COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 13, 2012 10:45 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. The hour has come. We have established a quorum. I would ask all guests and visitors to please retire behind the rail and ask all members to please take your seats. Thank you. To give our invocation this morning, the Chair recognizes Father Paul Kennedy of St. Katherine of Siena Catholic Church. He is here today as the guest of Councilman Bobby Henon. I would ask all members and guests to please rise. (Members and guests rise.)
Let us pray. Heavenly Father, in this season of waiting and preparation, we ask you to strengthen us with meaningful words, words that encourage and uplift our spirit, words that help us to keep our perspective, words that are powerful and strong. The word in the advertisement is "believe." Help us to believe, to believe in one another and to believe in ourselves. Help us to believe in our country and in our city. Help us to believe that nothing is impossible, except the things for which we do not try. Disney also uses words which are appropriate in this wonderful season. They have named three puppies Faith, Hope, and Charity. Cute names for puppies, but bold and hopeful words for us. Help us to believe in these words. Help us to have these three gifts. Help us to use them for the good of all, especially for our brothers and sisters here in our beloved city. Most of all, we ask you to bestow upon this body special words, powerful words, grace-filled words, words which will heal, unite, forgive, encourage, and lead. Give each of us the right words that we may all move forward toward that great unity of all humankind your blessing to us. Amen. (Amen.)
Thank you, Father, so much. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, December 6th, 2012. The Chair recognizes Councilman Greenlee.
Thank you, Mr. Chairman. I move that the Journal of the meeting of Thursday, December 6th, 2012 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, 6th, 2012 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The Journal is approved. The next order of business is requests for leaves of absence, and the Chair recognizes myself. And there are no requests for leaves of absence today on the part of the majority. The Chair recognizes Councilman O'Neill.
Thank you, Mr. Chairman. There's no request for leave of absence on behalf of the republicans.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to City Council session. We appreciate that you take the time out to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the Chair recognizes Councilman Oh, who will present a resolution honoring John J. Gaittens' 33 year career in the Philadelphia Police Department. Will the Deputy Commissioner please join us at the rostrum and all those accompanying him. Councilman Oh.
Thank you very much, President Pro Tem. While we're gathering, I know we have a full schedule, so I would just like to make some brief comments, as is very worthy of this occasion. We are honoring Deputy Gaittens, known to his friends as Jack Gaittens, on the occasion of his retirement after 33 years of exemplary and outstanding service. Honor, service, integrity are the motto of the Philadelphia Police Department. Those are inspiring words and high standards to live by, and appropriate for a job that brings our police officers, men and women, into every neighborhood of our diverse city, where their uniform and their badge, their training, their experience welcomes them to rescue, to help, to save, to assist persons in need, for which they are prepared and have unfortunately laid down their lives. This is no ordinary job, and in that it's easy to see how officers can come under stress, can resent the politics that are placed upon them, can resent the communities that they're not welcomed when they try to serve and help. Despite that, they serve our largest police department in a manner that is outstanding, and among them is a person who is even outstanding amongst these people, and that is Deputy Commissioner Jack Gaittens. His manner, his professionalism, his open-door policy to not only the citizens of Philadelphia but to also those in the Police Department, where he has been a calming and a force and an example of good organization and concern, where he truly has been exemplary. It's really my honor and the honor of all of us here in Council to recognize him. Therefore, this City Council resolution by all the members of City Council, honoring John J. Gaittens' 33 year career in the Philadelphia Police Department. The Council of the City of Philadelphia hereby honors, congratulates, commends, and thanks John J. Gaittens on the occasion of his 33 years of dedicated and excellent service with the Philadelphia Police Department.
Whereas, John J. Gaittens joined the Philadelphia Police Department on December 3rd, 1979 where he began his career as a Patrol Officer in the 23rd District; Whereas, in November 1986, John J. Gaittens was promoted to Sergeant in the Automotive Services Division; and Whereas, in June 1991, Gaittens was promoted to Lieutenant in the 22nd District;
Whereas, in December 1994, John J. Gaittens was promoted to Captain where he served in a variety of commands including the Labor Relations Unit of the Human Resources Bureau of the 3rd District, 35th District and the S.W.A.T. team; and Whereas, in April 2003, John J. Gaittens was promoted to Inspector where he was assigned to command the Northwest Division; and
Whereas, in November 2004, John J. Gaittens was appointed Deputy Commissioner of Administration and Training and subsequently assumed the additional duties of the Deputy Commissioner for science and technology, he was responsible for overseeing the Police Department Budget, Personnel, Capital Programs, Information and Technology, Communications and also for overseeing the operations of the Training Bureau Grants Management, Staff Services Bureau, Judge Advocate and Charging Unit and the Administrative Services Bureau; Whereas, John J. Gaittens -it's just too much to read at once. John, you've done too many things. John J. Gaittens demonstrated great vision, leadership and commitment that contributed invaluably to the public safety of Philadelphians for decades that will benefit our City for decades into future; Whereas, throughout his exemplary career, John J. Gaittens has received numerous commendations, awards and citations as well as the respect and, most of all, the admiration of the entire law enforcement community; therefore, be it
Resolved, that the City Council -- resolved, that the Council of the City of Philadelphia hereby honors, congratulates, commends, and thanks John J. Gaittens on the occasion of his retirement after 33 years of dedicated and excellent service with the Philadelphia Police Department. Further resolved, that an engrossed copy of this resolution be presented to John J. Gaittens as evidence of the respect and admiration of this legislative body for his long and distinguished career with the Philadelphia Police Department. (Applause.)
I would like to certainly recognize Commissioner Ramsey is here with many of his command staff and senior officers, and we have the FOP represented as well.
The Chair recognizes Deputy Commissioner Gaittens for remarks. DEPUTY COMMISSIONER GAITTENS: Thank you, Mr. Chair. Thank you very much. I greatly appreciate this honor. I will say this: It has been an honor and a privilege to wear the uniform of the Philadelphia Police Department for 33 years. (Applause.) DEPUTY COMMISSIONER GAITTENS: I've been truly blessed to be able to work with many magnificent men and women for all of these years and to serve the citizens of this city, and it's been a pleasure working with Council. Thank you. (Applause.)
At this time, the Chair recognizes Councilman Kenney, who will present a resolution honoring James F. Muller. Would Mr. Muller and those accompanying him join him at the podium. I note Councilman Squilla will be joining Councilman Kenney. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. While we wait, we can all agree that Councilman Squilla's sweater is much worse than Councilman Henon's sweater, much worse. Thirty-three years with Jack Gaittens, 39 years with Jimmy Muller. I mean, we're talking about two dedicated City employees that have done a lot for a lot of people over the years, and we're be able to present this, because you'll find no better example of a neighbor, father, person who comes out of our neighborhood in South Philly, Our Labor of Mt. Carmel, soul of the earth, what a good, good person and a good family. So we're just thrilled to be able to do this. The Council of the City of Philadelphia is proud to honor James F. Muller, retiring after more than 39 years of dedicated service to the City. Mr. Muller began his career as an automotive mechanic in the Streets Department and worked his way up through the ranks to Acting Automotive Supervisor for the Department of Public Property; and Whereas, the Office of Fleet Management was created on July 1st, 1993, and Mr. Muller was recruited to work in its administrative area, writing vehicle specifications. He was promoted to District Manager the following year; Whereas, in July 2000, Mr. Muller accepted an exempt position as the Assistant Managing Director - Deputy Fleet Manager in charge of operations at 17 vehicle maintenance facilities throughout the City; and Whereas, in March 2003, Mr. Muller was appointed to the position of Deputy Managing Director - Fleet Manager, with responsibility for vehicle purchasing and repairs for 6,000 vehicles in the City's fleet;
Whereas, throughout his 39-year career, Mr. Muller has consistently demonstrated dedication to the City of Philadelphia by working with energy and determination. He has been involved in the community and has been an enthusiastic member of the Quaker City String Band, serving as Drill Master and past President; Whereas, Mr. Muller is the third generation of his family to serve the City. His grandfather was a Sergeant Department, his father worked for the Streets Department, and now his son, James, is also a Sergeant with the Police Department; and Whereas, during his career, Mr. Muller earned the respect of the employees he served alongside, and is held in high esteem by his colleagues. He's considered honest and fair in all who work with him and has been recognized for his contributions to the field of Fleet Management. He will be missed, but he is wished very well in his future endeavors; now, therefore Be it resolved, by the Council of the City of Philadelphia, that it hereby recognizes, honors and celebrates James F. Muller, retiring after more than 39 years of dedicated service to the City. Further resolved, that an engrossed copy of this resolution be presented to James F. Muller as evidence of the sincere admiration and gratitude (Applause.)
Good morning. I'd like to thank everyone for this opportunity and this -- and all the people, especially from the Office of Fleet Management that worked for us and the City, and I thank Councilmen Kenney and Squilla for this honor. Thank you. (Applause.)
Thank you. At this time, the Chair recognizes Councilwoman Brown, who will present a resolution honoring and recognizing Jeffrey W. Gordon on the occasion of his retirement from PECO. Would Jeffrey Gordon and those accompanying him please join the And joining the Councilwoman we have Councilman Oh, Councilwoman Sanchez, and Councilman O'Brien and Councilman O'Neill.
Thank you, Mr. President. Long before our honoree this morning and myself got to know each other serving on the Board of Directors for the Marian Anderson Awards, we would see each other at the rich, diverse arts and cultural events around the City, and then we landed up on the same Board, and now to see that he has moved to a place in his career that moves him from PECO, but we still have him at the Marian Anderson Awards, right?
So it's a wonderful pleasure for me and my colleagues to honor and recognize Jeffrey W. Gordon on the occasion of his retirement from PECO and his tireless art, cultural and civic communities of Philadelphia and beyond.
Whereas, Jeffrey W. Gordon is the Manager of Corporate Relation at PECO. His group manages PECO's citizenship initiatives, including sponsorships, contributions, special events and employee volunteerism; and
Whereas, during his tenure at PECO, Mr. Gordon managed major initiatives including but not limited to the re-lighting of Boat House Row, the opening of the Barnes and Free First Sundays, the opening of the core exhibit at Audacious Freedom at the African American Museum in Philadelphia, the green roof exhibit at the Philadelphia Flower Show, the PECO Energizing Education Program, the Widener Partnership Charter School STEM Program, King Tut at the Franklin Institute and the Tanner Exhibit at the Pennsylvania Academy of the Fine Arts; and Whereas, before coming to PECO in 1998, Gordon was Vice President of Corporate Community Relations at Meridian Bank for fourteen years. He developed "Money Smart," a financial literacy program for high school students, and managed Meridian's involvement as founding sponsor of two major tourism events: Musikfest (Bethlehem) and Mayfair (Allentown); and
Whereas, Mr. Gordon began his career as an arts administrator. He was Director of Education and Community Outreach for the Hartford Stage Company and Managing Director of the Pennsylvania Stage Company in Allentown, PA; Whereas, during his career, Mr. Gordon has utilized his communications, marketing and public relations experience to help non-profit and private sector organizations establish a positive identity; and
Whereas, on a number of boards and committee including Marian Anderson Award, Councilwoman Blondell Reynolds mentioned, Congreso's Corporate Advisory Council and Cultivando Futuros Committee; the Asian Arts Initiative Strategic Planning Committee; and he serves as the lead for PECO's Education Steering Committee which provides oversight of the companies relationship with Drexel University and Widener University; now, therefore, it be Resolved, by the City Council of Philadelphia, that we hereby honor and recognize Jeffrey Gordon on the occasion of his retirement from PECO and for his tireless commitment to the art, cultural and civic communities of Philadelphia and beyond.
Further resolved, that an engrossed copy of this resolution will be presented to Jeffrey W. Gordon as evidence of the sincere sentiments of this legislative body. by Councilmembers O'Brien, O'Neill, Quinones-Sanchez, and myself and supported by all the members of the Philadelphia City Council. We will miss you. Congratulations. (Applause.)
I want to obviously thank City Council President Darrell Clarke, the sponsors of this most unexpected recognition this morning. It's just been a great honor for me to work with the City Councilmembers on all the projects that were mentioned and most recently on a playground build with Maria up in North Philadelphia. I see you, all of you, all hours of the day and night, and it's just been great. And thanks to all of the partners who took time from their schedules to be here this morning. Thank do to make Philadelphia a world-class city. It's been an honor and a privilege for me to work with all of you. I'm a native Bostonian, but believe me, I've become a proud Philadelphian. So thank you all. (Applause.)
Thank you so much. At this time, the Chair recognizes Councilwoman Blackwell, who will present a resolution recognizing the West Philadelphia Alliance for Children. Would David Florig and those accompanying him please join the Councilwoman at the podium. And we have Councilwoman Brown is also joining the Councilwoman.
Councilwoman, could you hold on one second, please. Folks, we're going to ask that you please keep your voices at a minimum. It's difficult to hear. Thank you. Please proceed, Councilwoman.
Thank you. Recognizing the West Philadelphia Alliance for Children (WePAC) for their steadfast dedication to Philadelphia's Public Schools as they initiate literacy programs and open school libraries. Whereas, the West Philadelphia Alliance for Children (WePAC) is a Philadelphia based non-profit organization that provides literacy programs to young students and opens libraries in schools; and Whereas, while a child's reading ability at the end of the third predictor of school dropout, more than 80 percent of Philadelphia's public schools lack a functioning -- more than 80 percent of Philadelphia public schools lack a functioning library; and Whereas, year after year, surveys show that for many students, the school library is the only library they visit and principals report that many children do not have anyone reading to them at home; and Whereas, since 2009, WePAC has opened 16 previously closed libraries, elementary school libraries, and currently runs 12 libraries in West and Southwest Philadelphia, providing services to more than 5,000 students; and
Whereas, WePAC has donated thousands of books to schools and currently more than 2,500 books are circulated each month; Whereas, dedicated volunteers, like those before us, read stories with children, help them select and check out books and make reading come alive; and Whereas, WePAC's literacy mentors work with individuals and small groups in the classrooms so that students can enhance their writing skills; and Whereas, WePAC is the only non-profit organization in the City of Philadelphia that systematically works to open closed school libraries. Like that, Councilman Bill Green? And whereas, WePAC is funded entirely with private dollars and provides all of its services at no cost to schools or the School District of Philadelphia; now therefore, be it Resolved, that the Philadelphia City Council recognizes the important work of the West Philadelphia Alliance for Children for their steadfast, unwavering dedication to Philadelphia's Public Schools as they initiate literacy programs and open school libraries. (Applause.)
On behalf of the West Philadelphia Alliance for Children, our Board of Directors and our staff, I want to thank Council so much and particularly Councilwoman Blackwell for this tremendous honor. As Councilwoman Blackwell said, we launched in 2009, and now we're running 12 public elementary school libraries, serving more than 5,000 students. What you may not know is that 25 years ago, every school in Philadelphia had a functioning library. Today very few do. In contrast, every prison, every state prison in Pennsylvania, has a library, a librarian with a Master's Degree and a collection of 5,000 books, but our schools don't. And we're trying to remedy that. We're trying to make reading exciting, reading fun, and bringing the joy of books and the love of that they'll graduate from high school and go on to have great careers and live in the City, invest in the City, and build businesses in our city and grow our great city to what it can become. I want to thank you so much again for this honor. And there are a couple of things that Councilmembers could do to help support our work, and I hope that each of you would be interested in doing these. The primary need of ours is additional volunteers. If any of you would like information about WePAC for your newsletter to go out to your constituents and recruit more and more volunteers to serve in school libraries, that would be fabulous. We would love for you to do that, and we can provide you with the content for that. We would love for each of you to join us in April during National Library Week and come to a school library and read one of your favorite childhood love of reading and your joy of reading with the students. I hope that each of you can help connect with others who are interested in our mission, interested in education for young children in Philadelphia, and that you can support us by connecting us with folks who are interested in working with us. As was mentioned, we're entirely privately funded, so we are always interested in philanthropists and community members who would like to make an investment in our children. And, finally, I'd like the chance to sit down with each of you for 10 or 15 minutes and talk about ways that we can work together and open new libraries and bring the joy and excitement of reading to thousands more students in Philadelphia. So, again, on behalf of the entire organization, thank you so much, and we're truly honored.
Thank you so much. 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. Mr. Decker, will you please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 and 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission regarding the following bills: Bill Nos. 120890, 120891, 120892, 120893, 120895, 120901, 120902, 120903, 120919, 120921, 120958, 120959, and 120961; and advise you that on December 11, 2012, I signed the remaining bills that were passed by Council at its session on November 29, 2012; and I am transmitting herewith for the introduction and consideration of your honorable body an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 72 by placing on the City Plan an extension of Cotton Street from its current terminus at the northeasterly side of the Manayunk Canal, southwest of Main Street, southwestwardly to a point approximately twenty-two feet southwest of the southwesterly side of the Canal; and An ordinance amending Section 2 of an ordinance (Bill No. 070392), entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating the legally open portions of Lewellen Street from Delaware Avenue to Canal Street; and An ordinance authorizing the Streets Commissioner to enter into an agreement with the Norfolk Southern Railway Company for the establishment and construction of public at-grade crossings of the tracks of the said Railway Company at the southwesterly side of the Manayunk Canal by proposed extensions of Cotton Street and Lock Street, all under certain terms and conditions.
Thank you, Mr. Decker. Do you have any other communications in your possession?
Thank you so much. The next order of business is the introduction of bills and resolutions, and at this time, the Chair recognizes Councilman Kenney.
A non-privileged resolution urging the United States Congress to renew the Production Tax Credit, which supports the growth of renewable energy sources and more than 3,000 jobs in Pennsylvania, before it expires on December 31, 2012.
Thank you, Mr. President. I move the rules of Council be suspended to allow consideration of this resolution at the end of today's Calendar. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it. This resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam -- thank you, Sir President. Gees, you didn't hear that, did you? Old habits are hard to break.
Thank you, Councilwoman. The Chair now recognizes Councilman Greenlee.
Thank you, Mr. President. On your behalf, I offer two resolutions. I'd like to be recognized on the re-call resolution for a motion, please.
A non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-Second Ward of the City of Philadelphia.
That resolution will be placed on the next Council session's Final Passage Calendar.
And a non-privileged resolution requesting the Mayor to return to Council Bill No. 120656-A, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by revising lot area and parking requirements in certain districts, and making technical changes, all under certain terms and conditions," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you, Mr. President. I move that the rules of Council be suspended to allow for the consideration of this resolution at the end of today's Calendar. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it. The bill will be reconsidered at the end of today's Calendar. The Chair now recognizes Councilman Henon.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Grant Avenue, Lavender Street, Primrose Road, Holyoke Road, and Academy Road.
That bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Miller Street, Madison Street, Belgrade Street and Allegheny Avenue.
That bill will also be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Orthodox Street, Garden Street, Lefevre Street, Richmond Street, Buckius Street and the Delaware River.
That bill will be referred to committee. The Chair recognizes Councilwoman Tasco.
Mr. President, I offer one resolution and one privileged resolution, which I will ask for the suspension of the rules.
Non-privileged resolution. One privileged and one non-privileged for suspension of the rules.
A privileged resolution recognizing and honoring the Oak Lane Youth Association for their outstanding achievements in the 2012 Pop Warner Super Bowl and National Cheer and Dance Championships.
That resolution will be placed on today's Final Passage Calendar.
And a non-privileged resolution amending Resolution No. 120538, approving the annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative Bond Proceeds for Fiscal Year 2013.
Mr. President, I move that the rules of Council be suspended so that this resolution can be heard at the end of today's session. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it. This resolution will be on today's Final Passage Calendar. The Chair recognizes Councilman Johnson.
Mr. President, I have no bills and no resolutions today.
Thank you, Councilman. The Chair now recognizes Councilwoman Sanchez.
Thank you, Councilwoman. The Chair recognizes Councilman Green.
An ordinance amending Chapters 19-1500, 17-700, 19-1200, 19-1500, 19-1800, 19-2800, and the Preface of the Tenth Edition of The Philadelphia Code, entitled "Wage and Net Profits Tax," "Law Department Fees," "Parking Tax," "Taxes and Rents General," "School Tax Authorization," "Pennsylvania Intergovernmental Cooperation Authority Tax on Wages and Net Profits," and "The Preface to the Tenth Edition," to rename the Wage and Net Profits Tax the employed Residents and Non-Residents Income and Earnings Tax.
That bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Income and Receipts Taxes," by, including, but not limited to, modifying certain definitions.
And an ordinance amending Chapter 17-1900 of The Philadelphia Code, entitled "First Source Jobs Policy," by clarifying certain definitions and responsibilities of financial assistance beneficiaries and of the City under the Chapter, all under certain terms and conditions.
That bill will also be referred to committee. The Chair recognizes Councilman O'Brien.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilman Goode.
An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Income and Receipts Taxes," by further revising the "Special Tax Credit Opportunity for Job Creation."
That bill will be referred to the appropriate committee.
And an ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled "Philadelphia 21st Century Minimum Wage and Benefits Standard," by revising the definition of the employers required to comply with the minimum compensation standards established by this Chapter.
That bill will also be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam -- Mr. President. Please forgive me. Relapse.
A privileged resolution recognizing the 30th Anniversary of Disadvantaged Business Enterprise Programs in the City of Philadelphia.
That will be placed on the Final Passage Calendar today. The Chair recognizes Councilman Jones.
Two bills, one privileged resolution. I would also let you know that Councilwoman Brown, Councilman Goode, Councilwoman Tasco, and Councilman Kenney co-sponsored this resolution, and also recognize that Councilman Kenney in 1992 got the authorization for the United Bank to actually receive City deposits, and we thank him.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 72 by placing on the City Plan an extension of Cotton Street from its current terminus at the northeasterly side of the Manayunk Canal, southwest of Main Street, southwestwardly to a point approximately twenty-two feet southwest of the southwesterly side of the Canal.
That bill will be referred to the appropriate committee.
And an ordinance authorizing the Streets Commissioner to enter into an agreement with the Norfolk Southern Railway Company for the establishment and construction of public at-grade crossings of the tracks of the said Railway Company at the southwesterly side of the Manayunk Canal.
And a privileged resolution honoring and celebrating The United Bank of Philadelphia for their tireless efforts to provide banking services to all, especially those in low-income and underserved communities, and their relentless support and dedication to the minority and small business community on the occasion of their 20th Anniversary.
That resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilman O'Neill.
Mr. President, I have no bills or resolutions. Thank you.
Thank you, Councilman. The Chair recognizes Councilman Squilla.
Thank you, Mr. President. I offer one privileged resolution.
A non-privileged resolution amending Resolution No. 120538, approving the annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative Bond Proceeds for Fiscal Year 2013.
Thank you. The Chair recognizes Councilman Squilla for a suspension.
I'd like to ask for a suspension of the rules to have that privileged resolution read today. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it. The rules have been suspended to allow reading at this session of Council. The Chair recognizes Councilwoman Bass.
Thank you, Councilwoman. And the Chair recognizes Councilman Oh.
Thank you, Mr. President. I offer no bills or resolutions.
Thank you so much, Councilman. This concludes our introduction. The next order of business is reports from committees. The Chair recognizes Councilman Jones for a report from the Committee of the Whole.
Mr. President, the Committee of the Whole reports one resolution with a favorable recommendation and nine resolutions with no recommendation.
Thank you, Councilman. Mr. Decker, please read the
To the President and members of the Council of the City of Philadelphia, the Committee of the Whole, to which was referred Resolution No. 120970, entitled "A resolution approving the appointment of Lynette Brown-Sow as a member of the Board of Commissioners of the Philadelphia Housing Authority"; and Resolution No. 120971, entitled "A resolution approving the appointment of Bonnie Camarda as a member of the Board of Commissioners of the Philadelphia Housing Authority"; and Resolution No. 120972, entitled "A resolution approving the appointment of Joan Markman as a member of the Board of Commissioners of the Philadelphia Housing Authority"; and Resolution No. 120973, entitled "A resolution approving the appointment of Kenneth A. Murphy as a member of the Board of Commissioners of the Philadelphia Housing Authority"; and 120974, entitled "A resolution approving the appointment of Leslie Callahan as a member of the Board of Commissioners of the Philadelphia Housing Authority"; and Resolution No. 120975, entitled "A resolution approving the appointment of Shellie Jackson as a member of the Board of Commissioners of the Philadelphia Housing Authority"; and Resolution No. 120976, entitled "A resolution approving the appointment of Nelson Diaz as a member of the Board of Commissioners of the Philadelphia Housing Authority"; and Resolution No. 120977, entitled "A resolution approving the appointment of Vernell Tate as a member of the Board of Commissioners of the Philadelphia Housing Authority"; and Resolution No. 120978, entitled "A resolution approving the appointment of Herbert Wetzel as a member of the Board of Commissioners of the Authority," respectfully reports it has considered the same and returns the attached resolutions to Council with no recommendation; and To which was referred Resolution No. 120979, entitled "A resolution appointing C. Kevin Gillespie to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion," respectfully reports it has considered the same and returns the attached resolution to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Jones for a motion.
Mr. President, I move that the rules of Council be suspended so as to permit consideration of Resolution No. 120979 on today's Final Passage Calendar. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Resolution 120979 at today's session of Council. All those in favor say aye. (Aye.)
The ayes have it. Resolution No. 120979 will be placed on today's Final Passage Calendar. Resolutions No. 120970, 120971, 120972, 120973, 120974, 120975, 120976, 120977, and 120978 will be placed on the Final Passage Calendar for our next session of Council. The Chair now recognizes Councilman Greenlee for a report from the Committee of Rules.
Thank you, Mr. President. The Committee on Rules reports one bill with a favorable recommendation.
The Committee on Rules, to which was referred Bill No. 120917, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by revising certain provisions relating to allowed uses and dimensional standards in commercial districts, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill 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 No. 120917. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 120917. All those in favor say aye. (Aye.)
The ayes have it, and this bill will be placed on our First Reading Calendar for today. The Chair now recognizes Councilman Goode for a report from the Committee of Commerce and Economic Development.
Thank you, on Commerce and Economic Development reports one resolution with a favorable recommendation.
The Committee on Commerce and Economic Development, to which was referred Resolution No. 120187, entitled "A resolution authorizing Council's Committee on Commerce and Economic Development to hold hearings to examine the level of female participation on executive boards in companies that do business in the City of Philadelphia," respectfully reports it has considered and amended the same and returns the attached resolution to Council with a favorable recommendation.
Thank you, Mr. Decker. This resolution will be placed on our Final Passage Calendar for consideration at our next session of Council. next order of business is the consideration of the Calendar. I note that the bill just reported from committee with suspension of the rules has been deemed to have had a first reading. This bill will be placed on the Second Reading and Final Passage Calendar for the next session of Council. As there are no additional bills on our First Reading Calendar, the Chair now recognizes Councilman Jones for a motion concerning the bills on the Second and Final Reading Passage.
Mr. President, I move that the rules of Council be suspended to permit the use of a Consent Agenda to considering the following bills on Second Reading and Final Passage Calendars: Nos. 120397, 120875, 120878, 120879, 120897, 120890, 120894, 120895, 120902, 120919, 120921, 120345, 120754, 120779, 120780, 120782, 120798, 120799, 120826, 120891, 120892, 120893, 120896, 120898, 120899, 120900, 120903, 120918, 120953, 120954, 120719, and 120915. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended to permit the use of a Consent Agenda to consider the bills just read by Councilman Jones. All those in favor indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and we will consider the Consent Agenda shortly. The Chair again recognizes Councilman Jones for the purpose of calling up bills and resolutions on the regular Second Reading and Final Passage Calendar.
Thank you, 2ND READING Mr. President. In addition to the bills being considered on the Consent Agenda, the following resolutions and bills are being called up for Second Reading and Final Passage Calendar today: Nos. 121005, 121007, 121010, 120011, 12 -correction; 121014, 121015, 121020, 121021, 121022, 121 -- no, correction; 120862, 120980, 120534-A, 120430-A, 120774-A, 120800, 120889, 120920, 120823, 120955, 120904, 120905, 120906, 120907, 120908, 120909, 120910, 120911, 120912, and 120913. All other bills and resolutions are being held.
Thank you, Councilman. The Chair at this point, I would like to recognize Councilman Kenney.
Thank you, Mr. President. I think we've gotten an early Christmas present this year from Santa. It's been almost a year since the term started, and for the first time -- I think for the first time since I recall in leaving, our friend Councilman DiCicco is in the Chamber. We'd like to welcome him back and say hello. Stand up, Frank. (Applause.)
Thank you, Councilman. I got to tell you, he looks much more relaxed. We'll now prepare for public comment. I'll just briefly go through the rules related to the public comment. First of all, if anyone is interested in speaking on any bills or resolutions that are on the Final Passage Calendar, I ask you to sign up to your left, if you haven't already done so. As you see the podium being placed in the middle of the Council, you will step forward to that podium. You will be given three minutes. We normally have a significant number of individuals testifying, so we want to limit it to three minutes to ensure that everybody has an opportunity to speak. Today is one of those days where we have a significant number of individuals. I do want to tell you that under the rules, if it is the same subject matter and there is a significant number of individuals testifying on the same bill or resolution, I do have the authority to cut off conversation as it relates to that particular bill or resolution. Hopefully I won't have to do that. So I ask you to please conclude your remarks as quickly as possible. The device on the podium goes as follows: When the light turns green, it is your time to speak. When the light turns yellow, it means that you have 30 seconds remaining on your three-minute limit, and when it turns red, we ask that you please conclude your remarks. So I thank you so much for your cooperation. At this time, I would ask, Mr. Decker, please read the first name. What we're going to do is, we apparently have a significant number of individuals who are here to discuss Bill No. 120534-A, which relates to defamation of monuments. So we're going to ask, Mr. Decker, you read those first.
Good morning. I'm Tom Kaiden, the President of the Greater Philadelphia Cultural Alliance. I've prepared some written testimony, which I will not read. I'll just speak to you this morning.
On behalf of the cultural community, I just want to restate the findings of our recent economic impact report. The arts and culture sector brings to our economy about $3.3 billion in economic impact, about 44,000 jobs, and about $169 million in tax revenues to our region. Last year, Travel and Leisure Magazine ranked Philadelphia No. 1 in the country for arts and culture, and last week the Lonely Planet guides just put us in the top five places to visit in North America for 2013. So why is it that we're scoring so high? Well, other cities have museums and orchestras and theatre, but what we have in this community is an incredibly diverse cultural product, and diversity is really our strength, diversity in terms of our offerings and also diversity in terms of our neighborhoods. Nowhere is that more important than in terms of public art, and the importance of public art to our community is that it is free, it is accessible, and it is low local. So anything that protects our public art is really vital. This is a fragile asset, and we need to make sure that the resources we have go to preserving and maintaining that public art, not to recovering from damage that's done to it. So I advocate on behalf of this bill. It's really important that we protect the public art assets that we have. Thank you.
Thank you, President and honored City Councilmen and women. My name is Quang Mac, a former Captain of the Soviet-Nam Army. I come over here in 1980, and I work very close with the CD and (unintelligible) in 1980 until now and the Mayor Commissioner. I come over here today to support the Bill 120534. The reason why we support that bill, because all of you know, (unintelligible) former high school in Edison High School and (unintelligible), they sacrifice in the Vietnam War. When we cannot let anyone to vandalize or damage on memorial in Penn Landing. That's what we ask on member of Councilmen and Madam Councilwomen to pass the bill and vote. That's your respect. So for the (unintelligible) student who sacrifice in the Vietnam War. Thank you.
Most residents of the City probably know where one or two war memorials are located, but very few civilians probably know any of the names on them or even pause to remember them as they pass by. To we who have served, though, they are much more than beautiful artwork and a collection of flags. They are part of the fabric of the veterans' community. They are links in an unbroken chain that connects us to the soldiers who founded our country. When I'm having a bad day, I'll eat lunch at the Tomb of the Unknown Soldier of the Revolutionary War, a man I call Jim, or at the Philadelphia Vietnam wall, Corporal Michael Crescenz and the other 645 men inshrined there, or the Doughboy statue on the corner of 2nd and Spring Garden or beneath my unit's division patch at the Korean War Memorial where those killed in action in the global war in terror are also inshrined. Sitting quietly at these monuments to the men who fought and died reminds of what is truly important and washes away at more picayune problems in my life. Simply touching the names etched in stone reminds me of the men barely removed from high school with whom I served and the bond we share. It truly doesn't matter at which memorial I pause, because everyone who has served is part of my family. We are connected by that unbroken chain to the men under George Washington who took on the mightiest military in the world in order that we could enjoy life, liberty, and the pursuit of happiness. To those of us who have had the honor of wearing the uniform, every day is Memorial Day. These monuments are greater than the sum of their mortar, bricks, steel, and stone. They're the last memories of brothers lost. They are grave markers and reminders of the selfless sacrifice of men that allows our nation to stay strong, safe, and free. Shouldn't the penalties for vandalizing the memorials to our brave fellow Philadelphians be commensurate with their sacrifice? When it comes time to vote, I urge you to think of the sacrifice of our neighbors in that unbroken chain and pass this bill. Thank you.
Terry Williamson. Terry Williamson. (Witness approached podium.)
Good morning. My name is Terry Williamson. I'm President of the Philadelphia Vietnam Veterans Memorial Fund and a Marine combat veteran. With me I have John Scott Mcallister, who I asked to serve as my stand for the memorial design that I'm just going to address very briefly. The Fund, for those of you who don't know, is a 501(3)(c) organization that provides oversight of the memorial, in concert with the Philadelphia Parks and Recreation Department. I appreciate the opportunity to speak on this important legislation and speaking before the many friends we have in this Council Chambers, including Councilmen Squilla and Oh. Let me start by saying our goal is not to see young people to go to jail for skateboarding at the memorial, but rather to send a clear message that there are significant consequences for violating this legislation. Apparently that message has not gotten through, since we have prosecuted out-of-town skateboarders and just in June two men, 25 and 19, were arrested. A 25-year-old man. Really? Threats to the sanctity of this memorial have existed virtually since it was dedicated 25 years ago. In fact, it is the primary reason we are raising funds and planning to open the Spruce Street side of the memorial as in this graphic rendering on my left that John is holding. Police and security experts tell us an open memorial will serve as a deterrent because individuals are less likely to perform their illegal acts when they are easily seen, as this would permit. I know it appears that our ire is targeted at skateboarders, but it is not completely misplaced. I have photos with me and be glad to share with you of the damage they have caused. But in fairness, you wouldn't believe some of the other defiling acts we have caught on security cameras. I also recognize that this legislation covers other public works, but the impetus of late has been the Vietnam Veterans Memorial and other similar memorials such as those honoring war debt of Korea, the Civil War, and the Revolutionary War I just mentioned. That emphasis is also not misplaced. I want you to reflect on the fact that this memorial honors 646 of those individuals we've lost in the war. I want to point out that Title 10 of The Philadelphia Code of Bill 120534 addresses -- includes a section on ethnic intimidation and institutional vandalism that defines the latter as any cemetery, mortuary or other facility used for the purpose of burial memorializing the dead. I was asked if I could support this measure, and I will be less than honest if I did not admit that I favor stronger penalties and believe they are warranted, but can accept this compromise, assuming no further degradation occurred. What helped sway me in this regard is the fact that the existing legislation includes a provision that parents of minors will be subject to the same penalties. I often think that in this case they are the guilty ones. And I'd also ask you to consider any penalties incurred be provided to the memorials they had in the past. Sorry for going over my time.
Good morning, Council and guests. I would like to state that skateboarding is fun and we don't want to take away anyone's right to skateboard, but when you get on a skateboard and go down to the Philadelphia Vietnam Veterans Memorial and go to the top of the memorial and get your skateboard and jump off down to the bottom of the memorial and damage the marble, we have spent tens of thousands of dollars, tens of thousands repairing this. This isn't fun. And these people don't -- like I said, I don't take anything away from anybody, but instead of us having fundraisers to repair the damage, we should have our fundraisers to perpetuate the memorial. And this is all I'm trying to say. If you want to have fun, fine, but you -- it's like coming in here. This is public property. Skateboarding across that marble and jumping down. That's not fun. That's vandalism, and it should be addressed. And I appreciate everyone who supports this in this Council on this bill. Thank you.
Thank you, Council. My name is Buddy Rhodes. I'm the Commander of the Military Purple Heart, and every one of these guys you see on that wall, 600 of them, they have the Purple Heart. I'm here to represent those, because they can't be here today to speak. So what I would like to say, that I'm not -- the reason why veterans are here today, for people like you, we have freedom of speech. We give the right for these skateboarders to skate. I can show you pictures here. There are places within the five-county area, City of Philadelphia for skateboarders to skate. That Vietnam Memorial is a sacred ground, and I would like the Council to support this Bill 120534 and for all the veterans, not only the Vietnam veterans, the Korean War veterans, as they spoke, the Civil War. And I could tell you right now, the skateboarders wouldn't be down on the cemetery skating down the road and around where the Medal of Honor recipients are at Valley Forge. We have the Medal of Honor grave out there, and a lot of you folks should go out there and see that. We don't have skateboarders going up and down there. So I appreciate if you would support this bill. Thank you.
My name is Barry Durkey, and I want to thank the Committee for hearing us. I'm a two-time veteran of the Vietnam War and I support the Bill 120534-A in its entirety. The way these skateboarders are disrespecting our national monuments, any type of a monument at all to the Vietnam War, I think is a travesty, and, again, I endorse and wholly want the Committee to approve this bill. Thank you very much.
President Clarke, members of Council, this is a better bill than that which was put before Council on October 4th. I have had the privilege of serving as legal counsel to a group of skateboarders and skate advocates who met with City officials after the earlier bill was withdrawn, and I'm happy to report that many of our concerns have been met. I'd especially like to thank Christine Kowski from Councilman Oh's office and Lew Rosman from the Mayor's Office for their careful consideration of our proposed changes and for their help in navigating the legislative process. And I think I speak for most people involved in this process that the version of the bill that appears before you today is improved as a result. We still believe, however, that the proposed fine is disproportionately high and that the possibility of jail time, no matter how remote, is deeply troubling. I have researched and compiled a list of the fines for illegal skateboarding in the 25 largest cities in the U.S., which I am presenting to Council today. The highest fine in six Texas cities, Milwaukee, San Diego, and San Jose, is $500. The remaining 18 cities have fines between $15, Memphis, and $250, Phoenix and LA. Ours is presently $300. This bill would hike that in cases where a skater is caught on a war memorial or on a piece of public art to $1,000. I would respectfully remind Council that the fine for recklessly discharging a firearm within City limits, Ordinance Title 10, Section 810, is $300. This Council only a week ago in Bill 120532 increased the fine for bicycling through traffic signals and on sidewalks, acts which put the public in physical danger, to a mere $75. I have not met a single skater who didn't immediately agree that trick skating in a war memorial was disrespectful and wrong. I haven't heard anyone argue that a person caught doing brick damage to public art is anything other than a common vandal, but we already have laws on the books against vandalism. A thousand dollar fine, together with the possibility of jail, will cement into law the fear of the skate community that their hobby is being slowly criminalized and it will tell the general public and, more seriously, the Philadelphia Police Department, which already has had an uneasy relationship with skaters since the Love Park skateboard ban, that every kid on a skateboard is a potential criminal. At a time when even law and order conservatives are beginning to accept the society as criminalized too much, that too many people are going to jail, this bill will create a new class of criminals. I would respectfully request that the bill be further amended on the floor to lower the fine and foreclose the possibility of jail time. Thank you.