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Minutes

Stated Meeting, January 27, 2011

Philadelphia City CouncilJan 27, 2011

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Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

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COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, January 27, 2011 10:45 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,

Chief Clerk Council President Verna

Good morning, everyone. I note that the hour has come and passed and that a quorum of this Council is present. Council will come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair recognizes Servant Leader J. Louis Felton, Pastor of the Mount Airy Church of God in Christ. He is here today as the guest of Councilwoman Tasco. At this time, I would ask all members and guests to please rise. (Members and guests rise.) SERVANT LEADER FELTON: Thank you, President Anna Verna and Councilwoman Tasco, and good morning to each of you. (Good morning.) SERVANT LEADER FELTON: Let us pray together. Father, we thank you for this precious opportunity to give praise, honor and glory to your name. Today, the entire City of Philadelphia and surrounding region have come to pause to acknowledge the glory of your majesty that you have chosen to bring our city to a virtual halt. Even our school buildings are closed, but class is still in session, as your holy spirit, our teacher and comforter, teaches us our need for one another. We confess this day that God is still on the throne, ruling and super-ruling over the affairs of human kind. Though you are the unelected head of all creation and your term of office never expires, we recognize your authority upon each individual. We pray your blessings upon every person in the City of Philadelphia, for every police officer. We pray for every fireman, for every school principal, teacher and staff worker. We potential in every student will be awakened and stirred for the benefit of all society. We pray your blessings upon our great City of Philadelphia, the birth place of freedom and independence, the first capital of the United States of America. And just as surely as this city has brought inspiration to this nation and world, may it continue to lead the way in the spirit of unity, brotherhood and the resurgence of our economy. We pray for renewed spirit of innovation, invention and productivity. In spite of the challenges of these times - war, recession, homelessness - we believe that the future is as bright as the promises of God, as we walk by faith in him who loved us and gave himself for us. Thank you for sense and spirit of unity. We are one nation under God, indivisible, with liberty and justice for all. name we pray. Amen. (Amen.)

Council President Verna

The Chair thanks Servant Leader Felton for his invocation. Council will be at ease. (Council at ease.)

Council President Verna

The next order of business is the approval of the Journal of the meeting of Thursday, December 16th, 2010, and the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. I move that the Journal of the meeting of Thursday, December the 16th, 2010 be approved. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Journal of the meeting of Thursday, December 16th, 2010 stand approved. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. On behalf of the majority, a leave of absence is requested for Councilwoman Krajewski.

Council President Verna

Thank you. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, on behalf of the republicans, leave of absence is requested for Councilman Jack Kelly.

Council President Verna

The Chair thanks the gentleman. The Chair will dispense with business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. At this time, the next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.

Chief Clerk

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. 100860, 100871, 100872 and 100874; and I am pleased to advise you that on December 21, 2010, January 5 and January 26, 2011, I signed all of the bills that were passed by Council at its session on December 16, 2010, and that on December 22, 2010 and January 5, 2011, I signed the remaining bills that were passed by Council at its session on December 9, 2010, except Bill No. 100750; and I am transmitting for the introduction of your honorable body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, designated as Parcel No. 61; and I am transmitting herewith for the introduction and consideration of your honorable body two resolutions reappointing current members to the Board Old City Special Services District; namely, Christopher P. McGill and Carolyn Pfeiffer, and three resolutions appointing new members to the Board of Directors for the Old City Special Services District; namely, Avram Hornick, Christopher Laufer and Lynn Martin Haskin; and I am also transmitting an ordinance amending Bill No. 100307, entitled "An ordinance approving the Fiscal Year 2011 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works," by approving a Revised Capital Budget for Fiscal Year 2011; and Also an ordinance amending Chapter 15-100 of The Philadelphia Code, entitled "Parks," by prohibiting the transfer or conversion of outdoor public park and recreation land in the City to other uses or to third parties unless certain procedures and requirements are met; and Rothstein and Frederick Mumenthaler, owners of the property located at 1921 through 23 South Bancroft Street, to legalize an existing encroachment in the right-of-way located on the east public footway of Bancroft Street; and An ordinance authorizing John and Concetta Varallo, owners of Pesto Italian Restaurant, 1917 South Broad Street, to construct, own and maintain an encroachment within the right-of-way located on the east footway of Broad Street, all under certain terms and conditions.

Council President Verna

Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in his possession.

Chief Clerk

I have none, Madam President.

Council President Verna

Thank you. The next order of business will be the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I have no bills or resolutions today.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Today I have three resolutions.

Council President Verna

The Chief Clerk will please read the title of the first resolution.

Chief Clerk

A resolution Honoring and Congratulating Mr. Scott M. Wilds.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution.

Council President Verna

Thank you. This resolution will be -- all in favor? No. I'm sorry. The resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chief Clerk will please read the title of the second resolution.

Chief Clerk

A resolution Calling on the Philadelphia City Council Committee on Education to Hold Hearings in Partnership with the State Board of Education and the Department of Education on the Lack of Library Facilities and Certified Librarians in Public Schools.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the -

Council President Verna

I'm sorry. That's to be referred to an appropriate committee.

Councilwoman Blackwell

That's right. Yes, to be referred to the Education Committee.

Council President Verna

This too will go on the Calendar for next week.

Councilwoman Blackwell

Thank you.

Council President Verna

Thank you.

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, 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 Forty-Fourth Ward of the City of Philadelphia.

Council President Verna

Thank you. This also will be placed on the Calendar for our next session of Council.

Councilwoman Blackwell

Thank you.

Council President Verna

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. I offer one resolution, which is co-sponsored by Councilmembers Tasco and Reynolds Brown.

Council President Verna

Thank you. The Chief Clerk will please read the title.

Chief Clerk

A resolution designating the month of February as "Teen Dating Violence Awareness Month in Philadelphia."

Council President Verna

This resolution will be placed on our Calendar for our next session of Council. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. I have one bill, three resolutions, one resolution on your behalf and one resolution on behalf of Councilwoman Krajewski, and I wish to be recognized after the title of the resolution, Krajewski's resolution, re-calling Bill No. 100750 after it's read for a motion on the resolution.

Council President Verna

Thank you. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Bill No. 100307, entitled "An ordinance approving the Fiscal Year 2011 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works," by approving a Revised Capital Budget for Fiscal Year 2011.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And a resolution requesting that the Mayor return to Council Bill No. 100750, entitled "An ordinance to amend the Institutional Development District Master Plan of Holy Family University, located at 4500 Grant Avenue," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

Council President Verna

The resolution will be placed on the Final Passage Calendar for our next session of Council. Councilwoman, I understand you want a suspension of the rules.

Councilwoman Tasco

Thank you, Madam President. I move that the rules of Council be suspended to permit consideration of that resolution on today's Final Passage Calendar. (Duly seconded.)

Council President Verna

It has been moved and seconded. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries.

Chief Clerk

And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, designated as Parcel No. 61.

Council President Verna

This resolution will be placed on our Final Passage Calendar for our next session of Council.

Chief Clerk

And a resolution recognizing and acknowledging Delta Sigma Theta Sorority on the occasion of its Fourth Annual Philadelphia City Council Delta Day.

Council President Verna

This resolution will also be placed on the Final Passage Calendar for our next session of Council.

Chief Clerk

And a resolution honoring Thomas E. Knudsen for his achievements in service to the City of Philadelphia and its citizens as President and Chief Executive Officer of the Philadelphia Gas Works.

Council President Verna

This resolution will also be placed on the Final Passage Calendar for consideration at our next session of Council.

Chief Clerk

And a resolution declaring February 17th, 2011 as PGW Day in the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Verna

No. Wait a minute. It goes on the Calendar for our next session of Council. This will be placed on the Calendar for our next session of Council. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. Today I offer two resolutions.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first resolution.

Chief Clerk

A resolution proclaiming January 2011 as "Poverty in America Awareness Month."

Council President Verna

This resolution will be placed on our Final Passage Calendar for consideration at our next session of Council.

Chief Clerk

And a resolution the City Council of Philadelphia designates the month of January 2011 as "National Mentoring Month" and recognizes and honors its Tenth Anniversary.

Council President Verna

This resolution will also be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

Thank you, Madam President. I have one resolution co-sponsored by Councilman Bill Green and Councilwoman Blondell Reynolds Brown.

Council President Verna

Thank you. The Chief Clerk will please read the title.

Chief Clerk

A resolution authorizing the Council Committee on Education to conduct hearings to examine the Philadelphia School District's discipline policy and the recent report "Zero Tolerance in Philadelphia" by the Advancement Project and Youth United for Change.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Green.

Councilman Green

Thank you, Madam President. I offer one resolution.

Council President Verna

Thank you.

Chief Clerk

A resolution authorizing the Committee on Labor and Civil Service to hold hearings investigating ways that targeting medical resources can help the City of Philadelphia improve the quality and reduce the cost of providing health care services to its employees and citizens.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Madam President. No bills or resolutions today.

Council President Verna

Thank you. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I offer one resolution.

Council President Verna

The Chief Clerk will please read the title.

Chief Clerk

A resolution authorizing the Committee on Commerce and Economic Development to hold hearings regarding a strategic assessment of the City's workforce agencies.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Good morning, Madam President.

Council President Verna

Good morning.

Councilwoman Brown

I offer today one bill co-sponsored by Councilman O'Neill on behalf of the Administration and two resolutions.

Council President Verna

Thank you. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Chapter 15-100 of The Philadelphia Code, entitled "Parks," by prohibiting the transfer or conversion of outdoor public park and recreation land in the City to other uses or to third parties unless certain procedures and requirements are met.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And a resolution honoring the African American Children's Book Project on the occasion of the 19th Annual African American Children's Book Fair.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

Chief Clerk

And a resolution authorizing the Joint Committees on Law and Government and Public Safety to hold hearings to support the creation of a robust, active Family Justice Center in the City of Philadelphia.

Council President Verna

This resolution will also be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair now recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two bills and seven resolutions.

Council President Verna

Thank you. The Chief Clerk will please read the title of the first bill.

Chief Clerk

An ordinance amending Section 22-310 of The Philadelphia Code, entitled "Deferred Retirement Option Plan (DROP)," by permitting employees who enroll in DROP to withdraw from DROP if they have not yet separated from active service with the City, under certain terms and conditions.

Council President Verna

The bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance authorizing John and Concetta Varallo, owners of Pesto Italian Restaurant, 1917 South Broad Street, to construct, own and maintain an encroachment within the right-of-way located on the east footway of Broad Street.

Council President Verna

This bill will also be referred to the appropriate committee.

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, 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-First Ward of the City of Philadelphia.

Council President Verna

This resolution will be placed on the Final Passage Calendar for our next session of Council.

Chief Clerk

And a resolution celebrating Philadelphia's Asian Community at the start of the Lunar New Year.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council.

Chief Clerk

And a resolution appointing Christopher Laufer to the Board of Directors for the Old City Special Services District.

Council President Verna

This resolution will be referred to the appropriate committee.

Chief Clerk

And a resolution appointing Avram Hornick to the Board of Directors for the Old City Special Services District.

Council President Verna

This resolution will also be referred to the appropriate committee.

Chief Clerk

And a resolution appointing Christopher McGill to the Board of Directors for the Old City Special Services District.

Council President Verna

The resolution will be referred to the appropriate committee.

Chief Clerk

And a resolution appointing Carolyn Pfeiffer to the Board of Directors for the Old City Special Services District.

Council President Verna

The resolution will be referred to the appropriate committee.

Chief Clerk

And a resolution appointing Lynn Martin Haskin to the Board of Directors for the Old City Special Services District.

Council President Verna

This will also be referred to the appropriate committee. COUNCILMAN DiCICCO: Madam President, point of order. The bill pertaining to DROP, I failed to recognize it was co-sponsored by my colleagues Councilman Kenney and Rizzo.

Council President Verna

Thank you. Are there other resolutions?

Council President Verna

Thank you. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I offer one resolution on behalf of Council President and myself, signed by all members of Council.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution Honoring Bernard Brunwasser on His Retirement.

Council President Verna

This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I offer two bills.

Council President Verna

The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Bill No. 100656, passed by Council on December 16, 2010, to include the executed Neighborhood Development Agreement.

Council President Verna

This bill will be referred to the appropriate committee.

Chief Clerk

And an ordinance amending Section 14-305 of The Philadelphia Code, entitled "'C-4' Commercial District," specifically Section 14-305, Subparagraph (16), Subparagraph (c) regarding parking for the area bounded by Hamilton Street, 19th Street, Callowhill Street and 20th Street.

Council President Verna

This bill will be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, I have one resolution.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution recognizing, honoring, celebrating, and thanking Tom Muldoon on the occasion of his retirement as President of the 1/27/11 - STATED - 1ST READING Philadelphia Convention and Visitors Bureau.

Council President Verna

This resolution will be placed on the Calendar for our next session of Council. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.

Chief Clerk

Bill No. 100780, entitled "An ordinance amending Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' by expanding the scope of 'Plan '10' and 'DC Plan' to cover additional employees, including Fire Department employees"; and Bill No. 100722, entitled "An ordinance amending Chapter 10-818 of The Philadelphia Code to provide that no person shall carry a firearm on public streets or public property unless the person is licensed to carry such firearm by a political subdivision of the 1/27/11 - STATED - 2ND READING Commonwealth of Pennsylvania, regardless of whether the person possesses a license issued in another state."

Council President Verna

Thank you. The bills just read will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilwoman Tasco for the purpose of calling up the bills and resolutions on the Second Reading and Final Passage Calendar to be considered today.

Councilwoman Tasco

Thank you, Madam President. Resolution 100877, 100878, 100879, 100880 and 100079 are being called up for Second Reading and Final Passage Calendar today. Bill No. 100864 is being amended. All other bills and resolutions are being held.

Council President Verna

Councilwoman, did you call up Resolution No. 100881? It's on the bottom of .

Councilwoman Tasco

I'm sorry. 1/27/11 - STATED - 2ND READING I missed it. And 100881. I missed that. I'm sorry.

Council President Verna

And also 100079, the very last bill on .

Councilwoman Tasco

My glasses must be failing me today. All right. Let's try this again. Resolution 100877, 100878, 100879, 100880, 100881 and 100079 are being called up for Second Reading and Final Passage Calendar today. Bill No. 100864 is being amended. All other bills and resolutions are being held.

Council President Verna

Thank you. The Chief Clerk will please read the title of Resolution 100864. Oh, I forgot something. I'm sorry. Before considering the bills and resolutions, we will consider public comment on those matters listed on the Second Reading and Final Passage Calendar today for possible action at this week's Council session. Before our first speaker comes forward, let me note that Council's rules have been amended to provide for a public comment period. Under the newly amended rules, the public comment procedure will operate as follows: For each Council session, there will be a sign-up sheet to determine the order in which we receive public comment, although no one will be denied the opportunity to provide public comment because they have not previously signed up. Public comment is listed to Philadelphia residents and taxpayers. So when it's your turn, please state your name and where you live, and if you are not a Philadelphia resident, please state that you are a Philadelphia taxpayer. You will then have up to three minutes, three minutes, to provide public comment on bills and resolutions listed on the Calendar for possible action at today's session. I certainly want to again thank all of you for your cooperation and patience as we continue to implement this new procedure. I would ask the Chief Clerk to please call the name of our first speaker.

Chief Clerk

Ann Dixon.

Ms. Dixon

I'm Ann Dixon. I live in West Philadelphia. I'm a City resident and a taxpayer. I'm speaking in support of Resolution No. 100864 about the impacts of fracking in Philadelphia -- on Philadelphia. The world, including the U.S., is running out of drinkable and potentially drinkable water. There are a number of reasons for this. Over 60 percent of the world's wetlands have been destroyed in the last hundred years. Wetlands clean and filter water. According to hydrologist Dr. Michael Kravelk, about half of the earth's surface is paved. Pavement keeps water from becoming groundwater. Instead, it goes to the storm drains and eventually to the salty ocean. Thirty billion gallons of groundwater is pumped per day for manufacturing purposes. Much of that is permanently removed from our supply because it is too polluted to be cleaned properly. These facts are taken from the 2008 movie "Blue Gold." Since the movie was made, thousands of wells have been fracked. I am really glad that the list of recommendations, on which Councilman Jones's resolution is based, acknowledges that environmental impact studies should address the question of de-watering. Gas drilling uses millions of gallons of water per frack. According to the Department of Environmental Protection's own website, 87 percent of the water used to frack remains underground. This water is permanently lost to us since it contains a host of toxins. In 2009, Pittsburgh city residents were told not to drink their tap water for a period of time because the Monongahela River, their drinking water source, was polluted from fracking. The Delaware River Basin Commission has proposed new rules for fracking even though environmental impact studies have not been completed. The public needs time to digest these rules and weigh in on them. Philadelphia needs a City Council person to write to the DRBC and ask them to extend their public comment period to September 16th and ask for a hearing in Philadelphia. Immediately after passing this resolution, it is critically important that Council forward the resolution to the DRBC and emphasize the recommendations that call for an extension to their public comment period and for a hearing in Philadelphia. If the new rules are released and drilling starts, we could have 10,000 new wells in our watershed in a few short years. Where will we get our water if one of the accidents that is bound to happen pollutes the Delaware beyond the capacity of our Water Department to remediate it? The world water crisis will have come to Philadelphia.

Council President Verna

Thank you very much. I'm going to ask the Chief Clerk to please -- thank you. I think you're going to have some assistance there. Our next speaker?

Chief Clerk

Alan Silberman.

Mr. Silberman

Good morning, Councilmembers. Thank you for the opportunity to speak. My name is Alan Jerome Silberman, 805 East Passyunk Avenue, in the First District. I'm here to speak in support of Resolution 100864 on behalf of the 1,000 members of the Temple University Hospital Nurses' Association. As a union of healthcare professionals and patient care advocates, the issue of hydro-fracking in the Marcellus Shale in the Delaware River Basin and throughout Pennsylvania is of great importance to us. The experience of other regions of the country and even the drilling which has been done in Pennsylvania tell us that this mining process is an enormous threat to public health. Large quantities of toxic chemicals are unavoidably released into the air and water and have already poisoned wells in Pennsylvania. Public health studies in western states where fracking is taking place on the scale contemplated for Pennsylvania have shown elevated rates of asthma and cancer. Blood tests of citizens in Colorado and Texas have found elevated levels of compounds known to be carcinogenic, such as ethyl benzene, xylene, hexane, methyl pentane. Dozens of fracking compounds and by-products are known to be harmful. There's no safe dose for these chemicals. The cumulative exposure increases risks. We call your attention particularly to the work of the Endocrine Disruption Exchange in this area. We know that fracking releases radioactivity into the environment. We know that the water purification systems which treat our drinking water are not equipped to treat the wastewater from fracking. An ounce of prevention is worth a pound of cure. The profits of the gas mining will go to giant corporations who have no respect for Pennsylvania's resources, people or future. The cost of the illnesses will be borne by the affected individuals, the City and the Commonwealth. We believe the costs will be more than the benefits unless there's a much higher level of accountability, both technical and financial, on the part of the drilling companies that is now being contemplated. We enthusiastically support the resolution introduced by Councilman Jones. It is not merely symbolic. You can make this a real force in protecting our watershed by promptly communicating the decisions and recommendations to the Delaware River Basin Commission and to Governor Corbett, and we request drawing attention specifically to your general recommendation No. 1 and agency-specific recommendation No. 4. The DRBC and the Governor owe the people of Philadelphia clear answers on these questions. Only if the DRBC complies with your recommendations will the citizens of Philadelphia and the Delaware River Basin generally have the facts we need to be able to choose whether this technology and this industry are worth the risks they pose to our health and if we are willing to incur the costs for what would necessarily be an incomplete remediation. Thank you very much.

Council President Verna

Thank you, Mr. Silberman. (Applause.)

Council President Verna

Our next witness?

Chief Clerk

Matthew Klayman.

Mr. Klayman

Hi. Good morning. My name is Matthew Klayman. I live in South Philadelphia. Thank you for the opportunity to speak. I'm also the Policy Coordinator for the Energy Coordinating Agency, ECA, and the Keystone Energy Efficiency Alliance, KEEA. ECA is a non-profit corporation whose mission is to help people conserve energy and work toward a sustainable energy future for all in the region. And KEEA is a non-profit corporation that works to promote energy efficiency market transformation through education, advocacy and training. On September 28th, I testified to ECA and KEEA's realistic approach to the issue of Marcellus Shale and fracking. We believe that there should be a severance tax instituted on natural gas extraction and that a substantial portion of that tax should be dedicated to investments in energy efficiency. We're very pleased to see that those recommendations have been included in the report that came out of that hearing. Currently, the beneficiaries of Marcellus Shale gas are the gas industry and selected private landowners, yet all Pennsylvanians feel the burden of high energy prices. This is especially true for customers of natural gas, fuel oil and kerosene. Pennsylvania Act 129 mandates that electric utilities institute programs that help consumers save electricity, but no such mandate exists for natural gas distribution companies. In addition, many low-income households in Philadelphia, about 40 percent of them, are heated using fuel oil and kerosene, and those are non-utility resources that lack desperately needed energy conservation programs. It's essential for Pennsylvanians to benefit from Marcellus Shale by using revenue from extraction to help them reduce energy consumption this year and every year. Thank you very much for your time.

Council President Verna

Thank you, sir. Our next speaker?

Chief Clerk

Poune Saberi.

Ms. Dixon

Dr. Saberi had to be at a memorial service today. My name is Ann Dixon. I would like to read her testimony, if that's okay.

Council President Verna

Please.

Ms. Dixon

Thank you.

Council President Verna

You can submit her testimony for the record. We'll give a copy to the stenographer and it will be transcribed in full.

Ms. Dixon

Okay. So no speaking?

Council President Verna

If you don't care to give the testimony to the stenographer, you can speak.

Ms. Dixon

Okay. Speaking about Resolution No. 100864, Marcellus Shale gas drilling impacts on Philadelphia. My name is Poune Saberi. I'm a family physician at the University of Pennsylvania. I have lived in Center City Philadelphia and been a taxpayer for more than ten years. I am here to support Resolution No. 100864 that addresses the impact of Marcellus Shale hydraulic fracturing on Philadelphia. At the December 16th hearing, I testified about the public health impact of natural gas drilling. I spoke about studies that found a 40-fold increased risk of cancer after only seven days when exposed to the same chemicals that have contaminated the drinking water of two families in Pennsylvania from shale gas drilling. In another study, EPA tested the private well waters of residents who live around pipelines from drilling sites in Wyoming and they tested positive for Bisphenol A, among other contaminants. As I'm sure you are aware, Bisphenol A is the same endocrine disrupting chemical that is now banned from being used in production of infants' milk bottles. In Texas, there has been a 25 percent increase in cases of pediatric asthma in regions where children live close to well pads. We must know much more about the impacts of shale gas drilling on human health before you invite these dangers into our own beautiful, life-filled watershed. The DRBC comment period on its premature rules should be at least two years so that it may be informed by science and protect our health. I strongly support the City Council in adopting the proposed resolution without any delay. I also urge you to extend the public hearing period on DRBC recommendations beyond March 16th. Philadelphians have the right to be educated and participate in what directly impacts their health. As before, I thank the City Council for being frontrunners in all matters that concern the public health of their residents. I urge you to continue to stand up for Philadelphia and push for a public hearing session on DRBC recommendations in our city.

Council President Verna

Thank you. (Applause.)

Council President Verna

Thank you. Our next speaker?

Chief Clerk

Lisa Armstrong.

Council President Verna

Good morning. Welcome.

Ms. Armstrong

Thank you very much. My name is Lisa Armstrong. I live in Philadelphia and own a business in Philadelphia. I have been here since 1978. I'm a member of the Delaware Riverkeeper Network, and I was a volunteer water monitor that sampled the water quality of the Schuylkill River at Walnut Street Bridge on a monthly basis for over eight years. I also represent the Greenfield School community, and I've worked closely with you, Council President Verna, and your staff to raise money and install a storm water management system at the grounds of Greenfield School, which collects all of the rainwater and reduces the pollutants that flow into the Schuylkill River through our combined overflow sewage system. As you can tell, protecting the waters of the Delaware River watershed is something that's very, very important to me. I've spent a lot of my adult life volunteering to do this. Today, I am speaking on behalf of the Delaware Riverkeeper Network and the 7,000 members who have major concerns about unconventional shale gas drilling in the Delaware River watershed. Thank you, Councilman Jones and Councilwoman Reynolds Brown, for your continued leadership and past actions to shed light on the potential threats hydraulic fracturing in the Marcellus Shale may bring to the drinking water of Philadelphia and the 17 million people who rely on the Delaware and Schuylkill Rivers for their drinking water. Maya van Rossum, the Delaware Riverkeeper, was delighted to share testimony as one of the 19 panelists at the September 28th, 2010 hearing conducted by the Joint Committees on Transportation and Public Utilities and the Environment. The expert concerns from that hearing and outlined in the report clearly indicate the continued need for your leadership on this issue. Your action to pass this resolution and the report and recommendations today is ever more critical with the events that have transpired since the hearing on September 28th. Delaware Riverkeeper Network wants to share recent events for your consideration that raise the urgency of this issue for the Delaware River watershed today. Despite a storm of protest and requests from thousands to wait for the science to be completed, including Philadelphia City Council, New York Governor David Paterson, Congressman Maurice Hinchey of New York, Congressman Rush Holt of New Jersey, New York City Mayor Michael Bloomberg and New York City Council, the Delaware River Basin Commission prematurely issued draft natural gas development regulations for the Delaware River watershed at the December 8th meeting. The Delaware River Basin Commission began an inadequate 90-day comment period and only three public hearings on the regulations. This is in direct conflict with Philadelphia Council's recommendations, past resolution and letters, and the current resolution being considered. It is also in direct conflict to the over 10,000 citizens who called the Delaware River Basin Commission to wait until the science and the cumulative impact study for the Delaware River watershed has been conducted and important studies like the EPA study on the effects of hydraulic fracturing on drinking water is complete. Furthermore, the Delaware River Basin Commission announced on January 24th the three meeting dates set for the public to be heard regarding the draft drilling --

Council President Verna

Ms. Armstrong, can you please come to some conclusion, because your time has been up.

Ms. Armstrong

Sure. One of the main points of concern is, not one of the three hearings is in Philadelphia, and we would really like City Council to implore to the Delaware River Basin Commission that they reconsider and have a hearing in Philadelphia. And if they do not respond to that request for a fourth hearing in the City limits, we respectfully request the Council to hold a public hearing in the City limits and submit the transcript to the Delaware River Basin Commission for official public comment before the March 16th comment deadline. In addition, the Delaware Riverkeeper Network urges Philadelphia Council to publicly and strongly call on the Delaware River Basin Commission to hold -- to put hold on the regulatory process until the science is complete.

Council President Verna

Thank you very much.

Ms. Armstrong

I have more on the testimony here, which I'll hand in.

Council President Verna

Thank you.

Ms. Armstrong

But thank you very much. (Applause.)

Council President Verna

Our next speaker?

Chief Clerk

Francine Cohen.

Council President Verna

Is Francine Cohen here? Yes.

Ms. Cohen

Good morning.

Council President Verna

Good morning. Welcome.

Ms. Cohen

Thank you very much for allowing me to speak. My name is Francine Cohen. I am here in favor of Resolution 100864. I am here today as both a very concerned citizen of Philadelphia as well as the Executive Director of Philagreen Hospitality Association, which represents hotels in the region interested in sustainable practices, mostly in Center City. I'm here to express the consequences on the hospitality industry should our drinking water become contaminated as a result of hydraulic fracturing in the Delaware River Basin. The fact that we even need to address this is beyond my comprehension, as our right to clean drinking water should be undeniable. And with the 2,000-plus violations already amassed by the gas industry, it should be obvious that the government needs to step in and take every action within its authority to protect the highly profitable tourism industry as well as its citizens. As I'm sure you're well aware, tourism is big business here and is poised to become even bigger with the expansion of the Convention Center. There are over 11,000 hotel rooms in Philadelphia currently, employing over 10,000 people, 80 percent of whom are Philadelphia residents. Philadelphia hotels currently generate over $110 million annually in tax revenue for the City and the Commonwealth. According to the GPTMC, visitor spending in Greater Philadelphia generated $8.2 billion in 2009. In that year, visitor spending sustained 83,664 full-time jobs, generating $1.2 billion in total taxes. Certainly the current economic climate has affected this industry, with lower hotel room rates and fewer conventions in the past, and although the expanded Convention Center promises increased occupancy, should our drinking water become contaminated here in the City, those rooms will not be filled. Travelers will certainly take their business to a city where they are not forced to drink bottled water. Just imagine, if you will, signs in our hotels warning guests not to drink the water from their sinks. This is not a third-world country struck by an unavoidable environmental disaster. We have an opportunity now to prevent this from happening, and if you don't do all that you can to protect your citizens and this industry, you will be part of the problem rather than the solution. The Delaware River will be contaminated. The cost to clean it up will be more than any agency can afford, if in fact it can ever be remediated to its current state. Certainly prevention trumps such dubious attempts. Please urge the DRBC to extend its moratorium until an impact study has been released and ensure our citizens in Philadelphia have a voice to the DRBC by holding a formal meeting here prior to their March 16th deadline. Thank you for your time.

Council President Verna

Thank you. (Applause.)

Council President Verna

Our next speaker?

Chief Clerk

Iris Marie Bloom.

Ms. Bloom

Councilman Curtis Jones, Councilwoman Blondell Reynolds Brown and all of you in City Council who have taken leadership to protect our water, air and public health, I commend you. Thank you for your steadfast courage. We're going to need more of that very soon. Due to the inability of federal or state regulators to properly regulate this industry, the chemicals used in fracking continue to be kept secret, violating the public's right to know. The human impacts from shale gas drilling out west and here in Pennsylvania are mounting. People are beginning to die from exposure to fracking chemicals. I'll mention two deaths. Last year on September 11th, Jose Lara, a worker who sprayed the -cleaned the containers containing fracking chemicals, died at the age of 42 from pancreatic cancer. His doctor believes that was due to exposure to fracking chemicals. Two months later, Chris Mobaldi of Garfield County, Colorado, who had been sickened by intensive exposure to gas drilling fumes, died from a rare pituitary tumor. Also in her case, not only she and her family, but her family physician believe that was because of exposure to fracking chemicals, which move both through water and through air. Members of Council, you stand uncorrupted. To my knowledge, unlike Dick Cheney, none of you is a former Halliburton CEO. To my knowledge, unlike Governor Corbett, you have not taken $1.2 million from the gas drilling companies, and unlike former Governor Tom Ridge, you do not have a $900,000 lobbying contract with the industry. Pennsylvania is the place and 2011 is the time in which the revolving door between government, industry and regulators spin faster and faster. Last month, a judge in the Delaware River Basin cancelled a very important hearing at which scientific evidence would have been presented arguing authoritatively that no drilling should take place in the Delaware River Basin. This month, that same judge, it turns out, his firm actually is a member of the industry lobbying group, the Marcellus Shale Coalition. So we are counting on you, Council, to take a different tact. Big money talks, and public officials are supposed to protect us, listening to science and the public interests. What we're asking of you now, City Council, is not just to pass Resolution No. 100864. We look forward to its passage. We're not aware of any amendment, so we're not sure what that's about, but here's the most important thing: Regardless of whether that resolution is passed today, we need you to send a letter to the DRBC tomorrow demanding two things. This is in Resolution 100864, which has already been passed by the Joint Committees on Transportation and Utilities and the Environment. Please demand that the March 16th deadline for public comment on fracking in the Delaware River watershed be extended beyond March 16th. That's an outrageously short public comment period. And please hold a hearing in Philadelphia so that we can have a voice in our watershed. We need to do that within the next six weeks, before the March 16th deadline. Thank you so much.

Council President Verna

Thank you. (Applause.)

Council President Verna

Our next speaker?

Chief Clerk

Elizabeth Arnold, commenting on 100864.

Ms. Arnold

Hi. Good morning. My name is Elizabeth Arnold. I'm a lifetime resident of Philadelphia and a taxpayer. I'm testifying today in support of the passage of Councilman Jones's Resolution 100864. Hydraulic gas fracturing, or fracking, has negatively impacted communities across the state. I've spoken to people who live near the drill heads. They say there is no adequate compensation for the sounds, smell, sight, contamination and environmental degradation caused by gas drilling. Fracking pollutes the water that people and animals depend on for life. It produces air pollution and causes irreparable damage to the very composition of our planet. New York, Arkansas and the City of Pittsburgh have moratoriums on fracking. Pennsylvania needs a moratorium on fracking immediately. A moratorium is the minimum needed at least until complete disclosure of all the 596-plus chemicals used in the fracking process becomes mandatory, until the Halliburton Loophole, which exempts gas drilling from meeting basic federal environmental protection laws such as the Clean Water Act, the Safe Drinking Water Act, the Clean Air Act and more. We need a moratorium until the EPA study is complete and a cumulative impact study has been assessed for each watershed in the state - the Ohio, Susquehanna and the Delaware River Basins. We need a moratorium until open plastic line impoundments filled with toxic waste are outlawed throughout Pennsylvania. We need a moratorium until greenhouse gas emissions from the industry are measured and regulated. And we need a moratorium until the wastewater from drilling in 100 percent -- a moratorium until the wastewater from drilling is 100 percent accounted for and until toxic loads in streams are measured daily, not monthly. I urge City Council not just to pass Resolution 100864, but also to really fight to keep Philadelphians safe by demanding that the Delaware River Basin Commission continue its current moratorium on drilling in the Delaware River Basin. Right now the DRBC is only giving the public until March 16th to comment on whether to continue the moratorium. There is no hearing scheduled to be held in Philadelphia before that date. The DRBC needs to hold a hearing in Philadelphia so that this major population center whose water supply is at stake can voice its opinion on the fate of our water. Many people in Philadelphia still don't know about this issue. People need time to get to know the issue, to get to know what's at stake and to be able to voice their comments here locally without having to go halfway across the state. I sincerely hope that City Council will heed the words of this morning's Mount Airy minister and be an inspiration and example to our city, state and nation by calling for a moratorium on drilling in the Delaware Valley watershed. Thank you.

Council President Verna

Thank you. (Applause.)

Council President Verna

Our next speaker?

Chief Clerk

Daniel P. Cordero, commenting on trash plan fines.

Mr. Cordero

Good morning, President Verna --

Council President Verna

Mr. Cordero?

Mr. Cordero

-- and Councilmembers.

Council President Verna

Excuse me, sir.

Mr. Cordero

My name is Daniel --

Council President Verna

Excuse me. What bill number on the Second Reading and Final Passage Calendar are you testifying on?

Mr. Cordero

It's not. I'm commenting on -

Council President Verna

I can't hear a word you're saying.

Mr. Cordero

Pardon me?

Council President Verna

I cannot hear you.

Mr. Cordero

I'm told that I can speak on anything at this time. I have no bill in front of me. It's a plan that you's have imposed on the businessowners of the City of Philadelphia in 2009 that we haven't been informed of. Now you's are turning around and you are fining us for not having a trash plan filed in the City of Philadelphia.

Council President Verna

No. I'm sorry, sir. I don't know who informed you that you would be able to speak today. I'm sure that there will be an appropriate time that you could come in. We will be having public hearings on our budget, and when the Streets Department comes in to testify and when we have public testimony, you're more than welcome to come in to speak at that time. But there is nothing on the Second Reading and Final Passage Calendar to address the issue that you want to speak on.

Mr. Cordero

If I can take a minute just to be out of order, Council President Verna. I'm asking you at this time to stop all fines on the businesses of the City of Philadelphia over a trash plan that you've implemented that we have no knowledge of. You're fining the businessowners and we're asking you to stop it.

Council President Verna

Sir, excuse me.

Mr. Cordero

I'm done. I'm sorry.

Council President Verna

Excuse me. I think you ought to talk to the District Councilperson.

Council President Verna

Okay.

Mr. Cordero

They informed me to come here at this meeting. That's why I'm here.

Council President Verna

You have been misinformed. I'm terribly, terribly sorry.