bounded by Front Street, Oregon Avenue, 10th Street and the Schuylkill Expressway(I-76).
This bill has been heard on two separate day. The question is, shall the bill pass finally. Mr. Decker, call the roll.