Stated Meeting March 8, 2018 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 8, 2018 10:45 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN ALLAN DOMB COUNCILMAN DEREK S. GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILWOMAN HELEN GYM COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN CHERELLE L. PARKER COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MARK SQUILLA COUNCILMAN AL TAUBENBERGER MICHAEL A. DECKER, CHIEF CLERK Stated Meeting March 8, 2018
Good morning. We're going to start. Thank you. The hour has come. We've established a quorum. Any guest or visitor, if they can retire behind the rail, we can get started. Thank you. To give our invocation this morning, the Chair recognizes Pastor Billy Thompson of the Evening Baptist Minister's Conference of Philadelphia and Vicinity. He is here today as the guest of Councilwoman Helen Gym. I would ask all members, guests, and visitors to please rise. (Councilmembers, guests, and visitors rise.)
Let us pray. Oh, gracious and everlasting father, we first pause to say thank you for life and for everything that is good. God, we ask for renewed blessings upon our Mayor, our Council President, members of City Council, and Stated Meeting March 8, 2018 Direct us by thy wisdom, discernment, and love as we engage in meaningful discussion and make decisions that will affect the safety and prosperity of the children, the seniors, the rich, and the poor of our great city, Philadelphia. Father, continue to remind us that all that we do here today, all that we accomplish is for the pursuit of truth, for the greater glory of you, and for the service of humanity. We ask these things in your name. Amen. (Amen.)
Thank you so much, Pastor, 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 Stated Meeting March 8, 2018 meeting of Thursday, March 1, 2018, and the Chair recognizes Councilman Greenlee.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, March 1st, 2018 be approved. (Duly seconded.)
Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, March 1, 2018 stand approved. All those in favor say aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence, and the Chair recognizes Councilman Henon. Stated Meeting March 8, 2018
Thank you, Council President. On behalf of the majority, there are no requests of leave of absence today.
The Chair thanks the gentleman. The Chair now recognizes Councilman O'Neill.
Thank you, Mr. President. On behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. At this time, I would like to welcome everyone who has taken time out of their busy day, particularly given the state of the weather today. We really appreciate you coming down. We hope your stay here today is a knowledgeable one but, more importantly, a pleasurable one, so much so that you come back again. So, again, thank you for being here. We have no presentations today, Stated Meeting March 8, 2018 of business is communications. And the Chair requests that the Sergeant-of-Arms delivers the messages to the Chief Clerk. Mr. Decker, please read those messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on March 6, 2018, I signed all the bills which were passed by Council at its session on February 22, 2018. And I am submitting herewith for the consideration of your honorable body a resolution authorizing the Philadelphia Land Bank to dispose of 1728 Marlton Avenue located in the Third Councilmanic District; and A resolution authorizing the Philadelphia Redevelopment Authority to execute and deliver to the Philadelphia Land Bank deeds conveying title to certain properties located in the Seventh Councilmanic District pursuant to the Stated Meeting March 8, 2018 Land Bank Act; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 322 by striking from the City Plan and vacating Glenloch Place from Megargee Street to its terminus northeastwardly therefrom, striking from the City Plan and vacating Ditman Street from a point southwest of Tolbut Street to its terminus further southwestwardly therefrom, and striking from the City Plan and abandoning a certain drainage right-of-way which extends between said termini of Glenloch Place and Ditman Street, all under certain terms and conditions.
Thank you so much, Mr. Decker. Do you have any additional communications?
Thank you very much. Stated Meeting March 8, 2018 And the next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Reynolds Brown.
Good morning, Mr. President. I offer one bill and one resolution. Thank you.
An ordinance amending Chapter 6-800 of The Philadelphia Code, entitled "Lead Paint Disclosure," to clarify an existing requirement that as a condition of licensing family Child Day Care facilities built before March 1978 that such facilities be certified as lead safe or lead free.
And a non-privileged resolution calling for the prompt discharge of the #METOO Act from the Pennsylvania House's Committee on Stated Meeting March 8, 2018 Labor and Industry with an affirmative and favorable recommendation.
Next week's Calendar. 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 Stated Meeting March 8, 2018 certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Sixteenth Ward of the City of Philadelphia.
Next week's Calendar. The Chair recognizes Councilman Henon.
Thank you, Mr. President. I offer no bills or resolutions today.
Thank you, Councilman. The Chair recognizes Councilman Jones.
Good morning, Mr. President. One bill and one privileged resolution.
An ordinance authorizing Timothy McGuriman of St. Joseph's University to construct, own, Stated Meeting March 8, 2018 and maintain a proposed sidewalk cafe and planters encroachment at 2461 through 81 North 54th Street.
And a privileged resolution recognizing and honoring Jodan Floyd for her outstanding leadership as Principal of AMY Northwest Middle School and for being awarded the 2018 Lindback Foundation Distinguished Principal Leadership Award.
And that will be on this week's Calendar. The Chair recognizes Councilman Johnson.
Council President, I have two privileged resolutions.
A privileged Stated Meeting March 8, 2018 resolution authorizing the Committee on Legislative Oversight to hold hearings with the Pennsylvania Intergovernmental Cooperation Authority to examine Philadelphia's financial health and stability.
And a privileged resolution authorizing the Committee on Transportation and Public Utilities to hold hearings examining strategies to address traffic congestion in the City of Philadelphia.
This week's Calendar. The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Mr. President. I have two non-privileged resolutions.
A non-privileged Stated Meeting March 8, 2018 resolution authorizing the Philadelphia Land Bank to dispose of 2520 Potter Street located in the Seventh Councilmanic District.
And a non-privileged resolution authorizing the Philadelphia Redevelopment Authority to execute and deliver to the Philadelphia Land Bank deeds conveying title to certain properties located in the Seventh Councilmanic District.
Also on next week's Calendar. The Chair recognizes Councilman Green.
Thank you, Council President. I have one privileged resolution.
A privileged resolution honoring the Montier Family of Stated Meeting March 8, 2018 Philadelphia and Cheltenham and recognizing their historical significance and contributions to our region.
And that will be on this week's Calendar. The Chair recognizes Councilman Domb.
Good morning, Council President. I have one privileged resolution today, primary sponsor Councilman Jones and co-sponsors Councilmembers Gym, Green, Parker, and Blackwell.
A privileged resolution recognizing the 50th Anniversary of the Fair Housing Act and marking the month of April as Fair Housing Month in the City of Philadelphia.
And that will be on this week's Calendar. The Chair recognizes Stated Meeting March 8, 2018 Councilwoman Gym.
Thank you, Council President. I have no bills or resolutions today.
Thank you, Councilwoman. The Chair recognizes Councilman Taubenberger.
Good morning, Council President. I have no bills or resolutions today.
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. I offer one bill and one Stated Meeting March 8, 2018 resolution.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by revising requirements for accessory signs, located within the area bounded by Juniper Street, East Passyunk Avenue and Mifflin Street.
And a non-privileged resolution also naming the 1300 block of South Broad Street "Jimmy Tayoun Way".
And next week's Calendar. The Chair recognizes Councilman Oh.
Thank you very much. Good morning. I offer one bill co-introduced by Councilman Mark Squilla and one privileged resolution Stated Meeting March 8, 2018 co-sponsored by Councilmembers Squilla, Henon, Reynolds Brown. Thank you.
An ordinance amending Section 12-1131 of The Philadelphia Code, entitled "Electric Vehicle Parking," to provide for the discontinued approval of new Electric Vehicle Parking Spaces and the expiration of such existing spaces.
And a privileged resolution recognizing, honoring, and thanking The Second Street Irish Society Pipes and Drums for its important contributions to the rich and diverse cultural fabric of Philadelphia.
And that will be on this week's Calendar. That concludes our introduction of bills and resolutions. We have no reports from Stated Meeting March 8, 2018 2ND READING committee today, so our next order of business is the consideration of the Calendar. There are no bills on our First Reading Calendar today, and the Chair recognizes Councilman Henon for the purpose of calling up resolutions and bills on the Final Passage Calendar.
My apologies, Council President. The following resolutions and bills are being called up for Second and Final Passage Calendars today: Bill Nos. 171134, 180183, 180189, 180191, 180192, 180194, 180196, 180112, 171109, 171126, 171127, 170995, 170996, 171002, 171003, 171128, 171129, 171130, 180005, 180075, 180006, 180098. All other resolutions and bills are being held.
Thank you very much, Councilman. Before considering our Calendar today, we will have our public comment session. It will go as follows: Stated Meeting March 8, 2018 If you are interested in testifying on a bill or resolution that is on the Final Passage Calendar today, if you have not already done so, you may sign up at the table to my left. When your name is called, you will go to the middle of the Chambers where there's a podium. There's a device on that podium. When the light turns green, it will be 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 adhere to our guidelines and conclude your remarks. You will be given three minutes to testify. Mr. Decker, call the first name on the list.
Robert Burdge, commenting on 180194. (Witness approached podium.)
Good morning, Stated Meeting March 8, 2018 Councilman. This bill is talking about our unions, and we need to keep our unions strong. We have a problem in this city. Our City workers are getting put out by these people that are coming out of the City. People that live in the City and are union members are getting taken advantage. I know a project that right now is having problems with the builder right now, that they're hiring out-of-city and out-of-state people, not union people but just people in general. That saves the employer some money, but it doesn't help the unions, and the unions are really fighting for it, because -- at South Broad Street you see a big rat up there on South Broad, and the unions are not getting -- really getting tired of being -- not having this work, and it's all done -- the unions are getting taken advantage of. And like the bill said, it's not just for some people; it's for all the brothers and sisters that work in Stated Meeting March 8, 2018 the unions in the City of Philadelphia, because a lot of the contractors are bringing people out of the state or the city and the state and using their own work just to try to save a buck. But some of the work is shabby. Some of the -- and some of the work -- most of the time if you hire a union person, you know you're going to get a good job. And so please support this bill, and I know that the Supreme Court is going to rule against our unions, but we need to really expect that we need your support. Thank you.
Joe Danihel, commenting on 180183 and 171129. (Witness approached podium.)
Good morning. This is an official decree of the people Stated Meeting March 8, 2018 in writ of mandamus quo warranto and, as such, requires immediate action and remedy. Every week Council, Mayor, and others transfer private property to the government, probably illegally. Last week, a smart lady asked, why does clergy bless Council before each meeting when Council, Mayor, and others routinely deny and defy God-given rights? Perhaps the clergy should boycott future meetings until public servants actually serve the people. Public servants swear an oath. Perhaps clergy should hold officials accountable for violations of that oath. Laws are like Bibles. Unless they are followed, nothing changes. As public servants, you cannot violate oath, Constitution, and laws without penalty. How can officials deny and defy inalienable, inviolable God-given rights? How can agents and agencies steal my home without compensation, due process or Stated Meeting March 8, 2018 Seventh Amendment trial by jury? How can government pay a contractor upwards of 100 million, mostly federal taxpayer HUD dollars, to build a mall on my stolen home? Why has no official demanded that the Attorney General investigate and prosecute, as required by law? The constitutions require immediate remedy of this breach of law, breach of close, breach of fiduciary duty. Your oath of office requires you to act or face prison. 42 USC 1982, 1983, 1985, 1986, 1987, 18 USC 241, 242, 2381, 2384, PA Constitution, Article I, Sections 1 through 11, 26 PA CSA 703, 705, 708, 709, 712, 713, 716, and other laws listed in SCOTUS 15-8965, 14-1330, 14-4056 appear violated. I call for the federal and Commonwealth governments to perform their constitutional obligations to investigate and prosecute all involved in the theft and illegal deed transfer of my home, Stated Meeting March 8, 2018 1038 West Wyoming Avenue. The denial of God-given 42 USC 1982 property rights for 24 years is egregious, extraordinary, oath-violating, and requires immediate remedy. A just government must obey the rule of law. This color of law government must have its Charter to govern revoked until a constitutionally compliant government is installed. Public servants cannot refuse their sworn duty to act any more than a fireman can refuse to fight a fire. The sovereign people require Constitution, oath, and laws be enforced. Jail is required for all who violate oath, Constitution or law. I remind Council, it takes a lot of cooperation to create and allow monumental corruption.
Robert Taylor, commenting on 180191. Stated Meeting March 8, 2018 (Witness approached podium.)
Good morning. Good morning, ladies and gentlemen. I am Robert Taylor, President of TWU Local 700 and WPEB 88.1 FM co-host on the Jasper Jones Show and a Board member for the Friends of Wharton Square. I am commenting on Resolution 180191. I don't support this resolution because I completely support S. 446, entitled "Constitutional Concealed Carry Reciprocity Act of 2017," which requires states to recognize licenses or permits from other states. It's beyond debate. The people have the right to keep and bear arms pursuant to Article I, Section 21 of the Constitution for the Commonwealth of Pennsylvania and of course part of the Second Amendment of the U.S. Constitution. Therefore, we should remove barriers for law-abiding citizens Stated Meeting March 8, 2018 to carry arms as part of their ability to defend themselves and others around them such as the Parkland School massacre. In Parkland, Florida those that were assigned by the government to protect the innocent failed to do their duty. However, brave, yet unarmed, teachers such as Aaron Feis, the hero football coach who took bullets in order to protect the students under his care and custody. This brave individual was an NRA instructor who took multiple gunshots and should have had the benefit of a gun to shoot back to save the children and himself. Sadly, Aaron paid the ultimate price. Or geography teacher, Beigel, was killed as he tried to usher students back into his classroom. The bottom line is that the victim is always at the scene of the crime. He or she should have a chance to protect their life, liberty or property and those around them. The Stated Meeting March 8, 2018 Constitutional Concealed Carry Reciprocity Act of 2017 is a step in the right direction. Also, I support Senator Rand Paul's bill to reveal gun-free school zones that have proved to be a disastrous policy that murderers will never obey. And I support the PA legislation aimed at arming teachers. More Guns, Less Crime, the book by Professor John Lott, makes a strong case that more guns in the hands of good folks lowers violent crime rates. Councilmembers took an oath to the Constitution of the Commonwealth of Pennsylvania and the people or the citizens therein. Please support the inherent rights of mankind. God bless Philadelphia. Thank you.
There are no other speakers on the public comment Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING list, Mr. President.
Thank you very much. That concludes our public comment. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. Mr. Decker, if you can please read the title of 171134.
A resolution proposing an amendment to the Philadelphia Home Rule Charter relating to the provision of mandatory annual training for all City officers and employees regarding sexual harassment in the workplace; and providing for the submission of the amendment to the electors of Philadelphia.
Thank you. The Chair recognizes Councilwoman Reynolds Brown.
Move for the adoption. Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING (Duly seconded.)
Thank you. Because this Resolution No. 171134 is a proposed amendment to the Home Rule Charter, it requires two-thirds vote. Mr. Decker, please call the roll.
Councilman Henon. Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING
Councilman Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING Taubenberger.
Aye. The ayes are 16; the nays are zero. Two-thirds of all members having voted in the affirmative, Resolution No. 171134 has been adopted. Mr. Decker, 180183.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Fifteenth Ward of the City of Philadelphia.
Thank you, Mr. President. I move the adoption Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it. 180183 is adopted. Mr. Decker, 180189.
A resolution calling on the Pennsylvania Interscholastic Athletic Association to revise their rules on religious head coverings for student athletes.
Thank you, Mr. President. I move for the adoption. (Duly seconded.)
It's been moved and properly seconded. Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING All those in favor say aye. (Aye.)
The ayes have it. 180189 is adopted. Mr. Decker, 180191.
A resolution urging the Senate to reject S. 446, entitled "Constitutional Concealed Carry Reciprocity Act of 2017", which requires states to recognize licenses or permits from other states, no matter how permissive their licensing standards.
Thank you, Council President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING (Aye.)
The ayes have it. Resolution 180191 is adopted. Mr. Decker, 180192.
A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Grays Ferry Urban Renewal Area, identified by house number and street address as 2600 through 2602 Wharton Street.
Thank you, Council President. I move for the adoption of the resolution. (Duly seconded.)
It's Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it. 180192 is adopted. Mr. Decker, 180194.
A resolution affirming the strong support of the City of Philadelphia for public sector workers whose rights and freedoms are threatened as the Supreme Court considers Janus versus AFSCME, and recognizing the important role unions play in raising standards for all workers.
Thank you very much, Council President. I move for the adoption of the resolution. (Duly seconded.)
It's Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it, and Resolution 180194 is adopted. Mr. Decker, 180196.
A resolution apologizing to the People's Republic of China for the damage caused by a visitor to Philadelphia to a World Heritage Artifact loaned by The Shaanxi Cultural Heritage Promotion Center to the Franklin Institute.
Thank you. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING All those in favor say aye. (Aye.)
The ayes have it. Resolution 180196 is adopted. Mr. Decker, please read the title of 180112.
A resolution proposing an amendment to the Educational Supplement to the Philadelphia Home Rule Charter relating to the eligibility, selection and removal of the Members of the Board of Education, relating to the Board of Education's responsibility for the administration of the School District, creating a Parent and Community Advisory Council, and providing for the submission of the amendment to the electors of Philadelphia.
This bill has been heard on two separate... Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING (Pause.)
For once I am right. Mr. Decker, you're right also. Thank you. Thank you. A little typo. So 180112 may say it's an ordinance on your Calendar. It's actually a resolution. So the Chair recognizes Councilwoman Blackwell for a motion on the resolution.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
Thank you. Because Resolution No. 180112 is a proposed amendment to the Home Rule Charter, it requires two-thirds vote. Mr. Decker, call the roll.
Councilwoman Blackwell. Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING
Councilwoman Parker. Stated Meeting March 8, 2018 3/8/18 - STATED - 2ND READING