COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 5, 2015 11:00 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN ED NEILSON 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, CHIEF CLERK
We have a quorum. I'd ask all guests and visitors to please take their seats behind the rail and we will get started. To give our invocation this morning, the Chair recognizes Reverend Gregory Holston of the New Vision United Methodist Church. He is here today as my guest. I'd ask all visitors and guests to please rise, and members. (Members and guests rise.)
Council Chairperson, thank you very much again for this invitation. I was one of the recent -- one of the organizers of the recent Martin Luther King Day of Action, Resistance, and Empowerment where over 7,000 to 10,000 Philadelphians came out to protest on Martin Luther King's birthday. com) of what happened in Ferguson last year. And when that decision came down to not indict the police officer, I was walking with young people that night, and many of them, of course, were dismayed, angry, upset, but as I began to talk to them, their disappointment was directed to people of my age, our generation. And they asked the question why hadn't this situation been solved already, why have not we've resolved the issues of police brutality and racial discrimination. And I had no answer to them, because that same frustration I felt, and that led us to the march that we had. And so I'm here to pray for you, this City Council, our leadership of our city, with those thoughts in mind of those young people. Let us bow our heads. com) city in this last year, living wage status for our contracted and uncontracted City workers, labor peace for hotel and some airport workers, paid sick leave already twice, looking for one more time. But still, God, you are present as they have taken on these great challenges. com) and citizens like me to make a difference in our city. We applaud you and thank God for you, but, God, help us be able to look critically at our Police Department. Our Police Department is haunted by its past and scarred by its present, a past that includes even amnesty international and human rights watch saying there are human rights violations here in this city; haunted by a past where our 39th Police District of corruption that occurred 20 years ago; haunted by a past that has our Commissioners, even our Police Commissioner from years ago, was the first one ever to be indicted by a major city; scarred by our continual challenge of our present, that our stops and frisks, that our young people are crying out, saying, Please end them, continue to rise in this city and 43 to 47 percent of them are unlawful, unconstitutional and 80 percent of them target our black and brown people. com) God, help us -- help the challenge that we face today to answer the question these young people continue to raise each and every day. Give us the courage, God, that this body will examine and hear their voices, hear their cry, hear their concerns, so when the cry comes out, Hands up, don't shoot, that we know is a cry for justice. But when a cry goes out and says, I can't breathe, we know it's a cry for justice, that we hear a cry saying that this stops now. It's a cry from our own young people, from our own children, from our own babies are crying out who are saying to this august body, Make a difference, make a change, make something happen. Let's take the responsibility on together. We thank you, God, and we praise you, God, for the courage that you're going to give and the greatness that is ahead for this city, a city that can be a city of opportunity for all. We thank you. com) name. Amen. )
Thank you, Reverend, for those inspiring words. Council will be at ease. (Council at ease.)
Thank you so much. The next order of business is the approval of the Journal of the meeting of Thursday, January 29, 2015. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, January 29th, 2015 be approved. (Duly seconded.)
It's been moved and properly seconded that the Journal of the meeting of Thursday, January 29th, 2015 be approved. favor? (Aye.)
The ayes have it, and the Journal is approved. Thank you very much. The next order of business is requests for leave of absence, and the Chair recognizes Councilman Jones.
Good morning, Mr. President. On behalf of the democrats, there are no requests for leaves of absence today.
The Chair thanks the gentleman. The Chair recognizes Councilman O'Neill.
Thank you, Mr. President. On behalf of the republicans, there are no requests for leave of absence.
The At this time, I would like to dispense with the regular order of business and I would like to welcome and thank everyone who has come down today to witness your government in action. We saw a little bit of it earlier in the Caucus Room, a spirited debate about some of the very important legislation. I think we came to a consensus, but that's what we do here, and you'll see a little bit more of it today. So I just want to thank you all for coming, and we hope that your stay here is so pleasurable that you come back again. Again, thank you. At this time, the Chair recognizes Councilwoman Brown, who will present a resolution honoring the African American Children's Book Project. Would Vanesse Lloyd-Sgambati and those accompanying her please join the Councilwoman at the podium. And joining Councilwoman Brown, we have Councilman Neilson, Councilwoman Bass, Councilwoman Tasco, Councilwoman Quinones-Sanchez, Councilman Jones, Councilman Goode, Councilman Greenlee, Councilwoman Blackwell. Pretty much everybody. (Councilmembers and guests approached podium.)
This experience is absolutely one of my favorite during the year because I love, love, love, love, love, love, love books, and this morning we are celebrating a woman who has made books a centerpiece for our children in the City. And the record should reflect that I will never own a Kindle because I like turning the pages of a book. Toni Morrison, America's first African American woman to win the Prize, said this about literature: If there is a book that you want to read but it hasn't been written yet, then you must write it. Toni Morrison. So it's a wonderful pleasure to once again bring before everyone Vanesse Lloyd-Sgambati as we seek to honor our city's African American Children's Book Project. Councilman Neilson.
And may I add what a wonderful book. I'm having my first granddaughter in about a month, so I can't wait to share it with her. Coming from five boys, having five boys, and then now blessed with a granddaughter, this is going to be wonderful. But on to the most important part of the day. Honoring the African American Children's Book Project on the occasion of the 23rd Annual African American that February 7th is the Kick-Off of the National Literacy Initiative - Preserve a Legacy, and Buy a Book; Whereas
Whereas, in 1926, noted historian Carter G. Woodson and the Association for the Study of Negro Life and History announced the second week of February to be "Negro History Week"; and
Whereas, the 2nd week in February was chosen because of the birthdays of President Abraham Lincoln and Frederick Douglass; and Whereas, during early American History, African Americans were not allowed to learn to read and have books. In some states the penalty for this infraction was death; and
Whereas, the importance of book fairs cannot be understated, and for twenty three years the African American Children's Book Fair our City utilizing the joy of reading as a tool; and Whereas, Vanesse Lloyd-Sgambati created the book fair because she believes books open up a world of opportunities for children, and after twenty three years, the African American Children's Book Fair is the oldest and largest single day event for children's books in the country; and
Whereas, one of the most important reasons to encourage reading in our children is that studies show that the more our youth read, the more likely they are to make positive life decisions as they grow older; and Whereas, strictly judging by attendance, the fair is a tremendous success as well over 3,500 people attended the fair in the past years; and
Whereas, rich or poor, no one leaves empty handed are priced at a level where they are more affordable and posters, bookmarkers and raffle books are distributed free of charge to attendees; and
Whereas, one of the esteemed attendees will be Sharon Dennis Wyeth. Ms. Wyeth has written more than 50 books and is the proud recipient of the Stephen Crane Literary Award, presented by the Newark Public Library and an Education Award from the National Council of Negro Women. Ms. Wyeth's books have been cited for excellence by: The Children's Book Council, Parents Magazine, The New York Public Library and the "Reading Rainbow" television show; and
Whereas, another esteemed attendee will be Christopher John Farley, Senior Editorial Director, Features, The Wall Street Journal. Mr. Farley is the author of "Game World", a children's fantasy Reviews calls "Exhilarating, thought-provoking and one of a kind." Mr. Farley is one of the authors of two novels for adults, "My Favorite War" and "Kingston by Starlight," and a number of non-fiction books including the national bestseller "Aaliyah: More than a Woman." Mr. Farley has won numerous awards for his work including honors from the National Association of Black Journalists and the Deadline Club of New York, and his biography "Before the Legend: The Rise of Bob Marley" was nominated for an NAACP Image Award; and
Whereas, two of the Literary Angels who have contributed to the success of the event are Community College of Philadelphia Vice President of Marketing and Government Relations, Lynette Brown-Sow, and Erica Harrison, Special Events and Community Relations Manager; and
Whereas, lucky to have terrific sponsors and partners such as NBC 10, PECO, Wells Fargo, I Heart Radio, Health Partners Foundation, Councilwoman Blondell Reynolds Brown, and Councilman Kenyatta Johnson, all of whom have been instrumental in keeping the literary flames ablaze for our children in the City of Philadelphia through tireless contributions to the African American Children's Book Fair. The financial contributions have enabled the book fair to give away thousands of brand new books of the guest authors and illustrators participating in the event. And for many children, it is the first time they will own a book; and
Whereas, the 23rd Annual African American Book Fair will be held free of charge on Saturday, February 7th from one to three p.m. at the gymnasium of Community of College of Philadelphia at 17th and Spring Garden Streets. year, incidentally. Now, therefore, be it resolved, by the Council of the City of Philadelphia, that we hereby honor the African American Children's Book Project on the occasion of the 23rd Annual African American Children's Book Fair and that February 7th is the Kick-Off of the National Literacy Initiative - Preserve a Legacy, Buy a Book.
Further resolved, that an engrossed copy of this resolution will be presented to representatives of the African American Children's Book Project, starred by and founded by Vanesse Lloyd-Sgambati, Sharon Dennis Wyeth, Christopher John Farley, Lynette Brown-Sow and Erica Harrison, for their enormous work and efforts in the promotion of children's literacy, as evidence of the sincere sentiments of this legislative body. This resolution was presented by myself and sponsored, underscored, in ink, with three exclamation points, by all the members of the Philadelphia City Council. Let's salute the African American Children's Book Project. (Applause.)
I might add parenthetically that those children and families start gathering at 9 o'clock a.m. for an effort that opens up at 1:00, and last year in the rain, they stood in line orderly and waited for their turn to get into the gymnasium at Community College of Philadelphia. It truly is -it just moves you to see so many children in our city who don't have the minimum books in their home and wait for hours for an opportunity to get a brand new book, autographed often by the author or illustrator right there at that experience. On Councilmembers' desks are actual gifts written by those that we are saluting this morning. Thank you, Council President.
And the Chair recognizes Ms. Sgambati for remarks.
Darrell, you be rolling with them S's every year. President Darrell Clarke, thank you so much. Members of Council, I'm overwhelmed this morning because I don't think I've had this many people from City Council in back of me when I've appeared here the first Saturday -- the Thursday before first Saturday in February. And a special thanks to Blondell Reynolds Brown, because she has always put her palm in the world of literacy in this community. And I'm going to miss you, Marian. I definitely will be eternally grateful for all the things that you've done for this city. Kenyatta, the first year he became a Councilperson, Kenyatta Johnson. If I'm sounding a little bit familiar with these people, because I feel like they're family. But I want to thank each and every one of you who are here this morning also because in some way, you make a contribution to the literary fiber of this community, because I see a lot of faces of people who have gone to the book fair. We are in a crisis in this country because our children don't have access to books, but we also are very, very fortunate that there are lots of African American children's books in the marketplace, and that's why I'm initiating a national campaign - Preserve a Legacy, Buy a Book. This morning I have two of the best and the brightest from the African American literary community, and they will host an additional -- they will hold 22 other nationally known illustrators and authors who are coming as far west as Sacramento, California and as far as south as Dallas, Texas. These are people who win awards. These are people who are writing the books that empower, enrich, and enlighten our children. This past Sunday there was an article in the Philadelphia Inquirer about the lack of libraries in our school. I grew up in Philadelphia. We didn't have a library. We didn't have a school library and we didn't have a community library. A book mobile came around once a week. Our parents had books in the home. It is time for parents to take that responsibility and bring books back into the home. I'm going to pass the mike first to Erica Harrison. Lynette Brown-Sow could not be here. Because I couldn't do this without Community College. They open their doors and they us, and I don't have to chase money to find a venue every year. That gives me money to give away brand new books to the children who attend the event. And then you'll hear from Sharon Dennis Wyeth and also Christopher John Farley. And thank you so very much. (Applause.)
Good morning. On behalf of the students, faculty, and administration of Community College of Philadelphia, I would like to thank the entire City Council for this resolution. The College, which is celebrating our 50th anniversary this year, is honored to host the African American Children's Book Fair, an important literary event year after year. Community College of Philadelphia students also have the opportunity to volunteer at the event. Our President, Donald Generals, loves to say that Community College of Philadelphia is a students. The college's participation at the African American Children's Book Fair continues that mission. I would also just like to thank my husband who is here today, my number one supporter, Todd Harrison, and my children, Todd and Skyler, who could not be here today. They're in school. But they're one of the reasons why I continue to put so much effort in this event year after year. It is important that my children, your children, all of our children not only understand and know how to read, but understand the fundamentals of reading. It is our job, not just the teachers' job, to make sure that they learn and excel at reading. The intellect of a community has a direct effect on us all. Thank you. (Applause.)
Good morning. I'm Sharon Dennis Wyeth. Councilmembers have their desks, and that's my book. I'd like to thank, first of all, Councilwoman Blondell Reynolds Brown for putting forth this resolution and all other Councilmembers and Vanesse Lloyd-Sgambati for introducing my work to her. And Vanesse also said that she wanted to make sure that she thanked Jannie Blackwell. My grandfather, Ellsworth Lewis, born in 1911, spent his early childhood in Philadelphia and attended public schools here, and he was one of the people who encouraged me to read, along with my father and my mother and my grandmother also. Books got me through a difficult childhood. My parents were divorced. There was domestic violence in the home. My mother was challenged to raise four children on her own. There was also racial strife in my neighborhood, numerous moves. But whatever the upheaval was in the family, I could always reach for a book for was at -- I was lucky. I had a public library, the Anacostia Public Library in Southeast Washington, DC. But I do recall that one time when I was in fifth grade, there was a book fair, the one and only book fair that I ever attended at my elementary school in southeast, Garfield Elementary. I was in fifth grade. It took place on a Saturday. I walked up to the school with a quarter burning in my pocket. I saved it from my allowance. And when I walked into the gymnasium, there were all these books, and I was thrilled. It took me a long time to make my purchase, but the book I bought had a pink cover and on the cover there was a girl who was kneeling next to a brick wall, and she had removed one of the bricks from the wall and was peering through the opening to see what was on the other side. I was so excited about that book, I couldn't wait to get home to read it. In fact, I began to read it as I was walking home. I was down the hill reading the book. If I had not been an independent reader, I would not have been a writer, simply because I could never have imagined it. Children need books, not just for facts, but to give them hope and to open their eyes to other worlds, books where they can see themselves reflected in a positive light, and that's what this book fair is all about. I'm proud to be here today. I'm proud to be a small part of this work, and I thank you so very much for this great honor. (Applause.)
Hi. I'm Christopher John Farley. I'm the author of Game World, and I want to thank the Council for having me here. I want to thank Councilwoman Blondell Reynolds Brown for helping to make this happen. I want to thank Vanesse also and the allowing me to be part of this and be part of this great honor. I want to tell you a little bit about my story. I'm an author, and this is my story. I'm from Rockport, New York, a small town outside of Rochester, and I went from that small town and ended up graduating from Harvard. And I have three brothers. They also lived with me in Rockport, New York and went to public high school just like I did, and they all graduated from Harvard or from Harvard Law School. And how did this happen? It was all about books. We had books around the house. We had books around the car. We had books all throughout our lives, and reading really helped propel us to educational success. And that's one reason I wrote Game World, because fewer than 3 percent of kids' books feature African American protagonists. The number is even worse for Asians, for Native Americans, and for kids of other change that equation around. We need to call attention to books that do feature protagonists of color, so kids can read about themselves and so kids who aren't of color can read about kids of color and experience more of the world. That's what this kids' fair is all about. That's what really helped me in my education and in my life, and I'm so glad to be here to share my book Game World and talk about the importance of books. Again, thank you for having me, and I hope to see you at the fair. Thanks. (Applause.)
Final note: The book fair is open to everyone. It is not just for African American children. I expect to see everyone here with their grandchildren, their children on Saturday, February the 7th, 1:00 to 3:00 p.m.
Thank you very much. The next order of business is communications. The Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. Mr. Decker, please read those messages, if you have any.
Thank you very much. Do you have any additional communications?
Mr. President, we have received a letter dated January 29, 2015 from the Honorable James F. Kenney to the Honorable Darrell L. Clarke, President, Philadelphia City Council. Dear Council President Clarke Councilmembers, it is with great humility that I resign my office as City Council Member at-Large effective at the end of today, January 29th, 2015. The 23 years that I have spent as a member of this body have been the most exciting and rewarding of my life. The legislative accomplishments we have achieved together, from creating a level playing field for LGBTQ citizens to making government more ethical and to most recently working to decriminalize marijuana possession and free thousands of people a year from the life-altering effects of a criminal record, have moved Philadelphia forward and helped create a fairer and more just government and society for all. It is my sincere hope that we will have the opportunity to work together again some day in the not too distant future. Most respectfully submitted, James F. Kenney, Councilman at-Large.
Thank you, Mr. Decker. Those messages will be printed in the Journal today. At this time, we will have the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell.
Thank you, Mr. President. I have no bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. On your behalf, I offer one resolution.
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 and Twenty-Ninth Wards of the City of Philadelphia.
That resolution will be on next week's Final Passage Calendar. The Chair recognizes Councilman Henon.
Thank you, Council President. I introduce one bill and one non-privileged resolution today. Thank you.
An ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," to further regulate sidewalk sales and related conduct in the Sixth Councilmanic District.
That bill will be referred to the appropriate committee.
And a privileged resolution authorizing the Committee on Commerce and Economic Development to hold hearings on the Storefront Improvement Program and its impact on small business and neighborhood economic development.
That will be on this week's Final Passage Calendar. And the Chair recognizes Councilwoman Tasco.
Thank you, Councilwoman. The Chair recognizes Councilman Johnson.
Mr. President, I have no bills and no resolutions today.
Thank you, Councilman. The Chair recognizes Councilwoman Quinones-Sanchez.
Good morning, Mr. President. I have one non-privileged resolution.
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 Nineteenth and Thirty-Seventh Wards of the City of Philadelphia.
And that resolution will be on next week's Final Passage Calendar. And the Chair recognizes Councilman Neilson.
Thank you, Mr. President. I have two bills co-sponsored by Councilwoman Blondell Reynolds Brown.
An ordinance amending Section 9-3902 of The Philadelphia Code, entitled "Property Licenses and Owner Accountability," by adding requirements that hotels and other places that offer rentals of temporary overnight lodging or spaces ensure their employees are trained on how to identify human trafficking activities and victims.
And an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding provisions that require hotels and other places that offer rentals of temporary overnight lodging or spaces to maintain a room registry; prohibiting some rentals at less than the daily rate or at hourly rates; and, providing for definitions, penalties and other related items.
That bill will also be referred to committee. And 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 one bill on your behalf.
An ordinance authorizing transfers in appropriations for Fiscal Year 2015 from the Grants Revenue Fund, the Director of Finance - Provision for Other Grants to certain or all City offices, departments, boards and commissions in the General Fund.
That bill will be referred to the appropriate committee. And the Chair recognizes Councilwoman Reynolds Brown.
Thank you, Mr. President. Through Councilman Kenney's leadership, I now offer one bill on green roofs and a resolution co-sponsored by colleague Councilwoman Marian Tasco.
An ordinance amending Subsection 19-2604(8) of The Philadelphia Code, entitled "'Green Roofs' Tax Credit," to change the requirements for the credit and make other technical changes.
And a privileged resolution Recognizing and Honoring Dorothy Johnson-Speight for Twenty-Five Years of Humanitarian Service.
And that resolution will be on this week's Final Passage Calendar. And the Chair recognizes Councilman Jones.
Thank you, Councilman. The Chair recognizes Councilman O'Neill.
Thank you, Mr. President. I have no bills or resolutions.
Thank you, Councilman. The Chair recognizes Councilman Squilla.
Thank you, Mr. President. No bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilwoman Bass.
An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new Chapter providing for the licensing and regulation of donation bins, establishing penalties, and making conforming amendments.
And an ordinance amending Subcode "A" (The Philadelphia Administrative Code) of The Philadelphia Code, by amending Chapter 9, entitled "Fees," by revising fee requirements pertaining to accelerated plan review.
Those two bills will be referred to the appropriate committee. And the Chair recognizes Councilman Oh.
Thank you very much. I offer one non-privileged resolution and two privileged resolutions co-sponsored by Councilwoman Cindy Bass.
A privileged resolution Recognizing and Honoring the legacy of Charlie Sifford, the first African-American to play on the Professional Golfers' Association (PGA) Tour, who passed away on February 3, 2015.
That resolution will be on this week's Final Passage Calendar.
And a privileged resolution recognizing February 4, 2015 as "National Girls and Women in Sports Day" in Philadelphia to celebrate the 43rd Anniversary of Title IX - the federal civil rights law that prohibits sex discrimination in education, but is best known for breaking down barriers in sports for girls and women.
That resolution will also be on this week's Final Passage Calendar.
And a non-privileged resolution authorizing the Greater Philadelphia Veterans Network, in partnership with City Council and the Veterans Advisory Commission, to conduct a comprehensive study on veteran employment in the City of Philadelphia and its impact on the local economy.
And that will be on this week's Final Passage Calendar. And that concludes our introduction of bills and resolutions, and at this time we will have reports recognizes Councilwoman Tasco for a report from the Committee on Finance.
Mr. President, I report one bill with a favorable recommendation from the Committee on Finance.
Thank you, Councilwoman. Mr. Decker, please read that report.
To the President and members of the Council of the City of Philadelphia, the Committee on Finance, to which was referred Bill No. 141027, entitled "An ordinance authorizing the issuance from time to time of one or more series of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of the City of Philadelphia; authorizing the Mayor, City Controller and City Solicitor or a majority of them to sell bonds at sale; setting forth the purposes for which the proceeds of the bonds will be expended; providing for the maturities and for other terms and conditions and for the form of the bonds; providing that the bonds may be redeemable prior to maturity; providing sinking funds for the bonds and for appropriations to the Sinking Fund Commission for the payment thereof; authorizing agreements to provide credit enhancement or payment or liquidity sources for the bonds and certain other actions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Mr. Decker. The Chair again recognizes Councilwoman Tasco.
Thank you. I move that the rules of Council be suspended so as to permit first reading No. 141027. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended this day so as to permit first reading of Bill No. 141027. All those in favor say aye. (Aye.)
The ayes have it, and that bill will be placed on our Second Reading and Final Passage Calendar at our next session of Council. The Chair at this point recognizes Councilwoman Brown.
Thank you, Mr. President. I'm a little off guard. I thought we would finish with the introduction of bills, but I would like to welcome and salute students from the Science Institute, young people who are studying facility maintenance, pharmacy tech, culinary arts, and nursing. I would ask these young people and tomorrow's leaders to please rise so that we can salute them. And I thank you, Mr. President.
Thank you so much for coming down. I believe that is in Councilman Johnson's district.
All right. Thank you so much, Councilwoman. At this time, the Chair now recognizes Councilman Goode for a report from the Committee on Commerce and Economic Development.
Thank you, Mr. President. The Committee on Commerce and Economic Development reports one bill with a favorable recommendation.
Thank you, Councilman. Mr. Decker, please read that report.
The Committee on Commerce and Economic Development, to which was referred Bill No. 150010, entitled "An ordinance amending Chapter 17-1600 of The Philadelphia Code, entitled 'Economic Opportunity Plans', to require that certain Economic Opportunity Plans incorporate the requirements of the First Source Jobs Policy contained in Chapter 17-2000 of The Philadelphia Code; all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Mr. President. I move the rules of Council be suspended so as to permit first reading this day of Bill No. 150010. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended this day so as to permit first reading of Bill 150010. All those in favor say aye. (Aye.)
The ayes have it, and that bill will be placed on our First Reading Calendar for today. The Chair now recognizes Councilwoman Tasco for a report from the and Human Services.
Thank you, Mr. President. The Committee on Public Health and Human Services reports one bill with a favorable recommendation.
Thank you, Councilwoman. Mr. Decker, please read that report.
The Committee on Public Health and Human Services, to which was referred Bill No. 141026, entitled "An ordinance enacting a new Chapter 9-4100 of The Philadelphia Code, entitled 'Promoting Healthy Families and Workplaces,' to provide that certain employees are entitled to paid and unpaid leave, 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.
I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 141026. (Duly seconded.)
I somehow suspected that Councilman Greenlee would second that particular bill. 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. 141026. All those in favor say aye. (Aye.)
The ayes have it. This bill will be placed on our First Reading Calendar today. 2ND READING And that concludes our reports from committee, and 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 our Second Reading and Final Passage Calendar at our next session of Council. As there are no additional bills on our First Reading Calendar, the Chair recognizes Councilman Jones for the purpose of calling up resolutions and bills on the Second Reading and Final Passage Calendar.
Thank you, Mr. President. The following resolutions and bills are being called up from Second Reading and Final Passage Calendars today: Nos. 150060, 150069, 150070, 140984, 140985, 140986, 140987, 140988, 150016, 140904, 150001, and 141028. All other resolutions and bills are being held.
Thank you, Councilman. Before hearing these bills and voting on the passage of these bills and resolutions, we will have our public comment session. It will go as follows: If you are interested in testifying on a bill or resolution that is on the Final Passage Calendar today, I would ask that you sign up at the table to my left, if you have not already done so. When your name is called, you'll be asked to come to the podium in the middle of the Council Chambers. There's a device on that. When the light turns green, it is your time to speak. When the light turns yellow, you will have 30 seconds to conclude your remarks. When the light turns red, we'd ask that you please conclude your remarks and adhere to the guidelines. You will be given three minutes to speak. Thank you very much for your cooperation. Mr. Decker, please call the name of the first individual on the list.
Joe Eastman, commenting on 150025. (Witness approached podium.)
Good morning. Thank you. My name is Joe Eastman. I'm a taxpayer. I reside in South Philadelphia. I'm also a veteran, and I'm here in that capacity today. That I would ask in this Year of the Veteran, as it's quickly coming to a close, that as you put this commission together, this committee to study income inequality and other things, that you give serious consideration of putting a veteran on that commission, and I would tell you why. There's roughly 88,000 veterans that live in Philadelphia. I think the number is higher, but we'll go with 88,000. Thirty-three thousand of those live in the First Congressional District, which, depending upon what you believe, might be the hungriest or second poorest district in the country. Thirty-four thousand of those veterans live in the Second Congressional District, and I'm willing to bet many of them aren't faring much better. There's an incredible body of knowledge within the veterans community across this country working on problems within the veterans community that I believe that this committee would address that easily transfer themselves to not just the veterans community but other pockets in this city as you go forward discussing this. I would also say this, that one of the lead agenda items that I think needs to be discussed is this economic windfall that's coming to Philadelphia with all this development that so many people are talking about taking credit for. There has to be a serious discussion, not just including veterans but others, to ensure that the greatest swath of qualified people able to work have an opportunity to get those jobs. The more I think about this -and I'll close with this -- that if a year from now we walk down Market East and we look and see at who is doing all the work down there and if everybody looks like me, then this effort has failed, and I think that would be a darn shame. Thank you.
Thank you so much for your testimony. (Applause.)
Frank Cervone, commenting on 150001. (Witness approached podium.)
We appreciate the opportunity to address Bill 150001 and the representation of abuse and neglected children who are involved with the courts. I'm the Director of the Support Center for Child Advocates in Philadelphia. We're the largest and oldest volunteer lawyer program for kids in the country. This year we'll represent a thousand children before the courts of this city. We've been doing so under contract with the City and the First Judicial District since at least 1994. We respectfully urge you to hold Bill 150001 at the present time, as the legislation will severely and detrimentally impact our work. I attended caucus and the robust discussion that happened there, and I'd elucidate it as follows: We received, as was noted, our contract this year last Friday, January 30th. It sits on my desk awaiting my Board signature, which will happen today. We'll transmit it tomorrow in due course to the City officials. They will then at some point transmit it in due course to this body. If this bill were to be in effect this year, your deliberations would start on Monday or thereafter and would take, in the robust schedule of this august body, whatever time it takes, and by resolution or ordinance you'd take days or weeks or months to approve our contract and then for us to be paid. Through that time, we have not yet been paid a cent on the services that we've been delivering since July 1st. As well, these contracts stand outside, just like all other contracts in the City, except for these few that we've been talking about, stand outside the review of Council precisely for the expeditious business and conduct of the administration of the business of the City. So it was said that it's for continuity that this should happen. In point of fact, this is the most discontinuous thing we could create. The City of Philadelphia creates thousands of vendor contracts of one year every year. None of them come before this body by Charter. The same mechanism was approved, as was stated, by the voters unanimously and previously by this board unanimously so as to keep the business of the City working. Our Board, our fundraising has been funding this work since July 1 without payment. We hope that it will continue to be able to do this without this form of review. And I say that reluctantly that we would resist transparency because we are as committed to transparency as any organization in the country. We're willing to give you all of our books, all of our papers to demonstrate to you our highest quality case management service, the expertise and credentials of our staff, our 17 Master's level social workers, six staff attorneys, and 300 volunteer attorneys. In all modesty, we get recognition and awards for the quality of our service. We appreciate Councilman O'Brien's recognition of our work and those of our colleagues as exemplary. We should not be brought into this fight. It's going to hurt us, and we need you to slow down the train. There is no reason to move forward today in fear of an entity that may be created not earlier than July 1. So please give it the time and deliberation and caution that it needs.
James Belardinelli, commenting on 150001. (Witness approached podium.)
Good morning, members of Council. Thank you for having me. My name is James Belardinelli. I have a private criminal defense practice here in the City, with the bulk of that work being with court appointments. I've been a lawyer for 22 years. I began my career as a clerk for Justice Frank J. Montemuro of the Pennsylvania Supreme Court. I was Assistant District Attorney for 17 years, with the bulk of that time spent in the Family Violence and Sexual Assault Unit and Homicide Unit. The bulk of my practice now is homicides and major felony cases. I don't stand here telling you my resume to puff myself up. I do it to underscore what I think is the -- or rather rebut, I think, sort of the notion that underscores the RFP that's been submitted, that on the criminal side court-appointed attorneys are not adequately qualified or aren't providing adequate representation. My experience is many, many members of the District Attorney's Office as well as the Public Defender's Office, much more talented than me, use court appointments as a route to transition into private criminal practice. That will really be choked off at this point if the RFP goes through as constructed. So I'd ask Council to consider that as they weigh this bill. I think certainly Councilman O'Brien is correct in asking that something with that sort of economic impact certainly should be approved by Council before it's taken. Thank you.
The next four witnesses - Damian Sammons, Vazken Zerounian, Zac Shaffer, Leo Mulvihill, all commenting on 150001. (Witness approached podium.)
Good morning. My name is Damian M. Sammons. I'm a private criminal defense attorney here and I work at the Criminal Justice Center, and I take court appointments. One of the stories I'd like to tell about being a court-appointed attorney, it's of a man whom I will call Joe, who is a client of mine that I received through court appointment. Joe was an innocent man who sat in jail for two years awaiting trial, and in two years awaiting trial, he was awaiting trial on charges of attempted murder at gunpoint. It was his brother who committed the crime, and he sat awaiting trial. His brother was murdered later on by the same violence that he had incited, and my client was incapable of paying the inordinate bail. His family was incapable of hiring a private attorney, and the Public Defenders had a conflict of interest, and so they couldn't represent him. I was appointed to him. And he was facing 20 to 40 years of incarceration for a crime that he did not commit. When he was found not guilty of all charges, this grown man cried. He cried in relief and he cried for the two years of his life that he had lost that he would never get back. Our city needs court-appointed attorneys. It needs this system. And for that particular case, I got a little over $2,000 from the court appointment system, for a case that most attorneys in the private field would value at $20,000. Most people who do court appointments don't do it to become rich. We do it because they know that there are two systems of justice. There's one for the rich and there's one for the poor. And there are a lot of outstanding attorneys who do court appointments who have saved a lot of lives. This system is in need of them, and our city is in need of them. We have to support every single person fighting on behalf of the indigent, on behalf of the poor and the people that don't have the means to have an excellent defense from a private defense counsel when they could instead get an excellent defense from court-appointed attorneys. Thank you. (Applause.) (Witness approached podium.)
Good morning. My name is Vaz Zerounian. I'd like to thank this august body for the opportunity to speak.
Although I'm not as eloquent as my colleague, I'd just like to say with the exception of ten years where I was out of state serving my country, I am a lifelong resident of Philadelphia. Born and raised at Summerdale and Unruh, educated at 17th and Girard, got my street education at 52nd and Kingsessing, and now I live in Councilman Kenyatta Johnson's district down in South Philadelphia. So when I say that Philadelphia is important to me, I want that to be understood of how important it is to me. I just recently had started my own private criminal practice in Philadelphia. For the last almost four years I worked at the Public Defender's Office where I got to serve the indigent of this community. And, frankly, I left the Public Defender's Office for one purpose and one purpose only, is that unfortunately I could no longer afford to work at the Public Defender's Office. However, that does not mean I do not want to serve the poor of this community, the indigent of this community, the downtrodden and those who need the help. And, frankly, with the conflicts that occur, someone like me is exactly who these people need to represent them. And why? Because it's in me. Philadelphia is in me, and I want to see people get justice. And, frankly, growing up, I saw many of my friends carted away and sent to jail, and luckily I was one of the few that was able to get out of the neighborhood, was able to get out and serve and get education and do what's right. And, frankly, the vertical representation that could be given by private counsel is something that should not be negated. I have a client. I'll call her Ms. Smith, for lack of a better term. I've been with her for about a year now. I left the Public Defender's Office. However, it was so important for her representation to continue by the same attorney that I maintained on it on a pro bono basis. I am now her attorney. And the reason for that is because Ms. Smith has mental health issues. Ms. Smith has issues, and she became accustomed to me and she knows how I work for her. She knows I work hard for her. I can make a significant more amount of money, but as a person who just started and as a person who is looking to grow his business, court appointments is what's going to help me grow my business. So I get to serve the indigent of the community doing pro bono work, I get to serve the community by getting paid, and I also get to serve the community by getting appointed. And the appointments are what's going to help me build my business. So let's not only look at it as serving the community in one end. Let's look at it as a person who is going to be creating jobs, job creation. And if I don't have this, I'm going to have to not be able to continue my practice and perhaps go work for someone else and I will not have the opportunity to create those jobs that eventually will come. I thank you for your time.
Thank you for your testimony. (Applause.) (Witness approached podium.)
My name is Zac Shaffer. I'm proud to be a court-appointed attorney. I'm here today to ask you all a question. Who is the voice for our poor in the City, the 27 percent that live at the poverty rate, the 40 percent of the children that are at the poverty rate? Oftentimes the voice for the poor are court-appointed attorneys. When you have a situation where there's a conspiracy charge or where there's a drug dealer that sells to different people, court-appointed attorneys are the individuals that represent them, and I think it's vital for Council to understand the advantage of having a court-appointed attorney. Right now if you were to have the Public Defender's Office represent you -- and they do a fantastic job. My best friend since middle school is working for the PD because it's the best training in the world. But if you work for the PD, your initial interview will be with someone. Your next interview might be with someone else. Your preliminary hearing, a third person. Your smart room where they give you an offer, a fourth person. Your trial, a fifth person. And then if that gets continued, maybe your next trial will be a sixth attorney. So I ask you, how important is it for City Council to have competent defense attorneys? Would you want to have someone go and do surgery on someone that's important to you, vital, and have it so that you have six different doctors you meet and then the day of surgery it's a seventh person? It's simply not fair. Right now we could take advantage of excellent attorneys that are dedicated to indigent defense. If they were still at the Public Defender's Office or the DA's Office, they'd be supervisors, but they're out in private practice making money, but still giving back to the community. I urge you all to support Councilman O'Brien's bill. It is vital. The poor deserve their voice, and court-appointed counsel is their voice. Thank you.
Thank you. (Applause.) (Witness approached podium.)
Good morning, Council President, members of Council. My name is Leo Mulvihill and I'm proud to be a private attorney that serves the citizens of this great city as a court-appointed attorney as well. I won't take too much time, because I think my colleagues have said some really fantastic things and, frankly, my stories aren't as good as theirs. But every single one of my clients, whether they're privately retained or I get appointed to represent them because they cannot afford counsel and because the Defender's Office cannot represent them because of a conflict, I treat them exactly the same. I tell every single one of my clients when I meet them for the first time that I will treat them no differently than a private attorney would. Ladies and gentlemen, just to piggyback off the comments of my esteemed colleagues here, court-appointed counsel is necessary here in the City. As a small business owner, I've been practicing for four years. I've dedicated my career to criminal defense defending the citizens of this city. I ask the City Council members please consider the importance of 2/5/15 - STATED - 2ND READING court-appointed counsel, the ability of one attorney to serve one client from the inception through to trial, and to weigh very heavily just how important that is in our system of justice here in Philadelphia. Thank you.
There are no other speakers on the public comment list, Mr. President.
Thank you, Mr. Decker. That was a great representation of closing arguments in a courtroom. I want to thank you all. Thank you. You did a great job. There being no other speakers, at this time we're going to move to our Calendar. Mr. Decker, 150060.
A resolution also 2/5/15 - STATED - 2ND READING naming 7th Street from Girard Avenue to Poplar Street as Reverend "Martha A. Lang Drive."
Thank you, Mr. President. I move the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and Resolution No. 150060 is adopted. Mr. Decker, 150069.
A resolution also naming West Berks Street between North 54th Street and North 56th Street as "Nelson Williams Way" memorializing the 2/5/15 - STATED - 2ND READING dedicated service of Nelson Williams, Sr. to the Wynnefield Community and his tireless advocacy on behalf of at-risk youth.
Thank you, Mr. President. I move for its adoption. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and Resolution 150069 is adopted. Mr. Decker, 150070.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, 2/5/15 - STATED - 2ND READING 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 First, Twenty-Fifth and Thirty-First Wards of the City of Philadelphia.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it, and Resolution 150070 is adopted. Mr. Decker, 140984. 2/5/15 - STATED - 2ND READING
A resolution approving the appointment of Nancy Winkler to the Philadelphia Water, Sewer and Storm Water Rate Board.
Mr. Decker, I'm going to, if it's okay with you, sir, our great parliamentarian, just read all of those and ask for the -no? Can't do it? All right. Now you all get to see who is really in charge in here. The Chair recognizes Councilman Jones for a motion on 140984.
It's been moved and properly seconded. All those in favor? (Aye.)
The 2/5/15 - STATED - 2ND READING ayes have it, and Resolution 140984 is adopted. Mr. Decker, 140985.
A resolution approving the appointment of Bernard Brunwasser to the Philadelphia Water, Sewer and Storm Water Rate Board.
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it, and Resolution 140985 is adopted. Mr. Decker, 140986.
A resolution 2/5/15 - STATED - 2ND READING approving the appointment of Sonny Popowsky to the Philadelphia Water, Sewer and Storm Water Rate Board.
The Chair recognizes Councilman Johnson for a motion.
I make a motion -- I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor? (Aye.)
The ayes have it. 140986 is adopted. Mr. Decker, 140987.
A resolution approving the appointment of Lee Huang to the Philadelphia Water, Sewer and Storm Water Rate Board. 2/5/15 - STATED - 2ND READING
The Chair again recognizes Councilmember Johnson for a motion.
I make a -- I move for the adoption of the resolution. (Duly seconded.)