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Minutes

Stated Meeting, September 12, 2013

Philadelphia City CouncilSep 12, 2013

People mentioned

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

Organizations mentioned

Councilman Jones

Having been moved and seconded, all those in favor? (Aye.)

Councilman Jones

Any nays? (No response.)

Councilman Jones

No nays. The resolution is adopted.

Chief Clerk

And a resolution honoring, recognizing and commending the 9/12/13 - STATED - 2ND READING Honorable Abram Frank Reynolds for his efforts to promote justice, adequate representation, and healthy development for youth, introduced by Councilman Johnson.

Councilman Jones

The Chair again recognizes Councilman Johnson.

Councilman Johnson

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

Councilman Jones

Having been moved and seconded, all those in favor? (Aye.)

Councilman Jones

Any opposed? (No response.)

Councilman Jones

The resolution passes.

Chief Clerk

And a resolution honoring, recognizing, and commending Black Girls RUN! of Greater Philadelphia for its outstanding achievements in promoting healthy lifestyles and fitness, introduced by Councilman Johnson. 9/12/13 - STATED - 2ND READING

Councilman Jones

The Chair again recognizes Councilman Johnson.

Councilman Johnson

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

Councilman Jones

Having been moved and seconded, all those in favor? (Aye.)

Councilman Jones

All opposed? (No response.)

Councilman Jones

The resolution passes.

Chief Clerk

And a resolution honoring, recognizing, and commending Susan G. Komen Philadelphia for striving to make a world without breast cancer a reality throughout the Philadelphia tri-state area, introduced by Councilman Johnson.

Councilman Jones

Again, the Chair recognizes Councilman Johnson.

Councilman Johnson

Thank you, Mr. Leader. I move for the adoption of 9/12/13 - STATED - 2ND READING the resolution. (Duly seconded.)

Councilman Jones

Having been moved and seconded, all those in favor? (Aye.)

Councilman Jones

Any opposed? (No response.)

Councilman Jones

The resolution passes.

Chief Clerk

And a resolution authorizing the Committee on Education to hold hearings to examine the School District of Philadelphia's transition plan following the recent school closings, introduced by Councilman Johnson.

Councilman Jones

Again, the Chair recognizes Councilman Johnson.

Councilman Johnson

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

Councilman Jones

Having been moved and seconded, all those in favor? 9/12/13 - STATED - 2ND READING (Aye.)

Councilman Jones

Any opposition? (No response.)

Councilman Jones

The resolution passes.

Chief Clerk

And a resolution recognizing and honoring the Council of Spanish Speaking Organizations (Concilio) on the occasion of the 54th Annual Puerto Rican Festival Week and Parade in Philadelphia, introduced by Councilwoman Quinones-Sanchez.

Councilman Jones

The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

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

Councilman Jones

Having been moved and seconded, all those in favor? (Aye.)

Councilman Kenney

Si.

Councilman Jones

Any opposed? (No response.) 9/12/13 - STATED - 2ND READING

Councilman Jones

Hearing none, the resolution is adopted.

Chief Clerk

And a resolution authorizing City Council's Committee on Law and Government to investigate and hold public hearings reviewing the City of Philadelphia's recent Request for Proposal seeking a single law firm to provide legal representation to all indigent clients when a conflict of interest requires appointment of outside counsel, introduced by Councilman O'Brien.

Councilman Jones

The Chair recognizes Councilman O'Brien.

Councilman O'Brien

I move for the adoption of the resolution and I request to be recognized for the purpose of making remarks. (Duly seconded.)

Councilman Jones

Having been moved and seconded, the Chair recognizes Councilman O'Brien.

Councilman O'Brien

Thank you, 9/12/13 - STATED - 2ND READING Mr. President. The resolution I introduced today calls for Council to investigate the City's recent Request for Proposal seeking a single law firm to provide legal representation to all indigent clients when a conflict of interest requires appointment of outside counsel. The right to counsel is a fundamental safeguard guaranteed under the Bill of Rights to all persons accused of crimes that are unable to afford a lawyer. In the landmark case Gideon versus Wainwright, the U.S. Supreme Court recognized the fundamental role that legal representation plays in a fair criminal justice system. In Philadelphia, the Defender's Association provides free legal services to criminal and juvenile clients who are financially unable to obtain counsel. In some cases, the Defender's Association is precluded from providing that legal representation due to a conflict of interest. When this occurs, the courts 9/12/13 - STATED - 2ND READING appoint private attorneys to represent the accused. These attorneys are referred to as conflict counsel or court-appointed counsel. Each year the Philadelphia Court of Common Pleas makes more than 22,000 conflict counsel appointments in Philadelphia's Family, Criminal, Municipal, Orphans, and Traffic Courts at a cost to the City of between $8 and $10 million. In November 2012, the Mayor's Office, intending to assume this appointment power from the courts, posted a Request for Proposal seeking a private entity to provide legal representation to indigent clients where the Defender's Association is prohibited from providing representation due to conflict of interest. It appears that a contract will soon be executed between the City and a private entity, and this gives me great concern. My staff and I have built our 9/12/13 - STATED - 2ND READING careers in the criminal justice conversation. Our shared goal in different venues has always been justice. We are collectively uncertain that justice will be served with this new court appointment process, and we have so many questions. What will the quality of representation be for those accused of a crime that do not have the financial means to hire an attorney? The RFP calls for a one-year contract. What if the deal is not renewed? What happens to those poor clients? Where do their cases go? Who will represent them? Where is the efficacy or transparency in this process? Why is this a one-year contract with an option for three successive one-year contracts? Was this done to skirt Council's oversight and input? Will this cost the City more money in hidden or unforeseen expenses? What is this new dynamic modeled after? I could go on and on. These 9/12/13 - STATED - 2ND READING questions are many and the answers are few. Therefore, Mr. President, members of Council, I have no other choice but to introduce this resolution today, and with my co-sponsors, Councilpersons Greenlee, Kenney, and Bass, we wish to put us back on a path to find these answers. Thank you, Mr. President.

Councilman Jones

Are you now moving for the adoption of the resolution?

Councilman O'Brien

Yes, I am. (Duly seconded.)

Councilman Jones

Having been moved and seconded, all those in favor? (Aye.)

Councilman Jones

All those opposed? (No response.)

Councilman Jones

The adoption has been passed. The motion -- the resolution has been passed.

Chief Clerk

And a resolution honoring the life and legacy of E. Steven 9/12/13 - STATED - 2ND READING Collins, introduced by Councilwoman Reynolds Brown.

Councilman Jones

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Good morning, Majority Leader. I offer remarks before moving forward. Mr. President -- Majority Leader, with a heavy heart, I know I join you and many in honoring the legendary veteran radio broadcaster, exemplary executive and broadcaster, our very own E. Steven Collins. He was not just a colleague. He was a friend to many and a mentor to so many more with legions of listeners across the City. His is a life deserving of respect and tribute as he deeply cared about the City. And I believe Patty Jackson of WDAS said it best when she commented that he was the unofficial mayor of our city. Many of us will miss so much about him - his seemingly boundless energy; his focused commitment to any 9/12/13 - STATED - 2ND READING cause he undertook in the corporate, civic, religious or non-profit community; his infectious smile; his commanding physical presence with a teddy bear heart; his intellect; and his radio voice where he engaged citizens across this city irrespective of walk of life on issues like literacy, non-violence or something as novel as walking your child to school; his bright spirit and his unwavering quest to seek and secure a balanced story void of sensationalism; his joyful, positive attitude; his sense of purpose that turned many disbelievers or doubters and what I call impossibility thinkers into believers. He will be irreplaceable. The sense of loss for so many is huge, but his legacy is infinitely greater, a legacy that commands all of us to live a life of purpose, a life that matters, a life that gives back, a life that makes a difference. And he did all of this preserving an essential quality 9/12/13 - STATED - 2ND READING called humility. I imagine now he is still working serving in his new capacity as guardian angel for the city he cared so very much about. Elmer Smith said that there will always be one E. Steven Collins. With that, I introduce this resolution celebrating a life well lived on the legacy of E. Steven Collins, better known as E. I would ask that we rise for a moment of silence honoring E. Steven Collins and his family.

Councilman Jones

Well put, Councilwoman. Would you please rise for a moment of silence for E. Steven Collins. (Moment of silence.)

Councilwoman Brown

And with that, I move for the adoption. (Duly seconded.)

Councilman Jones

All those in favor signify by saying aye. (Aye.) 9/12/13 - STATED - 2ND READING

Councilman Jones

All those opposed? (No response.)

Councilman Jones

It is adopted.

Chief Clerk

And a resolution authorizing the City Council Committee on Rules to hold public hearings to investigate strategies and offer recommendations for the improvement of collection procedures, to increase current and delinquent revenues from the School Income Tax, introduced by Councilwoman Reynolds Brown.

Councilman Jones

The Chair again recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Majority Leader. I move for the adoption. (Duly seconded.)

Councilman Jones

Having been moved and seconded, all those in favor? (Aye.)

Councilman Jones

All those 9/12/13 - STATED - 2ND READING opposed? (No response.)

Councilman Jones

The motion is adopted.

Chief Clerk

And a resolution honoring and celebrating Academy Award-nominated film producer and director Lee Daniels for his remarkable contributions to society through film and community service, introduced by Councilman Jones.

Councilman Jones

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Majority Leader. I move the adoption of the resolution. (Duly seconded.)

Councilman Jones

All those in favor signify by saying aye. (Aye.)

Councilman Jones

All those opposed? (No response.)

Councilman Jones

The motion 9/12/13 - STATED - 2ND READING is adopted.

Chief Clerk

And a resolution recognizing, honoring, and celebrating Dawn Michelle Staley, on the occasion of her induction into the Naismith Memorial Basketball Hall of Fame Class of 2013, introduced by Councilwoman Bass.

Councilman Jones

The Chair recognizes Councilwoman Bass.

Councilwoman Bass

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

Councilman Jones

Having been moved and seconded, all those in favor signify by saying aye. (Aye.)

Councilman Jones

All those opposed? (No response.)

Councilman Jones

The motion is adopted.

Chief Clerk

There are no other resolutions on the Final Passage Calendar, Mr. President.

Councilman Jones

That completes our Calendar for today. Are there speeches on the part of the minority? The Chair recognizes Councilman O'Brien.

Councilman O'Brien

Thank you, Mr. President. I was just sitting here and I was thinking about the resolution that Bobby Henon introduced on behalf of our friend Joan Krajewski and I just couldn't help myself but make a few observations and remarks about someone who served the City so wonderfully well. We know that she had a bigger-than-life personality. I used to watch from afar the procedures here in City Council, and I'd watch how she would get in John Street's face and she'd get in the face of others who stood in the way of people that she felt compelled to stand up for, those vulnerable people, those people that didn't have a voice, very articulate voice on so many different levels. I remember her coming to my offices in Harrisburg and in Northeast Philadelphia and telling me that it wasn't a choice, but it was a responsibility to continue my advocacy for those who were disabled. She came to my office on one particular occasion when the contract was going to be taken from Temple and awarded to Northwest Human Services on the Woodhaven center, and she wanted to make sure that the rights and the services for those individuals were guaranteed. On a lighter note, I remember one time that I was engaging with her on an issue that was of common purpose to both of us and she withheld the answer to that until I gave her my date of birth and other information so that I could have my chart read. I found that particularly unusual, because I don't care if a psychic reader or the President called Joan Krajewski on an issue. She was going to do what she wanted anyway. So she wasn't going to be guided by that or any other voice. But I just want to say that she was a friend, an advocate, a fierce fighter and protector for those who needed a voice to stand up. I am certain that she's going to be missed by her constituents in Northeast Philadelphia, but I think all of us in the City of Philadelphia are better for knowing her. Thank you, Mr. President.

Councilman Jones

Thank you, Councilman. Ditto, ditto, and ditto. Are there speeches on the part of the majority? The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Mr. President Pro Tem. Needless to say, I will be calling up the first -(Audience members yelling "Fund schools.")

Councilman Jones

Thank you very much. (Audience members yelling.)

Councilman Jones

Thank you very much. We appreciate -(Audience members yelling.)

Councilman Jones

Thank you. Folks, we want you to know we support full funding. (Audience members yelling.)

Councilman Jones

Folks, we have business to conduct. We heard your point. We're going to ask you to leave now. We're going to ask you to leave now. (Audience members yelling.)

Councilman Jones

Listen, we have heard you. We're going to ask you to respect our process at this point. We're going to ask you to stop at this point. (Audience members yelling.)

Councilman Jones

Don't forget the Governor's mansion. Thank you very much. We'd like you to stop up at the Governor's mansion on your way. Thank you very much. The Chair now recognizes Councilwoman Blackwell -- oh, Councilman Goode. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Mr. President Pro Tem. Needless to say, I will be calling up the first abatement bill every week until a vote is taken. I also introduced a second bill. As I stated, members have three choices - vote for both, vote against both, vote for one or the other. The tabling of the first bill is not as relevant as the introduction of the second bill. The first bill will not take effect until January 2016. The second bill will take effect as soon as possible. The second bill asks a simple question I stated before, do we want to continue to take money from the School program. If you want to stop taking money from the School District, you will vote yes on that second bill. If you want to keep taking money from the School District, then you will vote no on that bill. I will keep calling the first bill up, and my friends will be back next week. Thank you.

Councilman Jones

Thank you, Councilman. The Chair recognizes Councilman Green, because we went from the minority, we'll come back, but Councilman Green is next.

Councilman Green

Thank you, Mr. President. Past is prologue, and unfortunately the Mayor today returned several bills to City Council as he did with the -- as Mayor Street did with the condo trash bill. Several bills were returned today without signature. They are now the law of the City of Philadelphia, except the Administration is, I believe, going to take the position that they don't have to comply with those laws. This means that we will be back in court with the Administration in order to seek declaratory judgments, in order to force this Administration, who ran on the campaign of openness and transparency, to deliver to City Council an IT strategic plan that says how they're going to spend $120 million over the next five years. I would like it known for the record that the citizens of Philadelphia passed two years ago by over 80 percent a Charter change that allowed this body to request any information we wanted with the budget from the Administration. In connection with that, we passed a program-based budget requirement, which the Administration -- or Mayor signed and which they intend to comply with. In addition to that program-based budget, the IT strategic plan would have been required to be delivered at the same time. It is no different than asking for what is in Class 100, Class 200, et cetera. We're asking for specificity for line items that aren't currently in the budget, as the Charter change permitted us to, and it disappoints me that I am going to have to go to court to enforce the laws of the City of Philadelphia. Thank you, Mr. President.

Councilman Jones

Thank you, Councilman. The Chair now recognizes Councilman O'Brien.

Councilman O'Brien

Thank you, Mr. President. I simply was going to add my voice to those advocates that have since departed this chamber and ask that the Administration in Harrisburg be recognized for a response. Thank you.

Councilman Jones

Appreciate that comment. I would have had one if I was sitting in the speech of majority, but I'm up here. So with that, I'm going motion from Councilwoman Reynolds Brown for adjournment.

Councilwoman Blackwell

Excuse me, Mr. Chairman. You left me out.

Councilman Jones

Oh, I'm sorry. Councilwoman Blackwell, it doesn't come up on the screen. No offense.

Councilwoman Blackwell

Thank you very much. The fact that we had the demonstrators here doesn't belie the fact that Council has done all it can on this issue, and we're proud of the bill we were pleased to introduce on behalf of the President. We also put in folders on your desks information, the School District Opening Plan 2013-2014. We're also announcing that on Monday, the 16th at 10 o'clock, after coordinating with the Mayor's Office, Managing Director's Office, the School District Office of Safe Schools Advocate, Town Watch, and the Philadelphia Police Department, we regarding Walk Safe Philadelphia. Again, that's Monday, the 16th at 11:00 a.m. in the Caucus Room. On Wednesday, the 18th at 10:00 a.m. in the Caucus Room, we will have our briefing with the Philadelphia School District Partnership. That was postponed when we had the funeral for our colleague, the Honorable Joan Krajewski. We're also coordinating a third announcement. We're coordinating a luncheon meeting with the Mayor's Office of Education, PhillyGoes2College, how best to help our students who are trying to get to college. And, finally, we are coordinating with the United States Department of Education, Office of Civil Rights, and we will be announcing a briefing that they will likewise provide. Finally, on another matter, we have submitted to you -- every now and then we just give you some of these things we print. Our Echoes of Africa is 23-year-old non-profit organization we founded. It's one of our many organizations that we deal with. So we thought we just might add a little color to your lives and share with you our newest publication, Echoes of Africa. Thank you very much.

Councilman Jones

Thank you, Councilwoman. We so look forward to that every year. Now the Chair recognizes Councilwoman Reynolds Brown for a motion to adjourn.

Councilwoman Brown

Certainly. I move that Council stand adjourned until Thursday, September 19th, 2013 at 10:00 a.m. (Duly seconded.)

Councilman Jones

It has been moved and seconded that Council will stand adjourned until Thursday, September 19th, 2013 at 10:00 a.m. All those in favor will say aye. (Aye.)

Councilman Jones

All those opposed? (No response.)

Councilman Jones

The ayes have it. ) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter, and that this is a true and correct transcript of same. MICHELE L. ) A adopted 70:3,23 amount 32:9 5:22 10:22 authorizing 8:19 abatement 26:25 75:3 83:6 84:5 44:11 13:20 13:10,21 14:9 27:4 40:3,16 85:2,23 Ancient 3:24 approving 8:6 16:20 17:11 41:5,22,25 42:5 adoption 67:12 and/or 98:22 16:6 19:22 34:9 18:16 22:19 45:11,14,15,17 68:5,24 69:2,19 angel 82:5 April 13:20 23:4 25:3 28:17 46:8 49:5,6 70:14 71:10 announce 9:22 Aramingo 31:8 29:18 32:24 90:12 91:2 72:5,25 73:21 announcement 31:18 55:22 53:8 59:8,14 abiding 3:18 74:18 75:18 95:12 56:2,3,4,6 64:13 73:12 ability 38:19 79:11,21 82:21 announcing 94:20 arbitration 11:8 75:5 83:8 able 48:24 83:20 84:17 95:20 11:22 Avenue 8:13 14:2 Abram 21:17 85:12 Annual 24:6 Arch 30:23 48:15 16:13 19:2,9,10 71:2 advise 7:16 74:11 area 8:11 16:11 31:8,8,10,18,19 absence 5:24 6:5 advocacy 21:9 annually 45:18 22:14 31:7,17 31:21 34:3 58:21 70:7 87:8 answer 87:20 34:2,14 55:25 55:22 56:3,3,4,6 Academy 29:25 advocate 88:8 answers 79:2,8 72:20 awarded 87:12 84:7 94:24 anyway 88:4 areas 31:6,16 awards 11:9,23 accurately 98:5 advocates 93:17 apologize 48:2 Aria 48:11 Award-nomina...