Stated Meeting, December 13, 2012

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.)

Is there a second? (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.)

Those opposed? (No response.)

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.)

Council will be at ease. (Council at ease.)

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.)

The Chair recognize Mr. Muller for remarks.

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.)

Council will be at ease. (Council at ease.)

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?

Yes, you do.

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.)

The Chair recognizes Mr. Gordon for remarks.

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.)

Council will be at ease. (Council at ease.)

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.

Thank you, Mr. President. We are honored to

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. (Applause.)

Council will be at ease. (Council at ease.)

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?

I have none, Mr. President.

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.

Thank you, Mr. President. I offer one resolution.

Thank you, Councilman.

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.

The Chair recognizes Councilman Kenney.

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.)

Those opposed? (No response.)

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.

I understand.

I have no bills or resolutions today.

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.

Thank you, Councilman.

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.

The Chair recognizes Councilman Greenlee.

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.)

Those opposed? (No response.)

The ayes have it. The bill will be reconsidered at the end of today's Calendar. The Chair now recognizes Councilman Henon.

Thank you, Mr. President. I have three bills.

Thank you, Councilman.

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.

Thank you, Councilwoman.

Non-privileged resolution. One privileged and one non-privileged for suspension of the rules.

You want -- okay.

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.

The Chair recognizes Councilwoman Tasco.

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.)

Those opposed? (No response.)

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. No bills or resolutions.

Thank you, Councilwoman. The Chair recognizes Councilman Green.

Thank you, Mr. President. I have three bills.

Thank you, Councilman.

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.

That bill will be referred to committee.

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.

Thank you, Mr. President. I offer two bills.

Thank you, Councilman.

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.

Is something going on I don't know about?

Mr. President, we all miss President Verna.

I understand. I understand.

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.

Thank you, Mr. President.

Thank you, sir.

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.

Thank you.

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.

That bill will be referred to committee.

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.

Thank you, Councilman.

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.)

Those opposed? (No response.)

The ayes have it. The rules have been suspended to allow reading at this session of Council. The Chair recognizes Councilwoman Bass.

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

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.)

Those opposed? (No response.)

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.

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

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.)

Those opposed? (No response.)

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.

Thank you, Councilman.

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.)

Those opposed? (No response.)

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.

Tom Kaiden. (Witness approached podium.)

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.

Thank you.

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 so much.

Quang Mac. (Witness approached podium.)

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.

Thank you, sir. (Applause.)

Chris Hill. (Witness approached podium.)

Good morning.

Good morning.

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.

Thank you. (Applause.)

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.

Thank you. (Applause.)

John Everly. (Witness approached podium.)

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, sir. (Applause.)

Buddy Rhodes. (Witness approached podium.)

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.

Thank you, sir. (Applause.)

Barry Docker. (Witness approached podium.)

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.

Thank you, sir. (Applause.)

Lionel Ginzburg. (No response.)

Lionel Ginzburg. (Witness approached podium.)

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.

Thank you for your testimony. (Applause.)

Claire Laver. (Witness approached podium.)

Good morning, members of Council. My name is Claire Laver and I'm the Executive Director of Franklin's Paine Skatepark Fund, a local non-profit working to advance skateboarding in Philadelphia through advocacy, youth education, and the building of free public skate parks. I've worked with many of you on projects in your districts and would like to thank you for your support for our city's young people. The vast majority of the skateboarding population is under 18, so we're really talking about a youth issue here. I would like to acknowledge Councilman Oh and his staff for including us and members of the skateboarding community in this discussion ever since the bill was put on the suspended list. We're appreciative of his willingness to hear us and are grateful of the many requested changes that have been incorporated into this updated draft to further specify the bill, including signage requirements, exclusion of sidewalk placards, removal of jail time in Section 10-600 and the lowering of the fine. I would also like to mention that we very much share similar goals in the preservation of our city's public art monument and memorial. There aren't two sides of this argument. We share those goals, but we believe that through better signs of communication, we can achieve these goals working together rather than through harsher legislation. And I would also like to reiterate that while a thousand dollars is lower than the $2,000 fine for skateboarding, if passed, it would become the highest fine in the nation for anything related to skateboarding. Of the top 25 largest cities, none exceed a $500 fine, and the vast majority are between 15 and 250. We would hate to see Philadelphia hold this record. It does not send the right message to our young people, their parents, and the visitors of our city. And additionally, while we are pleased to see jail time removed from Section 10-600, we recognize that in reality, skaters may still be charged against institutional vandalism part of the code depending on the decision made by that particular law enforcement officer, and we do not support the inclusion of jail time or the incarceration of youth. Thank you for your time. (Applause.)

The next three speakers, Robert Williams, John Mcallister, Tracy Gorman. Robert Williams, John Mcallister, Tracy Gorman. (Witness approached podium.)

Hello. My name is Robert Williams. I'm a Temple University graduate, Philadelphia resident, skateboarder, and business owner. I spoke last time we were here. And I'd like to thank Councilwoman Blackwell for her support over the years for skateboarding, and I'd like to thank Councilman Oh for his extremely open dialogue with the skate community. I'm not sure that he recognizes that for us, that's a huge step and a big success for skating. So thank you, Councilman David Oh. This bill is less than what it was before as far as punishment. I just -- personally, I still think that the threat of jail time is so over the top, that that's what really concerns me about this bill. There are, to my knowledge -- and I know a lot of skateboarders in the City. None of us support skating at war memorials. So to the veterans in this room, we agree with you on that. There are just some parts of the bill that are very concerning to me. And if the war memorials are the main issue, I feel like the bill should be written that way. As it is still written, it is more encompassing than that, and the punishments are still too high. I would like to see some additional amendments made to this bill today or stricken down. But, again, I do want to make it clear to everyone in the room that we do not support the skating at war memorials. We understand that argument. And I just personally think the bill needs further work. Thank you very much.

Thank you for your testimony. (Applause.) (Witness approached podium.)

I'm John Scott Mcallister. I'm a Marine. I'm a Vietnam veteran. I'm a member of the Board of Directors for the Philadelphia Vietnam Veterans Memorial, and I work for the Department of Veterans Affairs for 40 years serving veterans. I ask you to consider three things. I ask you to increase the punishment associated with these acts of vandalism to the levels that were in the original bill. Alternatively, I ask that you certainly do not lower in any way the penalties that are written in the existing amendment. Third, I ask that you direct any of the proceeds from the penalties to be contributed to the memorial. Every dollar that we spend fixing vandalism at the memorial takes a dollar away from us being able to do more progressive things at the memorial, like having an educational kiosk that helps younger generations understand the sacrifice of veterans. I ask you these things in this context: For the Vietnam -- for the veteran community, the Vietnam Veterans Memorial is not just a public artifact. It is a sanctuary. It's a place of healing. We honor the sacrifice of 646 Philadelphia kids who were killed in Vietnam. They're guys we went to school with. They're guys we served with. Brothers -- we know their families. That's who we honor at the memorial. Members of the families still come each year several times during the year to honor their memory, to think about them. They still mourn those losses. That's what this memorial is for us. In my work with VA, I've taken veterans when they're ready down there, veterans who suffer from PTSD, and it's a place of reflection for them and it's a place of healing for them. For many of them, it's the first time they come to grips with the experiences that they've had in combat. That's what that memorial is to us. What I ask you was that as a community, we should view any act of vandalism, whether it's skateboarding or some of the other vile things that have occurred at the memorial, we should review it as absolutely reprehensible behavior, and we should view that behavior as reckless disregard for the memory of those 646 who gave their lives for our country. The 646 were accountable for their actions. The 646 stood up and were accountable, and they gave their lives for our country. I ask that you hold a vandal accountable for their actions. Thank you very much.

Thank you, sir. (Applause.)

Good morning, everybody. My name is Tracy Gorman. I am from the City of Chester, Pennsylvania, and I'm a current resident of Philadelphia and have been for the past six years, and I'm also a skateboarder. I'd just like to say I think this bill is absolutely ridiculous. Jail time for skateboarding is out of control. It's just not something that should be. And if you think about it, little kids today are skateboarding, and to penalize a little kid for skateboarding and giving him jail time or juvenile time, or whatever you would like to call it, creates a record. And being as though Philadelphia is one of the most crime-ridden cities in the country, you should realize that creating a record at such a young age creates a downward spiral, because every time that kid does anything and he is looked up for anything, they're going to see he has a criminal record. They're not going to see he has a criminal record for skateboarding. He will be labeled as a criminal at such a young age, and that is absolutely ridiculous. I'd also like to say just me personally, I feel as though the bill treats -- it is though there's just a massive wave of skateboarders flying across the City just destroying anything in their path, and that is not true. I am not a vandal. My friends are not vandals. We are ordinary people just like everyone in this room. I wake up in the morning, I get up, I shower, eat breakfast, I go to work like an ordinary citizen. I pay my bills, I pay my taxes. I should not be considered a vandal because in my free time I like to skateboard. I also think this bill is very vague, extremely vague, by just mentioning public art. I mean, yes, there's lots of art in the City of Philadelphia, but not everything is determined. And as my good friend Robert said, I have also never met a single skateboarder that supported skateboarding on any type of memorial of any kind. So to those who I do not know that have skated on your memorial, on their behalf I'd like to apologize to you, all the veterans, because that is not something I support. My friends over here, we do not support that. I just think jail time is out of control. That's just ridiculous to put a person in jail for 30 or 90 days for riding a skateboard. Just the other day I was threatened by the cops for riding a skateboard, and they yelled at me, threatened to take my board away and even attempted to enforce this law that we haven't even passed yet. And what was I doing? I was going to school. I was going to get an education. I was trying to better myself. But, no, this bill has labeled us all as vandals. So I personally believe, yes, there should be a fine, there should be penalties, and I also think they should be lowered. One thousand dollars is ridiculous, and jail time should be wiped off this bill entirely. Thank you.

Thank you. (Applause.)

The next three speakers, Harry Philbrick, Michael James, Stephen Miller. Harry Philbrick, Michael James, Stephen Miller. (Witness approached podium.)

Hello. How y'all doing? My name is Michael Jones. I think that was a mix-up. I just wanted to say that I was reading over the bill as I was sitting over there, and it seems like that people -- it's a lot of people on the outside looking in to skateboarding, so they don't know exactly what we do. We never leave the house thinking we're going to go mess up property. We don't think that. When we're leaving the house, we're looking for something to skate, something fun to do. So we're not coming out -- we're not coming out of our house like, Let's go tear up the City, skate memorials, and cause a ruckus. We're just -- skateboarding is really about just exploring the City, and sometimes we may end up in places we don't belong, but we're not doing that intentionally. And it seems like when we do find a place where we can skate freely and y'all catch on to it, y'all take it away from us. So when you kick us out of Love Park, you're pushing us out into the streets. We're going to go venture out and find something else, because that's what we do. It's in our nature. We can't help it. So when you kick us out, we're just going to go find the next best thing, you know. And I'm sorry if we damaged some things we're not supposed to. It's not something we do intentionally. I think it's kind of crazy that you can get locked up for skating nowadays. I've experienced it myself. I've been cuffed to a pole in the police station for riding my skateboard, you know. It's kind of ridiculous. Again, I'm from a family in Philly. I got veterans in my family, and like Tracy just said, if any of our homies, or whatever you want to call them, any of our vandals have messed up any of your memorials, like we said, we're sorry. We don't do things intentionally. Sometimes we may not even know it's a memorial. But like I'm saying, you're pushing us out of a place that's safe to skate and you're pushing us out into the City, so we're going to go find something else. And like I can only think of like three skate parks in the City, and half of them I don't even feel like going to because they too far away, when the City is right here. So I think maybe we just need more places for us to skate freely and we won't have to go out into the streets and destroy things. That's all I wanted to say. Thank you. (Applause.)

Thank you, sir. (Witness approached podium.)

Hello. My name is Stephen Miller. I'm a local business owner and a skateboarder. I came with prepared statements, but out of respect for the men behind me, I want to speak frankly to them. When myself and other skateboarders in the City of Philadelphia recently reached out with Councilman Oh, the first thing we said is we fully supported everything in this bill that protected war memorials. I stand by that. And I believe that they are hallowed grounds and they deserve to be respected. The one thing that they brought up that I believe if we leave today, they are right. If there are any fines implemented for skateboarding or any type of vandalism on these spots, that should go to these memorials. The problem with this bill, though, is I believe that the memorials were a greater thing to hide smaller fines throughout the City of Philadelphia, just regular public streets, Love Park, municipal places that are not hallowed grounds. We stand, we respect our veterans, and we understand what they are going through. I don't support anyone that has damaged their property, and I hope them the best of luck in the future and I wish I can support them in any way. We are good people, and all we want to do is be treated as good citizens of this city. And I don't believe that jail time is necessary in most of these cases, and I don't believe that the fine is an obtainable fine for most children or families in the City of Philadelphia. It's hard to look at me here standing in front of you as an adult male talking about this, but this is a culture of 60 percent youth under the age of 18, and they cannot speak here. But I hope that my child has respect for veterans, the respect for their city, but also lives in a city where they can do freely and enjoy the City as their own. And I believe that skateboarding has done that for me and I hope it does that for them. Thank you for your time.

Thank you for your testimony. (Applause.)

Sarah McEneaney, commenting on 120920. (Witness approached podium.) MS. McENEANEY: Good morning. My name is Sarah McEneaney and I'm the President of Callowhill Neighborhood Association. I'm here to urge all Councilmembers to vote against Bill No. 120920. No civics or neighborhood associations or CDCs in the vicinity of this proposed nine to ten thousand square foot digital billboard supports this bill. Callowhill, Chinatown, Old City, Northern Liberties, Society Hill, Wash West, we all oppose this ordinance. We are all Councilman Squilla's constituents and disappointed that this bill has gone through Council so quickly. Even Deputy Mayor Alan Greenberger testified against this bill, saying this kind of zoning should not be happening on a case-by-case basis and that the new Zoning Code for non-accessory signage is currently being rewritten and we should wait for that. So I respectfully please ask all of you to vote against this bill. Thank you.

Thank you for your testimony.

Roseanne Loesch, commenting on 120920. (Witness approached podium.)

Good afternoon.

Good afternoon.

My name is Roseanne Loesch and I'm a resident of Society Hill and a past President of the Society Hill Civic Association, commenting on 120920, the billboard district created in the Callowhill area. There's not enough time to lay out the substantive flaws of this bill, but I would like to talk about process, and I'll make it very short. There are two things that truly puzzle me about how this bill has come before Council. First, Council's complete disregard of the multi-year Zoning Code reform process, which was supposed to eliminate councilmanic privilege and to allow zoning decisions to be made on the basis of well-thought-out and written code which would determine if and where billboards can be erected. Why is Council prepared to completely disregard the planning process that this city and its citizens engaged in over many long months and years? This bill should not even be before Council. Second, I am astonished that Councilman Squilla is prepared to ignore the widespread community opposition in his own district to this bill. Of the six communities directly adjacent to the billboard district, not one has accepted Mr. Hornstein's offer of money in exchange for testimony before Council in support of the bill. And, yes, Councilman Kenney, Mr. Hornstein's offer of $20,000 to $30,000 if a community group would commit to testify before Council in favor of the bill does fit Merriam Webster's definition of a bribe. I say this in response to Mr. Kenney's indignation at the use of the word "bribe" when this bill came before the Rules Committee. Further, it is the height of cynicism for a pseudo community group to have been created to support this bill. For the record, the group was created yesterday, and unfortunately Councilman Squilla had a personal hand in it. Last night he wrote in an e-mail, We changed the name to Center City North Improvement Coalition. He changed it at the request of Callowhill's longtime civic association that objected to the original name, which included the words "Callowhill" and "community," thus confusing it with the real community group. I wonder why does Councilman Squilla need to assist the owner of the Electric Factory, New York developer Myron Berman, for whose benefit the billboard district was created. In conclusion, this bill is a bad bill. It is opposed by the City of Philadelphia Planning Commission, by the Independence National Historic Park, by PennDOT, and by six community groups immediately surrounding the district. Spreading a few dollars around to three parents associations desperate for money does not turn a constituency of one, the owner of the Electric Factory, into a broader constituency. I urge Council to vote against this bill, which was vetoed by the Mayor just one year ago. Thank you.

Thank you for your testimony. (Applause.)

Mr. President?

The Chair recognizes Councilman Kenney.

Thank you, Mr. President. I'm not offended by the testimony again for the second time accusing people of taking bribes, because I've not been accused of taking one, but I would suggest that the parents from the home and school association of these schools look seriously into Ms. Loesch's accusations, and I hope that Ms. Loesch has her homeowner's liability insurance up to date. Thank you.

Thank you, Councilman.

C'Anne Anderson, commenting on 120920.

I'm sorry. Hold on one second. The Chair recognizes Councilman Squilla.

Thank you, Mr. President. I just want to state two things that were incorrect about the previous testimony. One was that the name was not changed as a request of the Callowhill Neighbors Association. It was changed by the people who signed on to the Community Benefits Agreement. The partnership with the developer and the community decided that that's the name that they wanted. And also the people who signed on to the agreement signed on because they thought they could partner with the community to make it better for that community, the schools in that area, and also grow the neighborhoods around the sign by having the catchment areas have better schools. That was the reason. Thank you.

Thank you, Councilman. Please proceed.

My name is C'Anne Anderson. I live at 1312 Nectarine in the Callowhill neighborhood. Councilman Squilla, I think you should be ashamed to present legislation like this without ever having talked to your neighborhoods. We were not spoken to about this. More and more there are studies that are showing that people's bodies do not get rest when they are under subjected -- subjected to bright lights. It's not good for people. This is an issue of corporate cash versus the public's quality of life, and a few pennies thrown at three schools is a really cheap shot, and all it does is cover up what's really going on here. Most of the Philadelphians who are affected by this will not be here to talk to you this morning, and the reason they won't be here is, they are at work trying to support their families. We who live in Philadelphia elected you in this room to watch our backs, and we have legislation out there that says you do not put these kinds of signs in these areas where there are so many Philadelphians. We elected you to watch our backs, and I sincerely hope that you will back the legislation and the zoning codes that are there and help to improve the life in this city instead of bowing to corporate offers like this. Thank you for your time.

Thank you for your testimony. (Applause.)

The Chair recognizes Councilman Squilla.

Also too, each community group was spoken to surrounding the sign. Every community group has known about this. And if they didn't give you the information, I would go back to your community group leaders, speak to them and find out why they did not tell you about this.

I'm on the Board.

Well, then speak to the people -- the person right next to you.

Society Hill --

Excuse me, ma'am. Ma'am. Ma'am.

I have spoken to you, Roseanne, and also told you that if you were willing to join in on the conversation, we'd be more than happy to have a conversation with you. So just unfortunately people want their own opinions. We received over three or four hundred e-mails in support of this from the community people that we could show. So to come up here and state that the community is not in favor of this is an out-and-out lie. So, I mean, you could -- this is your free will. We can give you a copy of all the e-mails that we have received in support of this and you could go back to your communities, and I think the majority of the community is in very much favor of this. Thank you.

Thank you, Councilman.

The next three speakers on 120920, Lorna Katz-Lawson, Jeff Hornstein, Jenni Desnouee. (Witness approached podium.)

Lorna Katz-Lawson, Society Hill Civic Association. I'm the Zoning and Historic Preservation Chair, and I would just like to start by saying that Councilman Squilla's office has been religiously making us aware of anything that would affect our community in terms of development and we did not get -- I did not get any notification about this until reading through the Rules Committee reviews. I've previously testified for Society Hill Civic on behalf of the visual impact that these signs will have. Our neighborhood has spent an incredible amount of energy, people's own time and money to keep our neighborhood as attractive and true to the historic profile that it presents, and it is a major attractor of people to the region of all cultures, all countries, and this will be a background to the neighborhood. You will see it from the public parks. It also has a direct impact on high-rise condominium owners. Anyone with a north faced window will have this flashing in their living rooms, in their bedrooms six seconds change on the digital sign. It's an inappropriate background for the neighborhood and for visitor experience, because it's so distracting. We hope that you -- and the other aspect to this is, we feel it's a real breach of trust with the community, because -- I'm talking about the Greater Philadelphia community, because this process can be used any place and every place in Philadelphia and it basically usurps more than two years of working side by side with many members in this Chamber and the Zoning Code Commission to avoid having this kind of an ad hoc grab, let's say. Thank you.

Thank you for your testimony. (Applause.) (Witness approached podium.)

Good afternoon, members of City Council. I'm Jeff Hornstein. I'm speaking on behalf of the Center City North Improvement Coalition. As Councilman Squilla noted, it was a name created by the groups that signed the Community Benefits Agreement, which I helped negotiate. I'm not going to address some of the scurrilous accusations about bribery and such. That's kind of silly, in my view, but I would like to bring up how many people have said that half a million dollar a year commitment to three neighborhood schools and a CDC is somehow a few pennies, a paltry sum. Those are sums that have been used in the past by a few folks from particular neighborhoods to sort of denigrate this proposal. If they think these are a few pennies, they should be writing the check to those three schools, and I'd welcome that, annually, as Mr. Berman has committed to do. Also, I would also say Wash West Civic Association has not come out in opposition to this. They've taken no position, as has Northern Liberties. So just to set the record straight on those two things. This parcel at 421 North 7th Street has been zoned commercial/industrial forever. I believe Thomas Edison actually had a workshop in this building. The sign that is being proposed will generate substantial revenue, two and a half million dollars a year. There are very few, if any, residents who will be affected by this bill. We did not reach out to Society Hill Civic very particularly because Society Hill's northern boundary is two miles away from the sign. I mean, you have to cut your boundaries somewhere. I would really -it would amaze me if anybody could see this sign as any more than any other piece of visual detritus from their window on a high rise than any other well-lit building or sign in the City. In short, we believe this is a pretty innovative approach to raising much-needed revenue for our schools and communities without raising anyone's taxes. That's the key point here. And we should also note that this bill -this sign will contribute significantly to the General Fund revenue, about $700,000 a year in business taxes. So this is really, in my view, a public policy decision. We're weighing choices. Three struggling schools versus one billboard. I made the decision as somebody who lives in a pretty well-knit community that this was a good deal, that three struggling schools need the help more than one digital billboard might damage anybody's quality of life. We heard earlier -- I believe it was during earlier testimony -- that 80 percent of our schools have no libraries. This is the kind of money that can help fund them. So I urge you to vote yes on Bill 120920, and we thank you, Councilman Squilla and others, for supporting us on this. Thank you.

Thank you for your testimony. (Applause.) (Witness approached podium.)

Good afternoon, Council. My name is Jenni Desnouee. I'm Co-President of the Kearny Home and School Association, a non-profit organization composed of parents and community allies who support our neighborhood school at 6th and Fairmount. I want to say, first of all, I have a new-found respect for the difficult choices that you have to navigate every day, and I'm here to speak for 1,500 of your constituents, who are not taxpayers yet, but we're trying to get them there, the 1,500 students that this Community Benefits Agreement would serve. I also want to make a point -many references were made to the community organizations that oppose this. I want to say Kearny Elementary has been in very close communication with the Northern Liberties Neighborhood Association on this issue, and because of their own internal parliamentary reasons, they were not able to come out in support of it, but they have made very clear to me that they are not coming out in opposition to it, and they very much are hoping that this bill will pass and support our school, our neighborhood school. So I am here today to urge you to vote yes for Bill 120920. As I stated before the Rules Committee on December 4th, while our school is on the edge of the fast-growing Northern Liberties neighborhood, over 85 percent of our students are classified as economically disadvantaged. Many of them live in subsidized housing. While our resourceful principal, Eileen Spagnola, she's been at Kearny for 20 years and done an amazing job of running a quality school on a shoestring budget, but resources are dwindling. The budget gets tighter every year. Our teachers are some of the best in the City. We have a dynamic mix of committed veterans and energetic young teachers. We are currently the fourth most requested school in the District's voluntary transfer request program. However, the one thing that's stands between us and the top three is our resources. As I stated in my previous testimony, we don't have a single working computer in our computer lab or our small computer lab in our library. We're hoping to change that. So when the building's owner agreed to put 20 percent of net revenue into a Community Benefits Agreement that would support neighborhood schools in the immediate area, we thought fantastic. Finally, we might be able to match the excellence of our teaching staff with all the necessary resources to maintain the quality education offered at Kearny. Like our colleagues, we respect that some communities oppose billboards as a matter of principle, but with the challenges facing our schools, we must be practical. A dedicated revenue stream of this magnitude, not pennies, this is significant and this is a game-changer for our school. This must trump other considerations. Thus, on behalf of the Board of the Kearny Home and School Association, we urge you to vote yes on Bill 120920. Thank you.

Thank you for your testimony. (Applause.)

The next three speakers on 120920 are Sharri Horowitz, Jeffrey Saunders, Steve Masters. (Witness approached podium.)

Good afternoon. My name is Sharri Horowitz. I'm a Vice-President of the McCall Home and School Association. McCall Home and School is a non-profit organization composed of parents, teachers, and community allies who support our neighborhood school at 6th and 7th Streets and Delancey where I have two children. We have 640 students in our school, and I am speaking today on behalf of the approximately 1,300 students that comprise the three neighborhood schools. I am here today to urge you to vote yes on Bill 120920. As our President, Merle Becker, testified at the Rules Committee on December 4th, McCall School's catchment area is quite large. It stretches from South Street all the way north to Vine Street, from the River to Broad Street. We are the neighborhood school for Old City, Wash West, Society Hill, and Chinatown. We have two homeless shelters in our catchment. Fifty-five percent of our kids live in Chinatown. Fifty percent of our children are classified as economically disadvantaged. Our amazing principal, Carol Domb, has been at McCall for eight years and runs a quality school on a tiny budget that gets tighter every year. In the face of budget cuts, we have lost key programs. As parents in our catchment area contemplate whether on the one hand to send their kids to our tax-supported neighborhood school; on the other hand, to dig deep into their bank accounts for private school, our ability to afford quality programs and provide a productive school environment is a key factor in their decision. We've heard today that some people in Old City, Chinatown, Society Hill will not be happy with this billboard at 7th and Callowhill. Some people don't like billboards. But this particular site, facing the expressway and separated from residential neighborhoods by 200 yards of highway ramp, seems to us to be the lowest impact sign that we've seen. When Mr. Berman agreed to put 20 percent of his net revenues into a Community Benefits Agreement and propose giving the bulk of the funds to three neighborhood schools, including McCall, it did become difficult for us to put an abstract principle ahead of the needs of our students. With the challenges facing our school, which is on the verge of excellence, we must be practical. A dedicated revenue stream for our school must trump other considerations. Therefore, on behalf of McCall Home and School Association, I urge you to vote yes on Bill 120920. Thank you.

Thank you for your testimony. (Applause.) (Witness approached podium.)

Good afternoon, Councilmembers --

Good afternoon.

-- President Clarke. I am Jeffrey Saunders, Vice-President of the West Poplar Community Development Corporation. We are the RCO that takes care of an area contiguous to the proposed sign. The West Poplar CDC firmly supports the partnership made possible by Bill 120920. We're talking about a large digital sign on the side of a building facing highways. Just yesterday I again walked the immediate area and then off in different directions away from it. My conclusion remains because the bottom of the sign is at the fourth floor, it would rarely be seen at sidewalk level and minimally seen from outlying areas. The only consistent high visibility of the light sign is at the confluence of the highways rushing past it, exactly the intent. But there is something else. Four inches. In the middle of Franklin Square Park, I held up this tape rule and looked at the closest residential high rise to the lighted sign. It was the Metro Club Condominium, a big curving building of tan glass one block away. It is ten stories, but on my ruler, held at arm's length, the building measured about seven and three-quarter inches high. Now, the light sign will be more than two blocks away. From there, the tan condo building would appear to be four inches high. And the reverse is also true. Without descending it to a geometry class here, this means that looking out of a condominium window, the light sign would also appear to be about four inches high. Councilmembers, let's put this into perspective. You look out a high-rise window and you see many things, among them a light sign that appears, in perspective, smaller than an iPhone, just another element on the skyline. As I previously testified to the subcommittee, we respect that some organizations oppose billboards out of principle. Indeed in a different location, I and my CDC might oppose it. That is why we strongly urge the Council to only consider billboards on a case-by-case basis. You see, the precedent here is not the billboard. The real precedent is the special characteristics of this location, which are very tough to meet elsewhere, paired with the strong benefits agreement. The strong special characteristics precedent of such billboards is the real precedent that you hereby set with passage of 120920. Finally, at the Spring Garden School, 90 percent of our children are economically disadvantaged. The West Poplar CDC is not asking you to write another big check for our schools out of your strained budget. We ask only for a few drops of ink to sign Bill 120920 into law so someone else can write a fat check for our schools. Thank you.

Thank you. (Applause.) (Witness approached podium.)

Good afternoon, members of Council. Steve Masters. I'm the legislative attorney for Scenic Philadelphia. Mr. President, I have a letter that I was hoping to get distributed to the members of Council, but it may not be the correct protocol during this time, so I'm not sure.

That's a public hearing. We'll make sure the members get a copy.

Great. So I'm here to talk about what this bill is really about in terms of money. The Community Benefit Agreement that we've heard about is very positive, and as a City Council attorney, I helped negotiate many Community Benefits Agreements. But the Community Benefits Agreement isn't the whole story here. We're calling this bill Philadelphia's version of the fiscal cliff. Why are we saying that? Because PennDOT's general counsel has sent you a letter saying that if we pass this bill, then they will have to cut 10 percent of all the highway money for the State of Pennsylvania, and they're not going to share the pain on that. They're going to put the entire cut onto the City of Philadelphia's budget. Last year when Council considered this bill, that amount of budget cut was valued at something like $10 million over three years. Now, Joe Beller, who is the attorney for the sign owner, has told you don't worry, no problems, City Council can do this. Here's the problem: His memo to you was missing a very important point. Ninety-five percent of what he said was right. He just forgot to tell you about a code of federal regulation that says that, yes, cities can, through their zoning legislation, change what is appropriate for the Federal Highway law, but only when you do it comprehensively, when you do it across the board, like we're actually going to be doing next month. Scenic Philadelphia, the billboard industry, and Council staff are going to be sitting down with the Administration and working on the comprehensive bill for the billboard part of the sign code. We can do that. We have the power to do that. But the regulation says when you have a bill that only addresses one billboard, then that doesn't quality for the exception, and that's why the general counsel of PennDOT has said passing this bill will trigger this catastrophe for the City. So there's a way out of this. You can decide to hold off on voting for this bill today and wait just one month until we consider the community groups and Council and the Administration consider the comprehensive bill on billboards and address this issue as part of a comprehensive bill. What's the rush? There really is no rush that I can see positively that can't wait. This billboard has gone up and down the courts for many years, but if we pass this, we face the catastrophic fiscal cliff.

Louise Carpino, commenting on 120905. (Witness approached podium.)

Good morning, Council, President Clarke. My name is Louise Carpino and I represent AFSCME Local 810, professional employees in the First Judicial District. We have approximately 550 members, comprised mainly of juvenile and adult probation officers, domestic relations hearing officers, and pretrial court officers. Local 810 received an interest arbitration award in July 2012 after four years of hearings. The City has implemented part of the award and has not appealed this interest arbitration award. However, the City has refused to implement the entire award; most specifically, the raise for maxed out veteran probation officers, taking the position that it is the Court's responsibility to pay for that raise out of their existing budget. The Court's have told Local 810 that they want us to get our raise, but they can't afford it unless the City gives them the extra money in their budget. I addressed this issue before the Appropriations Committee on 11/29/12, resulting in the Court Administrator saying that the Courts want us to have the raise, but have no money and the City saying it was a legal issue. Clarification of the City's legal issue was later given to Councilman Goode. The City Solicitor states therein that the Courts have enough money to pay the award. She also presents the same specious legal arguments that were made throughout the interest arbitration proceedings, resulting in an award that the City has not appealed. This cat and mouse game between the City and the Court again provides further justification for the City to continue to splurge the taxpayers' money on wealthy law firms while obstructing rehabilitation of offenders and comprising public safety in our neighborhood -- compromising, sorry, public safety in our neighborhoods. Local 810 members supervise over 60,000 offenders living in the City of Philadelphia and save the City millions of dollars in incarceration costs each year. On behalf of these members, I'm asking that the Legislative Oversight Committee of City Council hold hearings to determine the veracity of the budgetary representations of the City and the Courts concerning the implementation of Local 810's unappealed interest arbitration award. Thank you.

Thank you for your testimony.

Robert Taylor, commenting on 120913. (Witness approached podium.)

Good morning, President Clarke -

Good morning, sir.

-- members of Council, ladies and gentlemen. I'm Robert Taylor, citizen of South Philadelphia, President of the Transport Workers Union Local 700, and a member of the TWU PA State Council and also co-host on WPEB 88.1 FM, the Jasper Jones Show. I'm commenting today on Ordinance 120913, authorizing transfers in appropriations for Fiscal Year 2012 within the Water Fund. I don't oppose the bill itself, but I do oppose anything that may fund adding fluoride to our water supply. The Water Department must lower the amount of fluoride from its current one part per million, according to the Department of Health and Human Services. Quote, "HHS's proposed recommendation of 0.07 milligrams of fluoride per liter of water replaces the current recommended range of 0.07 to 1.2 milligrams. This updated recommendation is based on recent EPA and HHS scientific assessment to balance the benefits of preventing tooth decay while limiting any unwanted health effects," end quote. Yet, our Water Department has not lowered the fluoride in our water supply to meet even this dangerous standard. Harvard University scientist stated, quote, "Our results support the possibility of adverse effects of fluoride exposure on our children's neurodevelopment. The children in high fluoride areas have significant lower IQ's than those who lived in low fluoride areas." Please see the government's National Research Council report 2006, "Fluoride in Drinking Water: A Scientific Review of the EPA's Standard." This report can be found at www.nap.edu. Quote, "The panel's exposure analysis in Chapter 2 of the report indicates that certain subsets of the population consuming water fluoridated at 1 point per million were already exceeding the EPA's referenced dose of 0.06 milligrams kilogram day listed in the EPA's integrated risk system. These population subsets includes bottle-fed infants. Children under 6 should not drink water parenthetically, those with borderline iodine deficiencies, those with impaired kidney function, and those who drink excessive amounts of water, including outdoor laborers, athletes, military personnel, and diabetics. The case against fluoride," end quote. Of course, it would be better to lower the fluoride amount to zero. Again, no drug can be safely given to all people regardless of dosage, age, and medical backgrounds. Thank you.

Thank you very much. Thank you for your testimony.

Jihad Ali, commenting on 120889. (Witness approached podium.)

Good afternoon, Mr. President, other distinguished members of City Council. Mr. Chief Clerk, I'd also like to comment on 120534-A. During the prior testimony when the veterans spoke, I support the veterans. As a veteran, I'm a proud former Marine. Also my friend Tommy St. Hill is a proud former Marine. But one thing that's significant about Tommy St. Hill is that in his -- that you may not know, those of you who know Tommy -- is that in his house, he has on the wall a captured flag, and the flag is from a battle in Vietnam that's signed by all the other Marines that were in that unit, and there's blood on that flag, because they spilt flood in Vietnam. Tommy, all the other members that used to be in City Council, Councilman Lucien Blackwell, I think about Cecil B. Moore, I think about Hardy Williams, Sr., I find it hard to believe that they would all want skateboarders to go to jail for skateboarding. I support the Vietnam Memorial Fund, but one thing, Mr. President, I'd like to remind you of, there's more black young men died in Vietnam from Ben Franklin High School than any other high school in the nation.

I think that was Edison.

Edison, thank you.

My school.

Thank you. I knew it was your district. Thank you. But one thing about that is to remember -- because sometimes, you know, we forget about the diversity when it came to war, because that was during the draft. So in that regard, I support the memorial. I think that taking their skateboard, fines, double the fines, 2,000, I think that's all adequate, because they'll have a choice. But jail -- I speak as a former police officer. Jail is a rough sentence to give those guys. And when you look at these skateboarders when they go about their craft, they're in their own little world. Probably like the young guy said, they have no idea that they're damaging property. I think holding the parents accountable will do that. I'd like to move on to the other bill that I'm really here about, and that's 120889, and that was the bill about RCOs. And the problem that I had with that was, Councilwoman -- it almost got by me, and Councilwoman Blackwell was the one that she stood up to fight that. And I'd like to quote Thomas Jefferson. He said, one man, my words, or woman with courage is the majority. And when Councilwoman Blackwell stood up for all those groups out in West Philly and throughout the City that opposed that bill, she really took a fight on our behalf, because the problem was that the Planning Commission -- and not to take anything away from the professionals at the Planning Commission, like David Reddish and all them. They're all professionals. But when Eva Gladstein sent that e-mail out and said "to my friends," all the people that opposed that bill, like Tracy, all the other activists that opposed that, Eva Gladstein did that on the public dime. So she used the taxpayers' money to get her friends here to come to oppose the sitting Councilperson. But the people that were on the other side of that, they didn't have that. They didn't have the taxpayers' expense to send it out, and that was wrong. She said "to my friends." I don't look at any of y'all having friends, but citizens. She needs -- that was unethical, and she needs to be held accountable for that. And in closing, Mr. President, I'd like to thank you all. Mr. President, from your leadership, you've extended an opportunity for those who will fight for the disadvantaged to step up on the economic ladder. To all the Councilmen, especially Councilmen Kenney, Squilla, Henon, Greenlee, Green, and O'Brien and even Oh, I have stood up here and talked about rights of black men through most of the time I've been here, and you've all respected the right of me as an African American male to speak on behalf of African Americans, and you've all voted on all the issues that were concerning me. All the other Councilmen, my Councilman, Curtis Jones, Councilman Goode, I think y'all have had outstanding leadership from this Council. I thank you for your service. Thank you.

Thank you. Thank you, sir, for your testimony. (Applause.)

The final speaker, Tully Speaker, commenting on 120754. (Witness approached podium.)

Ladies and gentlemen, good morning, good afternoon, whatever it may be.

Good afternoon, sir.

It is afternoon, yes. I rather thought it was. The idea of putting illuminated signs on three sides of newsstands is clever. It will make people see the newsstands and perhaps read the advertising that will be there. But this seems to be something like trying to sell wallpaper, and the buggy whip salesman years and years ago eventually went out of business because there was not much need, not much desire to own buggy whips. The print industry, the newspaper industry is in much the same situation. And people who run newsstands sell newspapers, and their primary product is shrinking, and fewer people want to buy newspapers. Papers are shrinking in their physical size. They are printed fewer days a week. The number of pages in most daily newspapers has fallen and continues to fall. The people who sell newspapers at newsstands are very much in the position of buggy whip salesmen. They have a commodity that fewer and fewer people want to buy, that fewer and fewer people need. And so just as buggy whip salesmen might have recovered by selling wallpaper, the newsstand operators for whom this proposal is put forward will be attempting to sell the electronic equivalent of wallpaper, because they will be selling fewer and fewer newspapers. The idea is essentially ridiculous. Further, it will be a distraction. It will be a nuisance on our streets. I urge you to turn down this bill. Thank you. Good afternoon.

Thank you, Mr. Speaker.

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

Thank you very much, Mr. Decker.

Mr. President?

The Chair recognizes Councilman Jones.

This has got to be a year-end record on the amount of public commentary, but I didn't ever see as much reaction to any of the public commentary until they start talking about buggy whips from over there at the press row. Everybody started buzzing. And so I'm going to renew my subscription to all of the local papers just to make sure that doesn't happen.

Mr. Speaker is a longstanding friend of mine. He lives in my district, and we always have some very, very interesting conversations about a whole lot of different things. So I'm not surprised at that comment. Okay. We will now consider the bills and resolutions on the regular -I'm sorry; we got to do Consent. We will now consider today's Consent Agenda. I will ask Mr. Decker to read the titles of all the bills on the Consent Agenda. After each title is read, any member may inclusion of a bill on the Consent Agenda. Upon such objection and without debate, the bill will be immediately removed from the Consent Agenda and placed on our regular Final Passage Calendar. Mr. Decker, will you please read the titles of the bills on the Consent Agenda.

Bill No. , a corporation, as the Neighborhood Improvement District Management Association for the District"; and Bill No. 120875, 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 52nd Street, Master Street, Peach Street, and Media Street"; and Bill No. 120878, 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 Kensington Avenue, Torresdale Avenue, Hunting Park Avenue, Jasper Street and Pike Street"; and Bill No. 120879, entitled "An ordinance amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Reed Street, Christopher Columbus Boulevard, the former Washington Avenue centerline, and the Delaware River"; and Bill No. 120897, entitled "An ordinance amending Title 14 of The Philadelphia Code and Title 4 of The Philadelphia Code, Subcode 'A,' by providing for review of applications subject to civic design review and for accelerated review"; and Bill No. 120890, entitled "An ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Authority for Industrial Development a parcel of land situate at 4900 Spruce Street"; and Bill No. 120894, entitled "An ordinance authorizing the Commissioner of Public Property to enter into a sublease agreement, with the Philadelphia Authority for Industrial Development, for use by the City of a portion of the premises located at 111 North 49th Street"; and 120895, entitled "An ordinance authorizing the Commissioner of Public Property to acquire fee simple title, or a lesser interest in real estate, in parcels of land along the Delaware River and the Kensington & Tacony Trail"; and Bill No. 120902, entitled "An ordinance authorizing the Commissioner of Public Property to convey, to the Philadelphia Authority for Industrial Development, a parcel of land located in the vicinity of the Southwest corner of the intersection of 2nd Street and Lippincott Street"; and Bill No. 120919, entitled "An ordinance authorizing the Commissioner of Public Property to convey, to the Philadelphia Authority for Industrial Development, a parcel of land located in the vicinity of the Northeast corner of the intersection of Sepviva Street and East Firth Street"; and Bill No. 120921, entitled "An Commissioner of Public Property, to convey to the Philadelphia Authority for Industrial Development, a parcel or parcels generally situate at 1236 and 1238 Crease Street"; and Bill No. 120345, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 149 by striking from the City Plan Towanda Street from Willow Grove Avenue to Springfield Avenue"; and Bill No. 120754, entitled "An ordinance amending Section 9-212 of The Philadelphia Code, entitled "Newsstands," by revising the requirements for advertising and permitting the placement of awnings on newsstands and permitting the sale of additional products from newsstands"; and Bill No. 120779, entitled "An ordinance establishing a one-way regulation on West Loudon Street, from North 5th Street to North 6th Street, westbound"; and Bill No. 120780, entitled "An ordinance establishing a no truck parking regulation on Kinsey Street, between Hedge Street and Paul Street, north side"; and Bill No. 120782, entitled "An ordinance establishing a one-way regulation on North Dewey Street, from Market Street to Arch Street, northbound"; and Bill No. 120798, entitled "An ordinance authorizing the plotting upon a portion of City Plan No.

275 of a right-of-way for water main purposes at the southwesterly end of Parker Avenue, southwest of Umbria Street"; and Bill No. 120799, entitled "An ordinance amending Chapter 12-2700 of The Philadelphia Code, entitled 'Permit Parking Districts,' by enumerating additional permit parking districts, and by increasing the requirements for designating a block as a residential or for removing such designation"; and Bill No. 120826, entitled "An ordinance authorizing Lucky 13 Pub to construct, own and maintain an open-area sidewalk cafe at 1820 South 13th Street"; and Bill No. 120891, entitled "An ordinance authorizing The Zoological Society of Philadelphia to construct, own and maintain various encroachments to be installed along Girard Avenue, between 34th Street and the eastbound I-76 ramp"; and Bill No. 120892, entitled "An ordinance authorizing William Cooper to construct, own and maintain various right-of-way encroachments at 6009 Chestnut Street"; and Bill No. 120893, entitled "An ordinance authorizing the University of Pennsylvania, Division of Facilities, to construct, own and maintain various right-of-way encroachments on Health Drive"; and Bill No. 120896, entitled "An ordinance establishing a no truck parking regulation on both sides of Hellerman Street, between Horrocks Street and Bustleton Avenue, both sides of Magee Avenue between Horrocks Street and Bustleton Avenue, Bustleton Avenue between Magee Avenue and Hellerman Street, west side, Horrocks Street between Levick Street and Hellerman Street, east side and Horrocks Street between Hellerman Street and Magee Avenue, east side"; and Bill No. 120898, entitled "An ordinance establishing a parking regulation on 12th Street, both sides, Grange Avenue to Nedro Avenue"; and Bill No. 120899, entitled "An ordinance establishing a parking regulation on Marvine Street, both sides, Chew Avenue to Grange Avenue"; and Bill No. 120900, entitled "An ordinance establishing a parking Street, both sides, Chew Avenue to Olney Avenue"; and Bill No. 120903, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 156 by striking from the City Plan Fourth Street from Allegheny Avenue to Lippincott Street, striking from the City Plan Lippincott Street from Fourth Street to its terminus westwardly therefrom"; and Bill No. 120918, entitled "An ordinance amending Chapter 11-300 of The Philadelphia Code, entitled 'Board of Surveyors,' by adding a new section to revise and codify the notice requirements for public hearings held by the Board of Surveyors on changes in the City Plan"; and Bill No. 120953, entitled "An ordinance authorizing the Haverford Business Association to construct, own and maintain various right-of-way encroachments on the 7500 block of Avenue"; and Bill No. 120954, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled 'Use of an Automated Red Light Enforcement System to Prevent Red Light Violations,' by conforming Sections 12-3006 ('Penalty'), 12-3007 ('Notification of Violation'), and 12-3012 ('Limitations') with the applicable enabling legislation"; and Bill No. 120719, entitled "An ordinance amending Section 9-605 of The Philadelphia Code, entitled 'Towing,' by eliminating the requirement that an illegally parked vehicle be ticketed prior to its towing from a private lot, private property, or driveway; and by requiring that the towing company photograph the violation for which such vehicle is being towed"; and Bill No. "

Thank you. Before we conclude our Consent Calendar, the Chair recognizes Councilman Squilla.

Thank you, President. I'd like to remove Bill No. 120918 from the Consent Calendar and placed -- to be held.

Thank you, Councilman. Is that the end of the Consent Agenda?

Yes.

Mr. President, point of order. What was the reason for that, the bill?

There was an advertising issue. So that's -- nothing controversial. Just simply a simple Charter requirement that

Thank you.

You're welcome. Thank you, Mr. Decker. These bills having been read on two different days, the question for each bill now is shall the bill pass finally. Mr. Decker will call the roll, and upon being called, each Councilmember shall vote aye on all bills or nay on all bills or indicate those bills for which the member is voting aye or nay. Mr. Decker, please call the roll.

Councilwoman Bass.

Aye on all bills.

Councilwoman Blackwell.

Aye on all bills.

Councilman Goode.

Aye on all bills.

Councilman Green.

Aye on all bills.

Councilman Greenlee.

Aye on all bills.

Councilman Henon.

Aye on all bills.

Councilman Johnson.

Aye on all bills.

Councilman Jones.

Aye on all bills.

Councilman Kenney.

Aye on all bills.

Councilman O'Brien.

Aye on all bills.

Councilman O'Neill.

Aye on all bills.

Councilman Oh.

Aye on all bills.

Councilwoman Quinones-Sanchez.

Aye on all bills.

Councilwoman Reynolds Brown.

Aye on all bills.

Councilman Squilla.

Aye on all bills.

Councilwoman 12/13/12 - STATED - 2ND READING Tasco.

Aye on all bills.

Council President Clarke.

Aye on all bills. The majority of all members having voted in the affirmative for each of the bills, the bills on the Consent Agenda are passed. We will now consider the bills and resolutions on the regular Second Reading and Final Passage Calendar. Mr. Decker, would you please read the title of Resolution No. 121005.

A resolution urging the Fire Department of Philadelphia to suspend its planned rotation of 293 senior firefighters en masse from all parts of the City, beginning next month. Further deliberation is critical to ensure the success of such a large and abrupt 12/13/12 - STATED - 2ND READING disruption to unit cohesion in fire stations, jeopardizing public safety.

The Chair recognizes Councilmember Kenney.

Thank you, Mr. President. I move the adoption of the resolution and hope they listen. Thank you. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it. Resolution 121005 is adopted. Mr. Decker, please read the title of 121007.

A resolution authorizing the Commissioner of Public Property to execute and deliver to the 12/13/12 - STATED - 2ND READING 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 Twenty-Fourth Ward of the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell for a motion.

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

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

Those opposed? (No response.)

The ayes have it. Resolution 121007 is adopted. 12/13/12 - STATED - 2ND READING Mr. Decker, please read the title of Resolution 121010.

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

Thank you. The Chair recognizes Councilmember Johnson.

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

It's been moved and properly seconded. All those in favor? (Aye.) 12/13/12 - STATED - 2ND READING

Those opposed? (No response.)

The ayes have it. Resolution 121010 has been adopted. Mr. Decker, please read the title of 121011.

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

Thank you. The Chair again recognizes Councilman Johnson.

Mr. President, I move for the adoption of 12/13/12 - STATED - 2ND READING the resolution. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it. Resolution 121011 has been adopted. Mr. Decker, 121014.

A resolution approving 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 number and street address as 2528 North Leithgow Street.

The Chair recognizes Councilwoman Sanchez.

Thank 12/13/12 - STATED - 2ND READING you, Mr. President. I move for the adoption. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it. Resolution 121014 has been adopted. Mr. Decker, 121015.

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 2023 East Susquehanna Avenue.

Thank you. 12/13/12 - STATED - 2ND READING Again, I recognize Councilwoman Sanchez.

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

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

Those opposed? (No response.)

The ayes have it. 121015 is adopted. Mr. Decker, 121020.

A resolution authorizing the Commissioner of Public Property to execute and deliver 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, 12/13/12 - STATED - 2ND READING situate in the Thirty-Eighth Ward of the City of Philadelphia.

The Chair recognizes Councilman Jones.

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

It has been moved and properly seconded. Those in favor? (Aye.)

Those opposed? (No response.)

The ayes have it. 121020 is adopted. Mr. Decker, 121021.

A resolution authorizing the Director of Commerce to file a proposal for funds with the Commonwealth of Pennsylvania Department of Community and Economic Development.

The Chair recognizes Councilman Jones. 12/13/12 - STATED - 2ND READING

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

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

Those opposed? (No response.)

The ayes have it. 121021 is adopted. Mr. Decker, 121022.

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Twelfth, Thirteenth and Forty-Ninth Wards of the City of 12/13/12 - STATED - 2ND READING Philadelphia.

The Chair recognizes Councilwoman Bass.

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

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

Those opposed? (No response.)

The ayes have it. 121022 is adopted. Mr. Decker, please read the title of 120862.

A resolution confirming the reappointment of Judge Phyllis Beck as a member of the Board of Ethics, to serve in the term ending November 16, 2017.

12/13/12 - STATED - 2ND READING Councilman Jones.

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

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

Those opposed? (No response.)

The ayes have it. Resolution 120862 is adopted. Mr. Decker, 120980.

A resolution confirming the appointment of Brian J. McCormick as a member of the Board of Ethics, to serve in the term ending November 16, 2016.

The Chair again recognizes Councilmember Jones.

12/13/12 - STATED - 2ND READING Mr. President, I move for its adoption. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it. Resolution 120980 is adopted. Mr. Decker, please read the title of 120534-A.

An ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," to prohibit certain activities that damage, deface, or risk damage to, public artwork or memorials, and to provide for penalties for violations of such prohibitions.