COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 21, 2012 10:50 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES KENNEY COUNCILMAN DENNIS O'BRIEN COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
Good morning, everyone. (Good morning.)
The hour has come. It appears we have established a quorum. Council will come to order. I will ask all guests and visitors to please retire behind the rail. This morning to give our invocation, the Chair recognizes the Bishop James Darrell Robinson of Yesha Ministry. He is here today as the guest of Councilman Johnson. I would ask all members and guests to please stand. (Members and guests rise.)
Let every heart pray. Let us bow our heads. Eternal God and Father, we thank you for this great opportunity, for this great gathering. Lord, we come not just out of tradition or form or fashion, but we come, God, because we really need your wisdom, God, in this city. We're faced with so many issues. Father God, we realize that only you can help us through this difficult time. Lord, our children are in trouble. Our schools are in trouble. Our educational system is in trouble. Lord, we need your help. We need your wisdom. We need you to guide the City Council and help them, God, to make wise decisions. Lord, you said if any man lacked wisdom, they should ask you. Lord, today we're asking you that we might make the right decisions, God, concerning our youth, concerning our children, concerning our education. And, God, all the issues that are raised on the platform, Lord God, we implore your presence. Lord, we thank you, because you're still on the throne. And, Lord, you said that if my people which are would humble themselves and pray and seek your face, Lord, we're seeking your face because the City needs your help. In fact, God, the country needs your help. Lord God, we're praying, God, that you will help us to conquer even that spear of separatism that comes, Lord God, with party lines and that we would look at the issues that make sense and that we would vote the right vote and that we would have a conscience behind what we do. Lord, our children really need your help. And, Father God, we stand here, God, before this people and before this Council and we ask, God, that you would come in the room and, Father, if there's any foolishness, Lord God, you deal with it. In Jesus' name we pray. Amen. (Amen.) (Applause.)
Bishop, thank you so much for those inspiring words. Council will be at ease. (Council at ease.)
Again, thank you, Bishop. The next order of business is the approval of the Journal of the meeting of Thursday, June 14th, 2012. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, June 14th, 2012 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, June 14th stand approved. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is request for leaves of absence. The Chair recognizes Councilman Jones.
Thank you, Mr. President. On behalf of the majority, there are no requests for leaves of absence today.
Thank you, Councilman. The Chair now recognizes Councilman O'Neill.
Mr. President, on behalf of the republicans, there are no requests for leave of absence.
Thank you, Councilman. time, I would like to dispense with the regular order of business to welcome everyone here today. We'll try not to keep you here too long, but do not hold me to that. This is your government in action, and we feel real good about the fact that you've taken time out of your day to come down and look at us and watch us as we do the business of the government. It's truly a blessing to have this opportunity to do this for the citizens of the City of Philadelphia. We hope you find this a treasured experience and you do come back again, maybe next week, maybe sometime in the fall, but we really look forward to you coming back. The Chair at this time would now like to recognize Councilwoman Blackwell for the purpose of welcoming a special guest joining us in Chambers this morning. Councilwoman Blackwell.
Thank you, Mr. President. Today certainly the Chairman of the Mayor's Commission on African and Caribbean Immigrant Affairs and Honorary Consul to Guinea, the Honorable Stan Straughter, is with our special guest, and we are hosting him today. And we are happy to recognize Dr. Kingsley Chiedu Moghalu, Deputy Governor, Central Bank of Nigeria. He's from an economic development and banking sector in Nigeria. Dr. Kingsley Chiedu Moghalu is Deputy Governor of the Central Bank of Nigeria in charge of the Financial System Stability, FSS, Directorate. He is responsible for the implementation of far-reaching reforms to enhance the quality and stability of banks and other financial institutions. He supervises the departments of the Central Bank of Nigeria, Financial Policy and Regulation Department, Banking Supervision Department, other financial institutions' supervision department and the Development Financial Department. He of the President of the federal -- he's also a member of the President of the Federal Republic of Nigeria's Economic Management Team. Thank you, Mr. President.
Thank you. At this time, the Chair recognizes Councilman Johnson, who will present a citation honoring Jessie Frisby-Hyden. Would Ms. Frisby-Hyden and those accompanying her please join the Councilman at the podium. And I see we have Councilman Oh, Councilwoman Bass, Councilman Squilla, Councilman Henon and Councilman O'Brien, also known as the Serious Six.
That's much better. It's always good to start off your day with a smile and enthusiastic response. Today I am honored and privileged to present a citation of recognition to Ms. Jessie Frisby-Hyden. I've known Ms. Jessie over the past several years in my life in public service and in my former life as a community activist, first and foremost, for her passion and commitment to improving the quality of life in South Philadelphia; more specifically, along the South Street West business corridor. And so I am privileged this morning to present this citation to you, and I'd like to thank all of my colleagues for joining me. And the citation reads -- the resolution reads: The Council of the pleased and proud to honor and recognize Jessie Frisby-Hyden for her many years of dedicated service to the Southwest Business Association, her church and her community.
Whereas, Jessie Frisby-Hyden loved the fashion world and spent her early years as a fashion model. In March 1969, she combined her business sense and her fashion know-how and opened her South Street Boutique. This was a major accomplishment, a first at a time for a woman and for an African American entrepreneur on the exclusive South Street; and
Whereas, Jessie has served as President of South Street West Business Association for the past 11 years. In this capacity, she was instrumental in recognizing the association and working towards the revitalizing and beautification of South Street West business corridor. Jessie of the South Street Neighborhood Association and is an active member of the National Political Congress of Black Women; and
Whereas, Jessie has been a guiding light and mentor to many youth and adults. Through a 20-year partnership with the Negro Trade Union, she mentored high school students who were interested in entrepreneurship and trained youth during the summer in association with the Union League Summer Employment Program. Jessie has been an inspiration to many women who have taken on the challenge of becoming self-employed; and
Whereas, Jessie is devoted to her church and community. She has been a member of Zion Baptist Church for 40 years. Jessie serves as Chairperson of the new member's ministry, a member of the music ministries where she serves as a vocalist with the R.J. Langston Chorus, and is a Carey Baptist Foreign Mission Convention where she serves as Chairperson for the 5:30 a.m. Morning Prayer Service; and
Whereas, Jessie has been recognized for her many accomplishments. She was awarded the Senator J. Roxanne Jones Entrepreneurship Award, the Madam C.J. Walker Woman of Excellence Award, the Meridian Bank Award for Entrepreneurship and the Senator Shirley Kitchen Award for Business Excellence. Most recently, Jessie was the recipient of the 2012 Coretta Scott King Memorial Award; and
Therefore, by virtue of this citation, the Council of the City of Philadelphia is pleased and proud to honor and recognize Jessie Frisby-Hyden for her many years of dedicated service to the South Street West Business Association, her church and community. We thank her for all of her hard work and contributions to our city. success and extend the sincere respect and admiration of this legislative body. And I want to officially present this citation to you and say congratulations. (Applause.)
It's a pleasure to be here. To God be the glory. I come here standing on the shoulders of my grandfather and my great-grandfather, who was a slave in this country. After being freed, my great-grandfather and my grandfather accumulated 265 acres of land at $3 per -- what is it -- $3 per acre. Thank you. I need all the help I can get. I'm nervous. into an entrepreneurship family. And today, thank God, I have three grandchildren, one daughter and nine great-grandchildren, which is here, and I think they will always remember what we have done as a family and that they will follow. Councilman Jones, I want to thank you for the way that you worked with us with South Street West Business Association in order to beautify the street. Now we have wonderful lights on the street, and people are coming, and there's just been a great change. I want you to remember that I will always remember what you did and how you worked with us, and I thank you. Thank you, Councilman Johnson, for having me here this morning. I wrote a few notes. I know I don't have much time, but I want you to know a little of my background. So I was born into the family entrepreneurship, and if I have anything to say to anyone who wanted to go in business, don't lose your dream. Don't let anybody change your mind. If you have a dream, pursue it. When I went in business in 1969, I was told that I would only be there for three months. Well, today is June the 21st, 2012 and I'm still there, and I thank God. (Applause.)
So don't lose your vision to anyone else. If it's your dream, pursue it. And I'll leave you with that. Thank you. (Applause.)
Thank you so much. Council will be at ease. (Council at ease.)
The Chair now recognizes Councilwoman Tasco, who will present a resolution honoring Ms. Torres and those accompanying her join the Councilwoman at the podium.
Good morning. I'm here with Ms. Torres and her colleagues from the Convention Center on the day we want to recognize her for doing some outstanding work to move our Convention Center forward as we look to increasing our numbers over there. She's doing a great job. And so this morning it gives me pleasure to present this resolution honoring Mary Ann Torres. Whereas, the Council of the City of Philadelphia is pleased and proud to honor Ms. Mary Ann Torres for being named the Convention Services Manager of the Year by the Event Service Professionals Association ("ESPA") and Successful Meeting Magazine; and Whereas for over 25 years, Ms. Torres has had a distinguished career in the region's hospitality industry having served as an event manager for the and show manager for the Atlantique City Antique and Collectible Show and, currently, she serves as event coordinator at the Philadelphia Convention Center Authority; and Whereas, on January 7th, 2012, Ms. Torres, a certified meeting planner, was awarded the Convention Services Manager of the Year Award during the ESPA Annual Conference at the U.S. Grant Hotel in San Diego, California; and Whereas, the ESPA (formerly known as the Association for Convention Operations Management) is the first and only association to serve convention services managers, and in September 2011, the organization changed its name to its current title to more accurately reflect the growth in this profession and the diversity of roles its members play in venues and cities throughout the U.S.; and Whereas, through this honor, high degree of expertise, hospitality and professionalism of the staff of the Pennsylvania Convention Center Authority as it strives to become the nation's premier convention venue; now, therefore, be it Resolved, by the Council of the City of Philadelphia, that we hereby recognize and congratulate Ms. Mary Ann Torres for being named the Convention Services Manager of the Year by the Event Service Professionals Association and Successful Meeting Magazine. Further resolved, that an engrossed copy of this resolution be presented to Ms. Mary Ann Torres as evidence of the sincere sentiments of this legislative body. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 2nd of February 2012. It's signed by President Clarke, introduced by Tasco, and supported by all members of City Council. We thank you for your service, your good work, and I know you're going to do a great, great job moving us forward over there. Thank you very much. (Applause.)
Thank you very much. I'm going to have a hard time following that speech that just went. So thank you, everyone. Thank you, City Council, for presenting this to me. I can't do my job alone. I work with a wonderful, wonderful supportive staff, many of who are behind me and up here. Without them I couldn't do what I do. So thank you, and thank you all for being here for me today. Thank you to my family. Couldn't make it today, but thank you very much. Thanks, everyone. (Applause.)
This is great. I didn't know I was going to get to speak, so hold on to your hats. No. We thank you so much. Our message here is that we understand the importance of this Convention Center for our city and state. We will continue to do the work that we do. And I'd like to leave you with what I believe is the most important thing we can say about that Convention Center. It is a house of commerce directed to jobs, jobs, jobs in this region. Thank you. (Applause.)
Thank you. At this time, the Chair Squilla, who will present a resolution recognizing the accomplishments of Sun Ping. Would Ms. Ping and those accompanying her please come up to the podium. And Councilman Squilla is joined by Councilman Kenney, Councilman Oh and Councilwoman Blackwell.
First I'd like to say, before we start the resolution, that Ms. Sun is a member of the National Committee of Chinese People Political Conservative Conference and she currently serves on the Foreign Affairs Committee. Members of the CPPCC are political consultants who supervise the democratic process and organize various constituencies to discuss and manage state affairs. This recognition is the accomplishments of Sun Ping, a performer in the Peking Opera Theatre of China. Whereas, Sun Ping was one of the first college graduates from the Operas in the early 1980s. Following graduation, she enrolled in the Peking Opera Theatre of China. Her impressive vocal power and stage presence led her to becoming the star actress in several of the troupe's most famous work; and
Whereas, Peking Opera is an art form taking roots in Chinese culture, and involves the elements of dance and acrobatics. Sun Ping introduced more action into her performances and impressed audiences with make-up and costumes containing a distinctly Chinese flavor;
Whereas, because of the very different cultural backgrounds, it was thought that it would be difficult to introduce this Chinese art form to western audiences. Sun Ping's first work, King Laszlo, was staged more than three hundred times in Europe. The initial success encouraged Sun Ping to move forward with a genuine this new form; and
Whereas, in August 1994, the show, Monkey King, was performed at the German Drama Festival and received awards and accolades. Former German Chancellor Helmut Kohl announced, quote, action drama as a new performance type and it was officially accepted across the European countries; and Whereas, following the achievements in Europe, Sun Ping continued promoting the Peking Opera in the United States. The American debut was in 2000, with the Washington National Symphony Orchestra; and
Whereas, Sun Ping feels a sense of obligation to pass her love for the Peking Opera Theatre of China, which she inherited from her predecessors, to the next generation. She tirelessly supports the opera, accepting speaking engagements world, including Yale University, University of Pennsylvania, and the success of the Peking Opera is due in large part to Sun Ping's efforts. Therefore, resolved by the Council of the City of Philadelphia, that we hereby recognize the accomplishments of Sun Ping and the success of the Peking Opera Theatre of China. Further resolved, that an engrossed copy of this resolution be presented to Sun Ping, further advancing the sincere sentiment of this legislative body. Thank you. (Applause.)
The Chair recognizes Ms. Ping for remarks. Excuse me. Folks, can we please keep the voices down. We're having difficulty hearing up here. Thank you. INTERPRETER: So Sun Ping would like to share remarks, and I'm going to fly. So bear with me. Good morning, everyone, to all the attending audience, all the Councilmembers and obviously the Council President. Good morning. I bear many titles. I was a Peking Opera singer. I'm also a presiding professor for university in Beijing, and now I am a member of the Council Lady of Political Conference, and I've been in service for the party for over ten years. I now serve on the Foreign Relations Committee. And you must be wondering how a Peking Opera singer and artist becomes a member of a party in the General Assembly in China, and the reason why, I have been working in Europe for over ten years and in United States for ten years. Through my past experience has been working, not politically related but fostering the relationships between the two countries. Philadelphia holds a dear place have -- first time I come to Philadelphia was 20 years ago and have been traveling back and forth, and Philadelphia was really dear -- one of the dearest city of United States to me. In 1999, I was honored to collaborate with the Student Orchestra of University of Pennsylvania to perform Peking Opera with the orchestra, and it was one and only time the collaborated effort of cultural exchange through the arts in Philadelphia. The performance was performed in Philadelphia as well as Washington, DC and Beijing, and the three performances, both the Presidents and the party leaders have attended and observed my performance and felt very honored to see a collaborative effort between the two countries. One of the reason why Philadelphia is so dear to me is that Philadelphia has for me -- my daughter received most of her education in Philadelphia, attending Mathacan (ph) School, and also when she graduated, she was honored to receive the President's Educational Award and as well as through her accomplishment in Philadelphia was able to graduate through Syracuse, one of the best communication school in the nation. Her last parting words, although the political makeup is rather different between the two countries; however, the two countries bear a lot in common through cultural, economic and as well as fostering a great future for more generations to come. Philadelphia has a great seaport, has a lot of the cultural history, as well as basically bearing the democracy -- birth place of United States democracy. China for the past 34 years has gone through a very similar reform. Although it's still under one party rule, there's still -- it bears a lot of similarities. And the collaborative effort between the two countries is what do in many of the years to come. And her last words, to wish Philadelphia to become one of the largest city in the states and for one day to be working with China to produce a better future in terms of cultural development, as well as bringing local economy to produce more jobs. Her role is to be the bridge between Philadelphia and China, hoping to introduce Philadelphia to China and as well as introducing to the rest of the world in one day. Thank you. So this has come as a surprise, but she would like to take a very brief moment, if Council President would allow her, to sing a short piece of Beijing Opera, just to show her gratitude of being here. Two sentences. Would you guys like that? (Applause.) (Ms. Ping singing.) (Applause.)
Thank you, everyone. Thank you to Councilman Greenlee, who also gave her a citation years ago. (Council at ease.)
Thank you. At this time, the Chair recognizes Councilman Henon, who will present a resolution honoring the Philadelphia Inquirer on winning the Pulitzer Prize for Public Service. Would Mr. Dylan Purcell and those accompanying him please join the Councilman at the podium. And we have joining the Councilman, Councilman Johnson, Councilman Oh and Councilman O'Neill. Folks, could I please ask you to lower your voices, please.
Good morning, everybody. Today we have the chance to honor the Philadelphia Inquirer on winning the Pulitzer Prize for Public Service. Whereas, the Philadelphia Inquirer published a seven-part series, titled "Assault on Learning," in March and April of 2011, which investigated the climate of pervasive violence in Philadelphia's public schools; and
Whereas, the series revealed that violence in City schools was widespread and underreported, with over 30,000 serious incidents over the last five school years, findings which were later corroborated by a Philadelphia School District panel on safety; and Whereas, the series spurred an overhaul of incident reporting in the District and prompted the hiring of a state funded safe schools advocate; and
Whereas, reporters John Sullivan, Sue Snyder, Graham, Dylan Purcell and Jeff Gammage spent a year examining the violence in public schools, conducting more than 300 interviews with teachers, administrators, students and their families, District officials, police officers, court officials and school violence experts; and Whereas, photographers David Swanson, Ron Tarver and Sharon Kimmel captured the faces of the victims of violence, both students and teachers, for the series; and
Whereas, Frank Wiese served as the series multimedia editor. Mike Leary and Rose Ciotta were the project editors and the copy editor was Thom Guarnieri. In print, the series was laid out by designer Sterling Chen with graphics by artist Mike Placentra; and Whereas, the reporting for the series was launched during the tenure of William K. Marimow and published under Stan Wischnowski; and Whereas, the award is the 19th Pulitzer Prize for the 183 year old newspaper and its first since 1997. This is the third Pulitzer for Public Service that the Inquirer has received; now therefore
Resolved, by the City Council of Philadelphia, that we hereby honor and commend the Philadelphia Inquirer on winning the Pulitzer Prize for Public Service. Resolved further, that an engrossed copy of this resolution be presented to the editors, reporters, photographers, designers and artists involved in this series, further evidencing the sincere appreciation and admiration of this legislative body. Congratulations. Great job. (Applause.)
Thank you. Good morning. I wanted to thank the Councilmembers, and I just want to mention that as you heard, it was a team effort to do a project like this, and it took us almost a year. And I'm one of the reporters that worked on the project. The reporter you probably know best among us is Kristen Graham, who is hiding out over here. She's -(Applause.)
She'll turn bright red now. But she covers the School District, and she's here working, something about the schools and the budget. I didn't follow the whole thing. I got the easy gig. And, you know, I just want to say that I can speak for our whole team. Our sincere hope is that this project will continue to impact the improvement of school safety throughout the City. Thank you. (Applause.)
Thank you. 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 No. 120420 and Bill No. 120524; and I am also transmitting letters reflecting a plan of development approval in connection with 230 through 50 North Christopher Columbus Boulevard and 431 South Broad Street and a revised plan of development approval in connection with 412 North Street; and advise you that on June 20, 2012, I signed all of the bills that were passed by Council at its session on June 7, 2012; and I am transmitting for the consideration of your honorable body an ordinance approving the fifth amendment of the redevelopment proposal for the American Street Industrial Corridor Urban Renewal Area, including the fifth amendment to the urban renewal plan and the third amendment to the relocation plan, which provides for the additional land acquisition of approximately 49 properties for residential, institutional, industrial and related uses, all under certain terms and conditions.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
Thank you, Mr. President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. On your behalf I offer one resolution.
Thank you. Mr. Decker, please read the resolution.
A non-privileged resolution approving the redevelopment contract and disposition supplement of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area, identified by house numbers and streets addresses as 1800 North 16th Street, 1804 through 08 North 16th Street, 1812 North 16th Street and 1820 North 16th Street.
That resolution will be placed on next week's Final Passage Calendar. The Chair recognizes Councilman Henon.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilwoman Tasco.
Thank you, Councilwoman. The Chair recognizes Councilman Johnson.
Mr. President, I have two resolutions, one privileged.
A privileged resolution authorizing the Committee on Transportation and Public Utilities to hold public hearings to investigate flooding and the City of Philadelphia's efforts to improve stormwater drainage in the Eastwick section of Philadelphia.
That resolution will be placed on today's Final Passage Calendar.
And a non-privileged resolution urging the Pennsylvania General Assembly to reject House Bill 2405 because it would halt state funding for important women's healthcare services.
That resolution will also be placed on today's Final Passage Calendar. The Chair recognizes Councilwoman Sanchez.
Thank you, Mr. President. I have two bills and one privileged resolution.
An ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by permitting sidewalk sales on a portion of Frankford Avenue.
That bill will be referred to the appropriate committee.
And an ordinance approving the fifth amendment of the redevelopment proposal for the American Street Industrial Corridor Urban Renewal Area.
And a non-privileged resolution calling on the U.S. Congress to redirect military spending to fund education, public and private sector family-sustaining job creation, special protections for military sector workers, environmental and infrastructure restoration, care for veterans and their families, and the human services that our cities and states so desperately need.
That resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilman Green.
A privileged resolution authorizing the Committee on Finance to hold hearings examining the current tax structure and cost of government in the City of Philadelphia and how to reform both to increase the City's regional and national economic competitiveness, stimulate job growth, and attract and retain residents.
That resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilman O'Brien.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilman Goode.
An ordinance amending Chapter 17-1500 of The Philadelphia Code, entitled "Annual Disparity Study and Participation Goals," by requiring certain additional information to be included in the Finance Director's required annual report.
That bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
I thank you, Mr. President. I offer two resolutions this morning, one privileged.
I might add that the non-privileged resolution, the one calling for hearings, is co-sponsored by my colleagues Sanchez, Jones and Tasco.
A privileged resolution honoring Joseph A. Feola upon his retirement and recognizing his dedication to the Pennsylvania Department of Environmental Protection, especially his accomplishments as Director for the Southeast Regional Office.
That resolution will be placed on today's Final Passage Calendar.
And a privileged resolution authorizing the Committee on Public Safety to hold hearings to review and examine the regulations surrounding All Terrain Vehicles and similar vehicles.
That resolution will also be placed on today's Final Passage Calendar. The Chair recognizes Councilman Jones.
Thank you, Mr. President. I have two bills and two privileged resolutions, one co-sponsored by Councilman Kenyatta Johnson and the other by Councilpersons Bass, Tasco and Blackwell.
An ordinance adopting an amendment to the Articles of Incorporation of the Manayunk Special Services District of Philadelphia to extend the term of that Authority.
And an ordinance approving a new plan, estimated costs and proposed method of assessment of the Manayunk Special Services District for and concerning business improvements and administrative services to the Manayunk business district of the City of Philadelphia.
And a privileged resolution honoring the outstanding efforts and achievements of the many founders and the supporters of Youth Courts who have integrated restorative justice methods, taught civic responsibility, and promoted community involvement; all to promote the goal of reduced recidivism and delinquency; as well as inspire our youth towards achievement, empowerment, and self-realization.
That resolution will be placed on today's Final Passage Calendar.
And a privileged resolution honoring the late historian Dr. Edward Robinson for his unbridled passion and dedication to the study of African Ancestry, his many lessons on culture, anthropology, and heritage, and his commitment to the Philadelphia community.
That resolution will be placed on today's Final Passage Calendar. The Chair recognizes Councilman O'Neill.
Thank you, Councilman. The Chair recognizes Councilman Squilla.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Bass.
Thank you, Mr. President. No bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Oh.
Thank you, Mr. President. I introduce one resolution, privileged.
A privileged resolution calling on Council's Committee on Education to hold hearings to determine the best, most efficient and effective form of governance and accountability for the Philadelphia School District.
Mr. President, if I may add that the bill -- or the resolution is co-introduced by co-sponsored by all members of City Council. Thank you.
Thank you, Councilman. That resolution will be placed on today's Final Passage Calendar. That concludes our introduction. The Chair now recognizes Councilman Green for a report from the Committee on Finance.
Thank you, Mr. President. The Committee on Finance reports two bills with a favorable recommendation.
Thank you. Mr. Decker, will you please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Finance, to which was referred Bill No. 120483, entitled "An ordinance removing certain ground bounded by West Thompson Street to the North, North 31st Street to the East, West Girard Avenue to the South, and certain railroad tracks and North 32nd Street to the West from the Philadelphia Keystone Opportunity Expansion Zone, subject to the request and consent of the owners of said properties"; and Bill No. 120562, entitled "An ordinance authorizing the Bond Committee to sell bonds at public or private negotiated sale, to provide funds toward various capital municipal purposes; providing for appropriations to the Sinking Fund Commission for the payment of such bonds; authorizing agreements to provide credit or payment or liquidity sources for the bonds in connection with the issuance of the bonds, and certain other actions; providing for obtaining the consent of the electors to increasing the indebtedness of the City; and fixing a day and providing for arrangements for obtaining such consent," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilman Green.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bills No. 120483 and 120562. (Duly seconded.)
It's moved and properly seconded that the rules of Council be suspended to permit first reading this day of Bills No. 120483 and 120562. All those in favor say aye. (Aye.)
The bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilman Greenlee for a report from the Committee on Law and Government.
Thank you, Mr. President. The Committee on Law and Government reports two bills and two resolutions with a favorable recommendation.
The Committee on Law and Government, to which was referred Bill No. 120108, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment of The Philadelphia Home Rule Charter relating be provided with the annual operating budget, annual capital budget, and capital program"; and Bill No. 120531, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment of The Philadelphia Home Rule Charter relating to a preference in civil service regulations for the grandchildren of firefighters or police officers who were killed or who died in the line of duty"; and Resolution No. 120119, entitled "A resolution proposing an amendment to the Philadelphia Home Rule Charter relating to information that must be provided with the annual operating budget, annual capital budget, and capital program"; and Resolution No. 120540, entitled "A resolution proposing an amendment to Charter to provide for a preference in civil service regulations for the grandchildren of firefighters or police officers who were killed or who died in the line of duty, and providing for the submission of the amendment to the electors of Philadelphia," respectfully reports it has considered the same and returns the attached bills and resolutions to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 120108 and 120531. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as this day of Bills No. 120108 and 120531. All those in favor say aye. (Aye.)
The ayes have it, and these bills will be placed on our First Reading Calendar today. Resolution No. 120119 and 120540 will be placed on the Final Passage Calendar for our next session of Council. The Chair now recognizes Councilman Johnson for a report from the Committee of Transportation and Public Utilities.
Thank you, Mr. President. The Committee on Transportation and Public Utilities reports one bill with a favorable recommendation.
The Committee on Transportation and Public Utilities, to which was referred Bill No. 120561, entitled "An ordinance authorizing the City of Philadelphia to enter into purchase obligations for the delivery of electric supply for use by facilities owned and leased by the City, including agreements that obligate payments for delivery of electric supply in Fiscal Year 2015," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilman Johnson.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 120561. (Duly seconded.)
Been moved and properly seconded that the rules of Council be suspended to permit first reading this day of Bill No. 120561. All those in favor? (Aye.)
The ayes have it, and this bill will be placed on our First Reading Calendar for today. We now will have special business. We will now proceed under a special order of business, a motion to add an additional meeting to the scheduled Council sessions for the year 2012. At this time, I'd like to recognize Councilman Jones.
Thank you, Mr. President. On your behalf, I wish to an additional meeting to the schedule of Council session for the year 2012 and, accordingly, I move that the Council meeting be on Thursday, June 28th, 2012 to conduct a regular Council session. (Duly seconded.)
Councilman Jones, I don't think that was in the script about being asked on my behalf. I think you added that.
Thank you. It's been moved and properly seconded that the Council meet on Thursday, June 28, 2012 to conduct a regular Council session. To be sure we have a clear majority of this motion, we will vote by a show of hands. Those in favor of the motion will indicate by a show of hands, and keep them raised until (Councilmembers raised their hands.)
I'm going to say everybody raised their hand, but I have to say, those opposed, raise your hand. I didn't see anything. The motion carries. The Council will meet on Thursday, June 28th, 2012 to conduct a regular session of Council. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with suspension of the rules have been deemed to have had a first reading. These bills will be placed on the Second Reading and Final Passage Calendar for the next Council session. As there are no additional bills on the First Reading Calendar, the Chair recognizes Councilman Jones for a motion concerning the resolutions on the Final Passage Calendar.
Thank you again, Mr. President. I move that the rules of Council be suspended to permit the use of a consent agenda to consider the following resolutions on Final Passage Calendar: Resolution No. 120594, 120595, 120596, 120597, 120598, 120599, 120600, 120601, 120602, 120603, 120604, 120606, 120608, 120190, 120191, 120503, 120504, 120505 and 120538. (Duly seconded.)
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 resolutions just read by Councilman Jones. All those in favor indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and we will consider the Resolutions Consent Agenda shortly. The Chair now recognizes Councilman Jones for a motion concerning the bills on the Second Reading and Final Passage Calendar.
Thank you, Mr. President. I move the rules of Council be suspended to permit the use of a consent agenda to consider the following bills on Second Reading and Final Passage Calendars: Nos. 120214-A, 120415, 120420, 120417, 120431, 120480, 120416, 120489, 120389, 120413, 120414, 120421, 120427, 120486, 120144, 120331, 120395, 120396, 120436, 120490, 120518, 120519, 120520, 120521, 120522, 120550, 120551, 120552, 120553, 120554, 120555, 120145, 120274, 120433, 120435, 120482 and 120328. (Duly seconded.)
It has been moved and properly seconded that 2ND READING 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 please indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and we will consider the Consent Agenda shortly. The Chair again recognizes Councilman Jones for the purpose of calling up bills and resolutions on the regular Second Reading and Final Passage Calendar.
Mr. President, thank you. And 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. 120284, 120428-A, 120173-A, 120175-A, 120340-AA, 120164, 120165, 120166, 120329, 120432, 120056 and 120278. All other bills are being held.
Thank you, Councilman. Before considering these resolutions and bills, we will consider public comment as follows. I will probably have to invoke a rule that I've only had to use once before. We take all of your concerns and your public comment extremely serious. Believe me, we do. Let me start out by telling you what the regulations are as established by this Council. We have a three-minute limit as it relates to your public comments. The three-minute limit will be noted on the podium. On the podium before you, you will see a device. That device when it turns green, it is your time to speak. When it turns yellow, it means that there are 30 seconds left on your public comment. When it turns red, it means your three minutes are up. Now, we believe that it's very important for people to have public comment, particularly on the work that we do on behalf of the citizens of the City of Philadelphia, but as a result of our ability to do that, we want to give everybody an opportunity to speak, which is why we impose a three-minute limit. But this being the second time, sometimes on particularly volatile issues -- and we understand that we have a significant -and today I do mean significant -- number of individuals who wish to speak about these very important measures. So under our rules, I happen to be the one who has been given this task, not necessarily very happy about it. In the event that those comments are continuous about the same subject matter, I have the right to basically cut those comments off on that same subject matter. Based on this list that I have here today where there are more than 60 people, the reality is if everybody here who wants to speak had three minutes, that would add a substantial amount of time to our already pretty burdensome Calendar. So during the course of this conversation, there will probably be a time when I will acknowledge the issue and we may have to cut the public comment, because we do want to be in a position to continue the business for the citizens. Believe me, we have heard all of your issues. We have had numerous hearings on all of the measures that we have before you today, but it is important for you to be able to talk about that today. So with that, Mr. Decker, I would ask for you to read the first name of individuals who wish to testify.
Harold Kupersmit, commenting on 120166. (Witness approached podium.)
Good morning, Mr. President. I appeared in front of this body about ten months ago recommending that you utilize your hidden asset, your real estate portfolio, to supplement the budget, and you did nothing. I'm back, and now the conditions are not improved. They won't improve. Now you have to lay people off. You're going to prioritize and sub out jobs to private industry, the race to the bottom. You have to utilize your assets so these people don't lose their jobs. I thank you. (Applause.)
Joan Duckensfield, commenting on 120601. (Witness approached podium.)
I'm here today representing not only Philadelphia Move on Council and Neighborhood Networks, but also as a concerned Philadelphian, a proud citizen of this city, where our Constitution was written and where our forefathers declared independence on tyranny. Today we're fighting a new form of tyranny, one where corporations are allowed to spend unlimited money to influence our elections and our elected officials. Our democracy is rapidly morphing into an oligarchy where we, the people, are subservant to the few, the privileged, the corporations. This cannot be allowed to continue. The idea that corporations are people is ludicrous. Real people, like people in this room, care about each other and work together to improve society and our communities. We may not always agree on what needs to be done or how to do it, but we do care. Corporations are bound by law to maximize shareholder profits, and though they do make contributions to society, it is often limited to what will grow the bottom line. One result of this is an inequitable regressive tax system with multiple loopholes where corporations pay less money while the real people pay more. The not-gone effect is less money for social services, like education, a real problem here in Philadelphia. Someone ends up paying, and in this case it is likely to be school employees and Philadelphia property owners, but the real victims are our children who are our future. So I'm here today to urge you to pass this resolution calling for a constitutional amendment which clarifies that corporations are not people, money is not free speech, and that our government must remain a democracy for the people, by the people and of the people, just as our founding fathers envisioned right here in Philadelphia. Thank you. (Applause.)
Robert Zuritsky, commenting on 120173-A. (Witness approached podium.)
Good morning. I'm President of Parkway Corporation, a company headquartered in Philadelphia for 83 years. During the terms of Mayor Rendell and Street, City Council understood that the City of Philadelphia was uncompetitive with other cities and with the surrounding suburbs because our business taxes were too high and that this has cost the City a large number of jobs over the last decade. In fact, over the last 40 years, 70,000 jobs have been lost in the City of Philadelphia. For almost a decade, this City Council did what was necessary to roll back some of the oppressive wage and business taxes that 75 years worth of prior Administrations had imposed on the City. With those two -- what those two Mayors and Council understood was that those taxes and the threat of continued tax increases were doing great harm to our jobs base. Though those annual tax reductions were very small, literally pennies for every $100 worth of taxes, they added up and sent a signal that changed the business decision-makers' opinions about locating in the City. The strategy had positive effects. Though our city still had the first or second highest tax burden in the nation, businesses stopped their waves of exodus, and we were actually able to coax some employers and many residents to relocate into Philadelphia. Since Mayor Nutter has been in office, the City and nation had been faced with crippling financial crisis in a recession. Philadelphia has held employment relatively steady because some growth in our education, medical and hospitality industries, but we have lost a steady flow of office and manufacturing jobs that were very significant because they were better-paying jobs. So even though we have a similar number of jobs, overall the City has lost ground because overall wages have not increased. Also something of significance is the City continues to be on the wrong side of mergers and acquisitions. Many deals have taken place over the last 20 years that have reduced or eliminated huge City employers, because the companies buying were generally the ones headquartered outside the City. Part of the reason that our home-based companies are the ones that are acquired is because of our tax environment. Businesses are at a disadvantage when competing nationally and globally because our taxes are too high. If the City takes all or most of the profits from a business, your business can't compete, grow or expand. I don't understand why the U&O tax is even being considered to increase. Originally it was proposed in response to a Councilman's theory that real estate taxes for businesses would have been lowered because of AVI. Now it is being proposed because businesses need to pay their fair share. First of all, businesses do pay their fair share. (Microphone cut off.)
Good afternoon, Council President, members of Council. We're actually delighted to be here. My name is Rob Wonderling and I am the President of the Philadelphia Chamber of Commerce. We very much appreciate the cooperation that we've had with individual Councilmembers on a whole host of issues, from land bank legislation to issues regarding diversity and inclusion to the Council President's proposals on municipal advertising and local development districts. We have built a strong and cooperative relationship on a range of issues, but I stand today in opposition to proposals that would increase the use and occupancy tax on commercial tenants throughout the City of Philadelphia. It is not sound public policy to fund for a greater good, which we all agree, safe and high-quality schools, to segment a very small subsection of small proprietors and professionals throughout this city. For it is those tenants that will ultimately foot the bill under the proposal that is currently before this Council, chiropractors, dentists, pizza shop owners, sub shop owners, mechanics, that do not have the economic wherewithal to have their own building. So make no bones about it. The proposed use and occupancy tax is a tax on small proprietors, small tenants throughout this city. Our Chamber of Commerce has been on record for several weeks that we do and are willing to pay our fair share to support public education, to support safe, high-quality schools for this city's children, and we already are on record to say we should do so through the property tax system. That's why we're not in opposition to the fact that two years of temporary property tax increases on the commercial sector are going to be memorialized as part of your budget proposal. We've agreed to that. We're supporting that. We understand that property taxes, for which we already pay 43 percent of the total in this city, is the right way to fund a modern, vibrant public education system. We stand committed in support of that effort but, again, in opposition to the use and occupancy tax. Thank you. (Applause.)
Al Taubenberger, commenting on 120173-A. (Witness approached podium.)
Thank you very much. My name is Al Taubenberger. I'm President of the Northeast Philadelphia Chamber of Commerce, a body of nearly 900 member partners, and please allow me to share with you some of our views on the current discussion regarding taxes in the City of Philadelphia budget. By way of background, it is important to note that the clear majority of our member partners are small businesses, many of which are individually owner operators. Although our membership is widely varied, retailers and branches are located along the neighborhood business corridors. In many cases, these busy avenues of commerce are the lifeblood of their communities. Along business corridors like Frankford Avenue, Castor Avenue, Cottman Avenue, Torresdale Avenue and like many other businesses who own the buildings in which they operate, an increase in the U&O taxes coupled with a hike in the real estate taxes is a double whammy. As you well know, it is hard enough for them to maintain a profit margin. For many of them this would be the death nil. Even if these businessowners lease the property, surely it will be passed on to them in higher rent payments. Any plan to fund the schools at the request of millions of dollars on the back of the U&O tax is extraordinarily shortsighted. Philadelphia should be seen as a city opening its doors to all businesses rather than unfairly targeting them to solve decades of fiscal mismanagement at the School District. I urge you to deal with this problem at the root, not superficially with quick tax increases. Please vote no on the U&O tax increase. It is a too frontal assault on small business. These small businesses provide jobs, and these jobs sustain and support the families of the City of Philadelphia. Thank you very much. (Audience members booing.)
Mike Harris, commenting on 120173-A. (Witness approached podium.)
Good morning, Mr. President and members of the City Council. My name is Michael Harris. I'm the Executive Director of the South Street Headhouse Business District. I appreciate the opportunity to briefly speak to you this morning regarding the proposed legislation to increase the use and occupancy tax. The South Street Headhouse Business District is a historically significant area of the City that contains an eclectic mix of nearly 500 businesses. We're an established tourist destination, attracting visitors from throughout the region and the country. We're also a neighborhood commercial district serving the needs of the surrounding communities in the City. The businesses in the district include restaurants, fabric and fashion stores, live entertainment, professional offices and a great variety of retailers and services. Although there are many different types of businesses in the district, there is one thing they have in common. The vast majority of them are small businesses. We're encouraged when we meet shop owners and entrepreneurs that are opening new businesses in the district. They're taking risks and making investments because they believe in their plans and believe in the City. But there are also struggling businesses who make decisions every day about the operations and staffing, and at the same time, there's an abundance of vacant storefronts and commercial spaces nearly numbering 70 in the district. These vacancies are opportunities for retail in the right business environment, but are not conducive to business and growth in the detrimental business environment. For these reasons, I come to you speaking in opposition to the proposed increase in the use and occupancy tax. An increase in the U&O tax is one more burden and obstacle to businesses in the South Street District, as well as businesses throughout all other business districts will have to contend with. It comes on top of other existing taxes they pay. Many businesses are still trying to recover from the economic downturn, and while the recovery may be occurring, this additional tax will be enough to serve as the tipping point for some, jeopardizing jobs and the existing contributions they currently make. This tax increase will not be an encouragement to other entrepreneurs who may be looking to open up new businesses or expand existing businesses. It will not assist us in our efforts to fill empty vacant storefronts in the streets of our business district. In short and finally, this proposed tax increase does not help us grow and strengthen the business environment of our district, which ultimately will have a negative impact on the City's economic condition and our surrounding residential neighborhoods. I thank you for your time, your service and listening to the concerns of our businesses.
Paul Garvey, commenting on 120173-A. (Witness approached podium.)
Council President Clarke, esteemed Councilmembers, ladies and gentlemen, my name is Paul Garvey. I'm the Senior Director with Cushman and Wakefield. Cushman and Wakefield is the largest privately held, full service commercial real estate brokerage company in the world. I'm a former President of the Commercial Realtors Alliance and a District Vice President for the Pennsylvania Association of Realtors. At Cushman and Wakefield, we represent landlords and tenants in Philadelphia and its surrounding counties. I can tell you our suburban landlord clients benefit every time the City raises taxes on businesses or on their employees. I can also tell you that our city's youth, the people who live in the City, the construction workers who work in the City, the shop and restaurant owners and their employers, and our city as a whole suffer when business taxes are raised. I'm here to speak against the proposal to raise the business use and occupancy tax in the City of Philadelphia for two primary reasons. Raising this tax will further erode our tax base of Philadelphia. Secondly, it will stifle job growth in the City. Companies benefit from moving from the City to the suburbs by saving significantly on taxes and costs of operations. These companies effectively give their non-City employees a significant pay raise by moving to the suburbs, as the employees no longer have to pay the City wage tax. The use and occupancy tax is a line item on the financial analysis and looked at by real estate decision-makers at the time they are considering and making these decisions. Increasing this tax sends a clear message to businesses in Philadelphia. Some as a result will relocate from the City when their leases expire. Companies relocating from the City negatively affect all the businesses around them, their revenues, profitability and their ability to hire. Not only does the U&O tax push companies to move, expand or relocate all or part of their operations out of the City, it is an impediment to bringing companies into the City. As I said before, this is a line item on the financial analysis that exists only on the City of Philadelphia alternatives. In working with the Science Center in West Philadelphia for over the past 15 years, I have struggled mightily to even get the project on the radar screen of companies looking at new facilities in the suburbs. Once we lose a company to the suburbs, we rarely get them back. Every year I personally work with one to two companies that move all or part of their companies out of the City. Taxes are at the top of their list of reasons to move. Any increase in the U&O tax sends a strong message to decision-makers. It will drive more companies out of the City, further limit our ability to bring good and growing companies into the City, and have a negative effect on the future tax base of the residents of the City. Thank you.
This is the way we're going to do it. On the limitations -- and I hate to use that term, but we do have to take some very important votes later on, and before we do that, we have to make sure that Council is adequately -- has the adequate information to make sure that we take the most prudent votes. The way the numbers run, the U&O bill has the second highest number. There is eight. So we're going to limit each subject matter to eight speakers. The bill that has the highest number is not going to run today. That is Bill No. 230, which is known as the Squilla bill. So we're going to be fair. We're going to let individuals speak. So we're going to limit the Squilla bill -(Audience member yelling.)
So we're going to limit it to eight. So we're going to proceed. U&O, we have the number, and then we're going to proceed through the rest to allow everybody else to speak on the various subject matters, but once we get to eight, we're going to limit that conversation. Trust me, we heard you. (Audience member yelling.)
Sir, can you please. (Audience members yelling.)
Sir, listen to me. Listen to me, please. Please. The bill, which is the School District bills, do not have more than 17 people. So they are under the 17 number in terms of the people to testify with respect to the School District bill. All right? So we're going to limit it to eight per subject matter for a bunch of folks, and we will be -(Audience members yelling.)
All right. Well, sir, sir, all due respect, we're not going to -(Audience member yelling.)
Let me tell you how this works here. Look -(Audience member yelling.)