COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 15, 2011 10:30 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 JACK KELLY COUNCILMAN JAMES KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI 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,
I note that the hour has come and that a quorum of this Council is present. Council will please 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 Pastor Elonzie Knight of Common Ground Ministries. He is here as the guest of Councilman Greenlee. I would ask all members and guests to please rise. (Members and guests rise.)
Father God, firstly, we come this morning with thanksgiving in our hearts for who you are in our lives. Secondly, Father, I thank you for this Council, oh God, of men and women who you have called to do a mighty work. Thank you for this opening session, Lord. And I pray, Father, that you will grant wisdom to these Councilmembers, Father, that they will have the courage to do what's right for this city and for the people. I pray, Father, that you would cause them to have witty enriched to galvanize this city that would put Philadelphia back on the map the way that it used to be. Stop all petty indifferences, oh Lord. I pray that they will be unified in their endeavors, Father, to govern this city. I thank you for how you brought them back now. Now give them the courage to do what's right, and we'll be careful to give you the glory, to give you the honor. In Jesus' name, amen. (Amen.)
The Chair thanks Pastor Knight for his invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, September 8th, 2011. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, September the 8th, 2011 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, September 8th, 2011 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
Thank you. The Chair will dispense with the regular order of business to recognize the visitors and guests joining us in Chambers this morning. On behalf of all members of City Council, I welcome 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 Chair recognizes Councilwoman Miller, who will present a citation honoring Karen White. Would Ms. White and those accompanying her please join the Councilwoman at the podium. I see that Councilwoman Miller is being accompanied by Councilman Clarke. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. You know, it's so great when you turn on TV and you see someone that's homegrown. We love you. Honoring and recognizing Karen Malina White. The Council of the City of proud to honor and recognize Karen Malina White as a member of the Soka Gakkai International, SGI, a global Nichiren Buddhist organization, and for using her celebrity status to promote public education with a focus on peace, disarmament, nuclear abolition, human rights and sustainable development. Whereas, Karen Malina White was born in Philadelphia, Pennsylvania and raised in South Philadelphia. She attended the High School for Creative and Performing Arts. Karen furthered her acting studies at Howard University, where she became Miss Howard University, and earned a Bachelor of Fine Arts degree in drama and cum laude honors; and
Whereas, Karen is most known for her work in the film "Lean On Me" with Morgan Freeman and for her television roles on "The Cosby Show," "A Different World," "Fresh Prince of Bel-Air," "The Shield," "Strong Medicine," "Boston Public," "Bernie Mac" -- that's my man -- "Living Single" and "Malcolm and Eddie." Her voice can be heard as the character "DiJonay" on the Disney Channel's "The Proud Family." Her theatre credits include "Permanent Collection," "Salt Fish N' Bakes," "Chain," "Brown Silk and Magenta Sunsets," "The Talented Tenth," "In Search of Snow," "Fallen Angel" -- wow, how do you have time to do this today -South Coast Representative's West Coast Premier of "Crumbs from the Table of Joy" in which she originated the role of "Ernestine" and received her first NAACP Image Award. Her second Image Award was for her role as "Tanya" in "The Talented Tenth" by playwright and fellow Howard alum Richard Wesley; and Whereas, in August 2011, Karen was nominated for her third Image Award for her portrayal of five characters in Ifa Bayeza's "The Ballad of Emmett Till" for which she had already won The LA and the LA Ovation Award. Karen continues to excel in her first love, theatre. She just finished a run of "The Old Settler" at ICT in Long Beach, California. Karen has been traveling the country performing with Brian McKnight in the play "Cheaters," Vivica Fox in "It's Cheaper to Keep Her," Robin Givens in "Golddiggers" and R&B singer Avant in "Love Overboard." Karen has also performed in the independent film world on the award-winning short films "The Ties That Bind" starring opposite Marla Gibbs, "In Good Hands" with Art Evans and "Kissed by The Devil" with filmmaker M. Legend Brown; and
Whereas, when Karen is not acting, she spends her time coaching and mentoring young actors and artists. She is a lifetime volunteer with the SGI, an organization that believes that the development of peace, culture and education are essential to Therefore, by virtue of this citation, the Council of the City of Philadelphia does hereby honor and recognize Karen Malina White as a member of the Soka Gakkai International, a global Nichiren Buddhist organization, and for using her celebrity status to promote public education with a focus on peace, disarmament, nuclear abolition, human rights and sustainable development. With appreciation for all she does, we extend the sincere respect and admiration of this legislative body. Congratulations. (Applause.)
Thank you so much for this honor. Thank you, Councilperson Miller, her staff, Michael Moore. I want to also thank my mentor, Daisaku Ikeda. I am an artist, proud to be from this city. I hope to always Philadelphia. I'm an artist who believes that art must not only be entertaining, but it also must be functional. It must create value. Again, thank you so much for this honor. (Applause.)
The Chair now recognizes Councilwoman Blackwell, who will present a citation recognizing National Make Mine a Million $ Business Day. Would Ms. Bey and those accompanying her please join the Councilwoman at the podium.
Thank you, Madam President. We would like to note that the Vice-President of Programs and Education, Isisara, is here, as well as Stacy Straughter. And we would be remiss if we didn't note that Stacy of the Chairman of the Mayor's Commission on African and Caribbean Immigrant Affairs, Stan Straughter, who stands to my left against the wall. Thank you, Stan. (Applause.)
City Council, City of Philadelphia citation, recognizing National Make Mine a Million $ Business Day. The Council of the City of Philadelphia is pleased and proud -- are all of our folks here? Are we good? They're welcome to come forward with you. Anyone part of this group, please come forward and join us. Thank you, Madam President. City Council, City of Philadelphia citation, recognizing National Make Mine a Million $ Business Day. The Council of the City of Philadelphia is pleased and proud to join Merlino, founder of Count Me In for Women's Economic Independence, and co-sponsor, American Express Open, in introducing its program, "Make Mine a Million $ Business Day." Whereas, Nell Merlino, a Trenton native who initiated Take Our Daughters to Work nationally is the creative force behind yet another national initiative, Make Mine a Million $ Business, or M3 1000 for short. Since its launch in 2005, there have been 20 competitions throughout the United States; and Whereas, the goal of Make Mine a Million $ Business is to inspire one million women, entrepreneurs, to reach national revenues of $1 million in the next decade. It provides coaching, financing and marketing tools essential to women entrepreneurs to help grow their business from micro to millions; and Whereas, Count Me In offers a variety of national, local and online to create relationships, share wisdom, inspire each other. M3 1000 competitions are large, live events where nearly 300 women and entrepreneurs compete in a day-long business growth event; and Whereas, the next M3 1000 event and pitch competition is being held in Philadelphia on September 25th and 26th, 2011 at the Doubletree Hotel. To qualify, a business must have an annual revenue of 85,000 to 700,000, be at least 50 percent owned by a woman and have been in business for at least a year; and Whereas, M3 1000 competition consists of each participant making a two-minute pitch about her business to a panel of judges, who will select 75, quote/unquote "pitch winners" at the end of the competition on September 26th. The winners will get a $1,000 gift card from co-sponsor, American Express Open, plus professional business coaching and a chance to compete in a second round, 31st. Therefore, by virtue of this citation, the Council of the City of Philadelphia is pleased and proud to join Nell Merlino, founder of Count Me In for Women's Economic Independence, and co-sponsor, American Express Open, in introducing its program, quote, "Make Mine a Million $ Business Day," end of quote. We thank them for their tremendous efforts in sponsoring programs to help female-owned businesses grow to reach annual revenues of $1 million in the next decade. And we are happy to present this on behalf of all members of City Council and certainly feel that we can do it, ladies. Thank you very much. (Applause.)
Thank you. The Chair recognizes Ms. Bey for remarks.
Thank you. On behalf of Nell Merlino and the women and men of Make Mine a Million $ Business and all of the women that are here with me who are part of our steering committee for the event we're holding next week in your fair city, thank you for not only recognizing our organization, but for recognizing the courage and the fortitude and the independence and the initiative of the women in Philadelphia and Pennsylvania, surrounding states and other parts of the country who will be coming here next week to pitch their businesses and to pledge their dedication toward making million-dollar enterprises to the benefit of this city and our country. Thank you so much. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
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.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on September 14, 2011, I signed the following bill that was passed by Council at its session on September 8, 2011: Bill No. 110480; and I am transmitting herewith for the consideration of your honorable body an ordinance authorizing Bourse Mall Associates and Bourse Tower Associates, owners of the Bourse Building, 111 South Independence Mall East, to legalize various encroachments within the city right of way; and An ordinance authorizing Milk & Honey Limited Liability Company to construct, own and maintain an open-air sidewalk cafe at 4435 Baltimore Avenue; and An ordinance authorizing 4511 M&T Incorporated to construct, own and maintain an open-air sidewalk cafe at 4511 through 4513 Baltimore Avenue; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 18-S by striking from the City Plan and vacating the legally open portions of Shedwick Street from Reed Street to Wharton Street; and An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 292 and 321 by striking from the City Plan Delaware Avenue from Pennypack Street to its terminus approximately five-thousand five-hundred feet southwestwardly therefrom; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 118 by striking from the City Plan and vacating Clifton Street Berks Street; and An ordinance amending Bill No. 110135 (approved June 24, 2011), entitled "An ordinance to adopt a Capital Program for the six Fiscal Years 2012 through 2017 inclusive," by adding and revising certain projects, amounts and sources; and Also an ordinance amending Bill No. 110136 (approved June 24, 2011), entitled "An ordinance to adopt a Fiscal 2012 Capital Budget," by adding and revising certain projects, amounts and sources, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing Milk & Honey Limited Liability Company to construct, own and maintain an open-air sidewalk cafe at 4535 Baltimore Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing 4511 M&T Incorporated to construct, own and maintain an open-air sidewalk cafe at 4511 through 4513 Baltimore Avenue.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Greenlee.
Thank you. The Chief Clerk will please read the title.
An ordinance enacting a new Chapter 9-3600 of The Philadelphia Code, entitled "Bouncers," to require that bouncers employed at covered establishments be registered and receive proper training, to prohibit employers from employing unregistered or untrained bouncers and to permit employers to refuse to hire bouncers with certain past criminal convictions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title.
An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 292 and 321 by striking from the City Plan Delaware Avenue from Pennypack Street to its terminus approximately five-thousand five-hundred feet southwestwardly therefrom.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I offer two bills from the Administration and one bill on your behalf.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Bill No. 110136 (approved June 24, 2011), entitled "An ordinance to adopt a Fiscal 2012 Capital Budget," by adding and revising certain projects, amounts and sources.
The bill will be referred to the appropriate committee.
And an ordinance amending Bill No. 110135 (approved June 24, 2011), entitled "An ordinance to adopt a Capital Program for the six Fiscal Years 2012 through 2017 inclusive," by adding and revising certain projects, amounts and sources.
This bill will also be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 18-S by striking from the City Plan and vacating the legally open portions of Shedwick Street from Reed Street to Wharton Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer two resolutions.
Thank you. The Chief Clerk will please read the title.
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 Eleventh and Twelfth Wards of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next Council session.
And a resolution recognizing September 2011 as Childhood Cancer Awareness Month in honor of childhood cancer patients, care givers, survivors and those children who have succumbed to the disease.
This resolution will be placed on the Final Passage Calendar for consideration at our next Council session. The Chair recognizes Councilwoman Sanchez.
Thank you. The Chief Clerk will please read the title.
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 Seventh and Nineteenth Wards of the City of Philadelphia.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Jones.
Yes, Madam President. Good morning. I have one resolution co-sponsored by Councilman Goode and Sanchez.
Thank you. The Chief Clerk will please read the title.
A resolution supporting President Obama's urgent American Jobs Act and calling on Mayor Nutter to establish complementary job creation programs at the local level.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution this morning.
Thank you. The Chief Clerk will please read the title.
This resolution will be placed on the Final Passage Calendar for consideration at our next session of Council. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one bill.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing Bourse Mall Associates and Bourse Tower Associates, owners of the Bourse Building, 111 South Independence Mall East, to legalize various encroachments within the city right of way.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 118 by striking from the City Plan and vacating Clifton Street from Montgomery Avenue to Berks Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. We have no reports from committees. We will now go into special business. We will now proceed under a order of business, a motion that Council reconsider the vote by which Bill No. 110443 was passed. This bill was passed by the Council at its June 16th, 2011 session and was returned disapproved by the Mayor at the session on September 8th, 2011. At this time, the Chair recognizes Councilwoman Tasco.
Madam President, I move that Council reconsider Bill No. 110443, which was approved by City Council on June 16th, 2011.
Madam President, are you going to read the title of the bill so we know which one it is?
All in favor let it be known by saying aye. (Aye.)
The ayes have it, the motion carries, and Bill No. 110443 will be reconsidered at the end of today's Calendar. We will now consider a motion that Council reconsider the vote by which Bill No. 080474-AA was passed. This bill was passed by the Council at its June 16th, 2011 session and was returned disapproved by the Mayor at our session on September 8th, 2011. At this time, the Chair recognizes -
Thank you, Madam President. I move that Council reconsider the vote on Bill No. 080474-AA.
All in favor let it be known by saying aye. (Aye.)
The motion carries. Bill No. 080474-AA will be reconsidered at the end of today's Calendar. The next order of business is the consideration of the Calendar. As there are no bills on the First Reading 2ND READING Calendar for today, the Chair recognizes Councilwoman Tasco for the purpose of calling the bills and resolutions to be considered on the Final Passage Calendar.
Thank you, Madam President. I move that the rules of Council be suspended to permit the use of a Consent Agenda to consider the following resolutions on the Final Passage Calendar: Resolution Nos. 110540, 110567, 110568, 110569, 110570, 110573, 110574, 110575, 110577, 110578, 110579, 110580, 110581, 110582, 110583, 110584, 110585, 110586, 110587 and 110590.
Good. Thank you, Wilson. It has been moved and seconded 2ND READING that the rules of Council be suspended so as to permit the use of a Consent Agenda to consider the resolutions just read by Councilwoman Tasco. All in favor will indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and we will consider the Resolution Consent Agenda shortly. The Chair again recognizes Councilwoman Tasco for the purpose of calling up bills and resolutions on the regular Second Reading and Final Passage Calendar.
Thank you, Madam President. In addition to the resolutions being considered on the Resolution Consent Agenda, the following resolutions and bills are being called up from the Second Reading and Final Passage Calendar: Bill 110571, 110588, 110181-AA, 100012 and 110441. 100200 is being amended. All other bills and resolutions are being held.
Thank you. Before considering these bills and resolutions, we will consider public comment as follows: Your public comment must concern matters on the Second Reading and Final Passage Calendars for possible action at today's Council session. All speakers must sign up in order to testify. If you have not already done so, you may sign up at the desk with the Sergeant-of-Arms, which is to my left. You will be called in the order in which your name appears on the sign-up sheet. You will have up to three minutes to speak. I would ask the Chief Clerk at this time to please call our first witness.
Consul General Daniel Kutner of the Consulate General of Israel in Philadelphia.
Thank you. Please come to the microphone and give your comments. (Witness approached witness stand.) CONSUL GENERAL KUTNER: Madam President, City Council members, thank you for having me here today. I would also like to thank Councilman Brian O'Neill for introducing this important Council resolution, which is based on U.S. congressional legislation that has received overwhelming bipartisan support that state official is grateful for our unbreakable friendship. A Palestinian unilateral declaration of an independent state will be a premature act, and I would like to briefly explain why. First of all, Israelis want peace. Speaking as a father of two daughters living in Israel, I would like to know -- I would like them to know of war only as a distant memory. Israelis are peace-loving people. We share the same values of democracy and freedom. Israelis are not against a Palestinian state. They are only against it being declared unilaterally. A Palestinian state can only be born through negotiations. Unfortunately, this is not -- there are no shortcuts. Negotiations are the only way to resolve the core issues of borders, Jerusalem, refugees, water, security and recognition. None of these issues can be resolved by a UN declaration. None. Israel has proven that it can make painful sacrifices for the sake of a lasting peace. We have proven our willingness to negotiate land transfers by giving up the Sinai Peninsula for peace in Egypt and leaving the Gaza Strip in South Lebanon when we hoped it would bring peace too. A unilateral declaration violates existing Palestinian-Israeli bilateral peace agreements; most notably, the Palestinian-Israeli interim agreement from 1995, which expressly prohibits unilateral actions by either side. Recently, the Palestinian Authority agreed to negotiate a power-sharing agreement with Hamas, a dangerous terrorist organization that controls the Gaza Strip and whose expressed purpose is the destruction of Israel. Hamas kills and oppresses its own people and rejects the most basic conditions of the international community. Supporting the unilateral declaration while Hamas is a partner of the Palestinian Authority would be construed as a de facto international recognition of its legitimacy. The international community should not allow that to happen. Palestinians will only attain statehood by reaching a negotiated agreement with Israel. Trying to avoid negotiations through a UN resolution will probably raise expectations, generate violent clashes in the ground and harm the chances of reaching a real peace. Thank you very much.
Reverend Bill Borror, commenting on Resolution 110588. (Witness approached witness stand.)
Madam Council, Councilman, thank you very much for letting me be here. I'm a member of the Philadelphia Presbyterian. I also currently serve on a national Middle Eastern monitoring group for our denomination. If I really felt that this resolution would bring about peace between Palestine and Israelis, if I really felt this resolution would make the world safer for Muslim, Christian and Jewish children, then I would be 100 percent behind this. But it's not. I understand the frustration of the Palestinian people. We all should be frustrated with where the peace process is right now, and everybody is responsible for that. But this is a shortcut that will only put the United States in a difficult position, and we are an essential partner both for the Palestinians and the Israelis in this process. It also gives a cynical opportunity for powers in the region who are trying to take advantage of the current transitional stage that's going on in the Arab world. It gives also an opportunity for the international community to once again take a shortcut and not really take responsibility for the hard work that can only happen between negotiations between Israelis and the Palestinians. Some may question why the Council of Philadelphia would speak to this. Some may question why a Presbyterian minister is talking about it. But I think in a time where we have a lot of trivia and public debate, I would like to applaud the City Council affirming the Senate's reasonable and I think positive affirmation of the only way this issue is going to be solved. Thank you very much.
My name is Cindy Jarvis. I'm the minister of the Presbyterian Church of Chestnut Hill. I am absolutely for Palestinian independence and I am for an independent state that recognizes Israel as an independent state. Knowing that the United States will veto this bid in the Security Council by the Palestinians, my question today is what to do that would make a difference. Supporting the current bid of Palestinians for statehood would be a pyrrhic victory right now, I believe, without a mutual recognition of the right to exist. Because I am less interested in my own righteousness and more inclined to seek what is politically possible, because I am a Calvinist and with our President and a reader of Reinhold Niebuhr, I'm deeply aware that even especially in our highest deeds, we are filled with self-deceit and full of folly. Therefore, I believe the most important and realistic action to take at this point in history is to redouble our efforts as a nation to bring both sides to the negotiating table for their sake, for the sake of the world. And I, therefore, urge you to add the voice of the City of Brotherly Love to the many other voices seeking to make human life human in the Middle East by putting pressure on our government to bring Israelis and Palestinians back to the negotiating table. Thank you.
Madam President, distinguished members of City Council, good morning. My name is Marc Zucker and I appreciate the opportunity to speak on behalf of the Jewish Community Relations Council of the Jewish Federation of Greater Philadelphia, which serves the needs of the Jewish community both locally and overseas with ten constituent organizations and thousands of volunteers over the course of its 72-year history engaging in community relations, government affairs, social action and advocacy. Once again, called upon to serve as the voice of the local Jewish community, we urge you to endorse City Council Resolution 110588 introduced by Councilman O'Neill reaffirming the U.S. commitment to support direct negotiations between Israel and the Palestinians. We believe that if allowed to proceed, the Palestinian Authority's so-called Unilateral Declaration of Independence would deal a significant blow to that peace process. We join the Obama Administration and Congress in opposing these tactics, which repudiate the central principle of the peace process, that the solution to the conflict can only be the result of direct and bilateral negotiations between the Israelis and Palestinians. Indeed, Jewish organizations from all ends of the spectrum share the belief that the anticipated UN action is ill conceived, counterproductive and dangerous. Let there be no mistake, the Jewish community both here and abroad and the Israeli government itself is on record as deeply committed to a permanent settlement of the Israeli-Palestinian conflict, one that establishes two prosperous and secure states. A Unilateral Declaration of Independence, however, would undermine this goal, bypassing the need to resolve such core issues as the status of Jerusalem, the designation of secure borders and the need for Hamas to renounce its stated goal of destroying Israel. Peace between Israelis and Palestinians is not just an issue on the national and international stage. Many residents of Philadelphia, Christians, Muslims and Jews, have relatives and friends who live and study in the region. Philadelphia-based businesses and organizations with ties to Israel will thrive if peace comes to the region. The residents of Tel Aviv, our sister city, should know that the Philadelphians support Israel's desire to live in peace with all her neighbors. As reflected in the unrest that is sweeping across the Arab world and in particular last week's Egyptian mob attack on the Israeli Embassy in Cairo, it does not take much to set off violence in the region. Israel will be forced to respond and will rightly claim that she has no true partner for peace, thus making it even harder for the parties to get back to the negotiating table. We urge you to support Councilman O'Neill's resolution, which rejects these destabilizing actions and reasserts America's longstanding commitment toward achieving a peaceful solution that meets the needs of Palestinians and Israelis alike. Thank you.
Tom Tropp, commenting on 110588. (Witness approached witness stand.)
Madam President, Councilmembers, my name is Tom Tropp and I'm the President of the Regional Office of the American Jewish Committee. First of all, thank you for this opportunity to address you. The American Jewish Committee supports Resolution 110588. The resolution reaffirms the U.S. commitment to a negotiated settlement of the Israeli-Palestinian conflict. The American Jewish Committee supports the creation of a Palestinian state as a homeland for the Palestinian people. It is not the end result of Palestinian state, but rather the method of achieving it by unilateral declaration that we oppose. We want to see a Palestinian state living in peace next to its neighbor, the Jewish state of Israel. When that happens, one of the enduring conflicts in the Middle East will have been resolved. A true Palestinian state and a true peace will only be achieved by direct negotiations between Israelis and Palestinians. To quote the Secretary of State, the only way of getting a lasting solution is through direct negotiations between the parties, and the root to that lies in Jerusalem and Ramallah, not New York. A unilateral declaration is sure to produce problems that will make the conflict more difficult to resolve, thereby postponing the creation of a Palestinian state and the realization of peace. For these reasons, the American Jewish Committee and my person is here to urge you to adopt Resolution 110588. Thank you.
Good morning. My name is Marwan Kriedie. I'm with the Philadelphia Arab American Community. I have leadership in various different organizations in the City. And I'm going to urge every City Council person here to vote against it, and I'll tell you why. Simply just a few reasons. One, we shouldn't be bringing up divisive resolutions in City Council. Your Arab American, Muslim American constituents are in favor, at least if they're not -- they're mostly in favor of the Unilateral Declaration of Independence. If you read this resolution, it's one-sided. Everything is against the Palestinians. Everything is against your constituents who are Arab Americans and Muslim Americans. Second, how many people here realize or understand and see the irony of the birth place of American independence? This is what we are in Philadelphia. One mile from here is the Independence Hall, where we as Americans over 200 years ago voted for our own unilateral independence. Let's not take away that from the Palestinians. Let them organize and vote for independence. We are the City of independence. We should not be arguing against someone else's independence. Thirdly, I think it's very important that -- I'm someone who has had a very strong relationship with the peace process my whole adult life. I was in spring -- September 1993 in the White House lawn where the Israelis and Palestinians started the peace process. Nothing has happened since then. It's been a series of failures for the Palestinians. So I'm very much committed, as is my community, very much committed to the peace process. But how do we do that? We don't do that by arguing against unilateral moves by one party. We also have a very strong relationship with the Jewish community in Philadelphia, and I'm very proud of that, and the relationship with the Jewish community is going to continue and it's going to progress well in Philadelphia. So I urge that we either vote against it or add some kind of language -- and I met with Councilman O'Neill -- some kind of language to instead of just condemning one side's unilateral actions, which is the Unilateral Declaration of Independence, my suggestion was why don't we condemn all sides' independent unilateral declarations. My suggestion was, let's add language that says the Council also condemns the settlement building on Palestinian lands. The creation of settlements and the population of settlements contrary to American foreign policy and contrary to the Obama Administration is the single worst aspect that is destroying the peace in the Middle East. So I would urge you either to vote against it or to compromise it and add some language to make this resolution non-divisive and that will represent both sides, not just your -- and will not get your Arab and -- not represent your Arab and Muslim American constituents. Thank you very much.
Myles Gordon, commenting on 110588. (Witness approached witness stand.)
Thank you, Madam Council President and Councilmembers. I'm in support of Resolution 110588. I am a Philadelphia resident. I recall 1978 when Jimmy Carter attained his greatest achievement in office. That was peace between enemies for life, peace between Israel and peace between Egypt. Anwar Sadat literally lost his life because he forged this peace agreement, because he was unfortunately assassinated three years later, and that was probably the reason for it. But he had fought wars with Israel from 1956 on, and finally after war after war, Israeli and Egyptian dying and being slain, raped and robbed, beaten, slaughtered, bombed and everything else, he decided there was a better way, and that way was peace. Jimmy Carter didn't think it was going to happen at Camp David, but he kept at it, and eventually President Sadat and Prime Minister Begin got the peace that we looked for for 33 years. We hope it continues, although Egypt is now under some change. I support this, because any kind of peace is better than war. Any kind of peace is better than violence, killing, murder, bombing or anything else. It may not be a perfect peace at first, but they can continue to work on it. Sitting at the peace table, breaking bread, drinking a glass of Manischewitz, which admittedly I've had a few too many of in my lifetime, having hummus and bread, any way it takes to get peace here will be better than war, and let's try to get that peace as quick as possible. Thank you.
Susan Landau, commenting on 110588. (Witness approached witness stand.)
Good afternoon. I'd like to speak against Councilman Brian O'Neill's resolution. Philadelphia City Council should focus on issues that concern Philadelphia, not divisive conflicts in the Middle East. My name is Susan Landau. I live in East Falls, Councilman Curtis Jones's district. I am a longtime member of Congregation Mishkan Shalom, which is the largest congregation in the 4th District. I too am here as an affiliated and active member of the Philadelphia Jewish community. I speak for myself, though I know that my position on this matter is shared by fellow congregants and many others in the Philadelphia Jewish community. I appreciate the work of City Council toward the betterment of Philadelphia, but I ask you, why is City Council reaching out to get involved in supporting legislation that is divisive within the Muslim, Jewish and Christian communities and has nothing to do with the City of Philadelphia? Matters related to Israel and Palestine go well beyond the purview of this body. This resolution does not represent me as a Jew or as a Philadelphian. There is no decision that City Council can make that will garner favor among the Philadelphia Jewish community, because we are not monolithic, we do not speak in one voice, and there is no consensus within the Jewish community on the subject of what will bring peace and justice to Israel and Palestine. I urge you to forego further consideration of this resolution and get back to your work around issues that concern Philadelphia, such as funding for public education and the rampant unemployment of Philadelphia residents. Thank you.
Thank you. My name is Howard Katzoff and I am Executive Vice-President of Congregation Shaare Shamayim within Councilman O'Neill's district. In 1967, the UN established a Resolution 242, which said security must be accomplished through negotiations so that all states can live in peace within secure borders. Israel in 1967 accepted that resolution and the Palestinians rejected it. To this day, the Palestinian Authority does not recognize the Jewish state of Israel, has not stopped teaching hate and inciting their population, and certainly has not renounced terror. Israel is willing to sit down anywhere, any time to negotiate without pre-conditions, and the Palestinian Authority wants to avoid a negotiated settlement of all the issues and refuses to accept the formula of two states for two peoples. And to make matters worse, PA President Abbas has declared that no Jews will be allowed to live in this unilaterally established state of Palestine. Think about that. The UN General Assembly vote is merely a license for the Palestinian Authority and for Hamas to continue its terror and to kill Israelis, which they do with very, very effective terror almost each and every month. On a personal note, my wife and I have been under rocket attack in the southern city of Sderot, where you have 15 seconds to seek shelter, and we were 40 yards away from a bomb attack just this past March at a bus station in Jerusalem, and we've been in the town of Itamar in March, days after the massacre of the Fogel family, including three children. And I would like the Council -- that this be displayed for Council's benefit of the bicycles of the children up against their home just three days after that massacre. Imagine Philadelphia surrounded by a Commonwealth of Pennsylvania on three sides with the Delaware at its back, much like Israel is surrounded by enemies with the Mediterranean at its back, and that Commonwealth says no one -- we will independently establish a state independent of Philadelphia, but by the way, in that independent Commonwealth, there will be no one living there of African American descent, Hispanic descent or Jewish descent. Can you imagine? That is what this state will be. No Jews will be allowed to live in that unilaterally established state. We thank Councilman O'Neill for Resolution 110588, and we urge passage supporting the congressional act as well. Thank you very much.
Brett Goldman, commenting on 110588. (Witness approached witness stand.)
Good morning. My name is Brett Goldman and I am from Fox Chase in Northeast Philadelphia. I was asked by my fellow members of the American Jewish Committee to join them here this morning because of my experiences living in Israel over the past few years and having just returned from Israel last week on a month-long business development trip in Tel Aviv and Jerusalem. Having been in Israel during the height of the recent social protests and also having worked on several second-track diplomacy initiatives, I've had the opportunity to develop friendships with both Israelis and Palestinians. During the last month it's been very apparent through conversations with my Israeli and Palestinian friends that there is a sense of understanding and even urgency in the matter of a Palestinian state, and a Palestinian state will be a reality. However, this reality is based on the creation of a Palestinian state based off of bilateral and multi-lateral negotiations and not a Unilateral Declaration of Independence. It should be clear from the comments prior to mine that a Unilateral Declaration of Independence is a detriment to the safety, security and stability of the region and a detriment to the long-term peace process, and I urge you to support Resolution 110588. Thank you very much.
Robert Zuritsky, commenting on Bill No. 110181-AA. (Witness approached witness stand.)
Good morning. I'm here to comment on the parking tax bill legislation. I am here representing the Philadelphia Parking Association, our 2,500 employees and as well as the tens of thousands of commuters and shoppers who come to our great city every day and depend on our services. I am also here representing my company, Parkway Corporation, a business that's -- a company that's been in business in Philadelphia for over 80 years. I'm third generation in this family business, and I'm here again to ask for the tax relief so we can take some of the pressure off of our industry. Our business has suffered with four years of a recession, but on top of that, all of -- we had to deal with four tax increases at the same time. My company employs 500 people. For a privately held company, that's one of the larger companies in the City, and we do a lot of good business and good things for the City, but -- and this bill gradually softly rolls the tax back. It doesn't start until Fiscal Year 2014, and it doesn't even roll it back to where it originally was, where we were the highest taxed industry at that point. The City needs to encourage healthy tax policy. They have to go after, which they already are doing, going after the bad operators, not punish the honest companies who pay all of their taxes. Philadelphia has a chance, the opportunity to show the rest of the country one of the first -- the first city in the country to roll back this onerous tax, and this should show progressive tax policy in the City. I am sure, I am absolutely sure that working with private industry and the City going after with L&I and with the Revenue Department, I am sure that the taxes would be replaced and enhanced, and the proof of that is in the PICA report. Two months in a row for this year, the PICA report has shown that the parking tax is the only tax that is ahead of budget. It's the only tax that is showing more collections. We attribute that to the work we have done to draw attention to the 35 percent of the parking facilities that are not licensed in this city. The City is doing something, they are going after them, and the press has helped to do this. I am absolutely sure -- we're already collecting more than it's projected, and I am absolutely sure if the City continues to work for us, the City will collect more revenue than they are even if they roll back this tax that starts in 2014. Thank you. Thank you for the opportunity.
Is there anyone else who has signed up to provide public comment on today's agenda? (No response.)
Seeing none, that concludes our public comment period. We will now consider today's Resolution Consent Agenda. After each title is read, any member may object to the inclusion of the 9/15/11 - STATED - 2ND READING resolution on the Consent Agenda. Upon such objection and without debate, the resolution will be immediately removed from the Resolution Consent Agenda and placed on today's regular Final Passage Calendar. The Clerk will now read the titles of the resolutions on the Consent Agenda.
Resolution No. 110540, entitled "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-Second Ward of the City of Philadelphia"; and Resolution No. 110567, entitled "A resolution authorizing City Council's Joint Committees on Legislative Oversight 9/15/11 - STATED - 2ND READING and Education to hold public hearings on establishing a Philadelphia School Construction Commission to conduct a needs assessment and use and capacity study of the Philadelphia Public School buildings"; and Resolution No. 110568, entitled "A resolution recognizing, honoring and thanking Reverend Ed Hallinan for his dedication and contributions to St. Martin de Porres Catholic Church, its parishioners, and the City of Philadelphia"; and Resolution No. 110569, entitled "A resolution honoring and congratulating Peter S. Longstreth on the occasion of his retirement from the Philadelphia Industrial Development Corporation after ten years of service as President"; and Resolution No. 110570, entitled "A resolution also naming Chestnut Street from Thirty-First Street to Thirty-Third Street as 'Papadakis Place'"; and Resolution No. 110573, entitled 9/15/11 - STATED - 2ND READING "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-Sixth Ward of the City of Philadelphia"; and Resolution No. 110574, entitled "A resolution amending Resolution No. 110453, approving the annual Program Statement and Budget for the expenditure of the Neighborhood Transformation Initiative Bond Proceeds for Fiscal Year 2012"; and Resolution No. 110575, entitled "A resolution declaring October as 'Domestic Violence Awareness Month'"; and Resolution No. L. Magazine which is geared for young people with disabilities"; and Resolution No. 110578, entitled "A resolution proclaiming September 23rd thru October 1st of 2011 as 'Praise is the Cure Week' in Philadelphia"; and Resolution No. 110579, entitled "A resolution proclaiming the weeks of October 3, 2011 and October 10, 2011 as 'State of Young Philly Weeks,' and honoring Young Involved Philadelphia"; and Resolution No. 110580, entitled "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 Fifty-Second Ward of the City of Philadelphia"; and Resolution No. 110581, entitled 9/15/11 - STATED - 2ND READING "A resolution acknowledging and honoring the Philadelphia Anti-Drug/Anti-Violence Network for their ongoing work and commitment to promote community safety through services that reduce drug abuse and violence as well as to help at-risk youth develop positive alternatives that will return them to the mainstream of society"; and Resolution No. 110582, entitled "A resolution acknowledging and commending the City's Managing Director's Office of Emergency Management and all the City departments for their exemplary performance in response to Hurricane Irene, in the aftermath of an earthquake and followed by a tropical storm"; and Resolution No.
110583, entitled "A resolution authorizing the Committee on Education to hold hearings to investigate the care of school property policy for the School District of Philadelphia as it relates to the distribution, collection and return of 9/15/11 - STATED - 2ND READING textbooks and to evaluate and determine best practices for further efficiencies"; and Resolution No. 110584, entitled "A resolution authorizing Council's Committee on Public Health and Human Services to hold public hearings for the purpose of examining existing programs and services available to at-risk adolescent girls; examining methods of continuing and strengthening such programs and developing new programs; and exploring potential sources of funding, in order to encourage young women to follow pathways that lead to the completion of their educations, economic independence and good citizenship"; and Resolution No. 110585, entitled "A resolution recognizing Temple University's Temple 20/20 Scholarship Program"; and Resolution No. 110586, entitled "A resolution designating the week of Monday, October 3 through Monday, October 9/15/11 - STATED - 2ND READING 10, 2011 as 'Christopher Columbus/Italian American Heritage Week' in the City of Philadelphia. This is done in celebration of the festivities commemorating Columbus' historic voyage to the New World and honoring Joe Piscopo as the Grand Marshall of the 2011 Philadelphia Columbus Day Parade"; and Resolution No. 110587, entitled "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 and Thirty-Ninth Wards of the City of Philadelphia"; and Resolution No. '"
The Chair recognizes Councilwoman Tasco for a motion to adopt each of the resolutions -
-- on the Resolution Consent Agenda. I'm sorry. Councilman Clarke.
Madam President, we'd just like to note for the record that Resolution 110540 is being held at the request of the sponsor.
I move the 9/15/11 - STATED - 2ND READING adoption of each of the resolutions on the Resolution Consent Agenda. (Duly seconded.)
It has been moved and seconded that each of the resolutions on the Resolution Consent Agenda be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and each of the resolutions of the Resolution Consent Agenda has been adopted. We will now consider the bills and resolutions on the regular Second Reading and Final Passage Calendar. The Clerk at this time will please read Resolution No. 110571.
A resolution approving the Drexel University Proposed 9/15/11 - STATED - 2ND READING Revision to its Institutional Development District Master Plan pursuant to Chapter 14-1107(c) of The Philadelphia Code relating to, "Zoning and Planning."
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110588. 9/15/11 - STATED - 2ND READING
A resolution supporting United States Senate Resolution 185 and United States House Resolution 268 - reaffirming the commitment of the United States to a negotiated settlement of the Israeli and Palestinian conflict.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The record will indicate that Councilwoman 9/15/11 - STATED - 2ND READING Sanchez -- anyone else?
Councilwoman Sanchez is voting no. Councilwoman Miller is abstaining. All others are -- oh, Councilman Jones.
I'm surprised you're so quiet. Okay. Councilman Jones is also voting no. I believe all other Councilmembers have voted in the affirmative. Therefore, the resolution is adopted. The Clerk will please read the title of Bill No. 100200-A.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-231, entitled "Residential District Rules and Exceptions," by providing for restrictions on placement, installation 9/15/11 - STATED - 2ND READING and maintenance of certain satellite dishes and antenna.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
I'm sorry. We're at that point. Sorry, Madam President. I had my Legislative Assistant in my ear about another matter. Madam President, what I would like to do at this time is call for an amendment to Bill No. 100200, also known as the satellite bill.
Yes. We have circulated those amendments. Essentially what the amendments do, Madam President, during the course of the 9/15/11 - STATED - 2ND READING conversation, this bill, which essentially requires that the installation of satellite dish, if at all possible, be placed somewhere else other than the facade of those buildings. As you know as you drive down some of the streets, you see these things sticking out all over the place, and they're quite ugly, if I have to say so myself. During the course of the negotiations, we've attempted to get them to agree to a process that will allow the installation in the rear or on the roof, somewhere else other than the facade. There is some tentative agreement on that part. The second part is trying to come up with a camouflage approach as opposed to simply a silver dish across the City of Philadelphia. This particular amendment will essentially -if the satellite dish cannot be placed in the rear or on the roof, somewhere else other than the facade, it will require 9/15/11 - STATED - 2ND READING that a camouflage approach be used on the dish that are placed on the facade. So with all of that, I'd ask for adoption of the amendment to Bill No. 100200. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Clerk will please read the title of Bill No. 110181-AA.
An ordinance amending Chapter 19-1200 of The Philadelphia Code, entitled "Parking Tax," by providing for scheduled reductions in the rate of the tax beginning in Fiscal Year 2012. 9/15/11 - STATED - 2ND READING
This bill -- the Chair recognizes Councilman Green.
Thank you, Madam Chair. I want to speak on this bill briefly before the vote and in hopes to avoid a vote. I oppose the parking tax. I opposed the parking tax in 2008. I think it's a bad tax. It singles out a single industry and puts a portion of the burden on them that is disproportionate and unfair. Unfortunately, the City of Philadelphia has many bad business taxes. This will take significant -- I can't remember the exact number. I'm sure Councilman Kenney will correct me -- $14 million, $16 million out of the Five Year Plan. I recognize that that does not begin until 2014. There are many changes that need to be made to the business tax code. We want a broad-based low rate tax. 9/15/11 - STATED - 2ND READING Councilman Kenney has an excellent idea for exempting the first two years of new businesses coming to the City of Philadelphia. That will cost millions of dollars. Of all of the bad business taxes, this one is not the worst, and I think that what we need to do is take a look at all of the business taxes and lower them at the same time. And also I have talked to the industry about this bill and I have suggested that it would be -- they have proposed a way to pay for this. The way to pay for it is through L&I enforcement. They think that through L&I enforcement we can gather the money to pay for this. My proposal was to, after we actually get the money in, lower the tax the next year. I'm still willing to do that. I'd like to continue those discussions, and so I would ask the sponsor to hold this bill, and if it's not held, I will be voting no today. 9/15/11 - STATED - 2ND READING Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I also agree and echo the sentiments of Councilman Green. As many of my colleagues know, for three years we have been working aggressively with the Administration to make Philadelphia a better city for businesses, and we are very close to being able to come up with a solution that will provide a business tax cut more fairly; in particular, small businesses, who we count on in this economy to create jobs. And while, again, I also agree that this is a bad tax, I would like the sponsor to hold it and that this be added as part of that conversation about how we offset this and pay this in light of the fact that we may have some solutions around the BPT and small business taxes 9/15/11 - STATED - 2ND READING on gross and net and some other things that we're working on. So I think this has to be added to that conversation. I'd hate to see this type of revenue be taken from the budget at this time. My colleagues all know that the revenues are down. I hate to see services be impacted, and I'd hate for us to enter into a discussion for next year's budget starting with a bigger deficit. I think that there's a way that there could be a win-win for everyone, and if this is called up, I will also have to vote for it at this time, against it at this time.
Thank you. The Chair recognizes Councilman Kelly.
Yes. Thank you, Madam President. I agree with my colleagues, Green and Sanchez, and I would like to ask the sponsor to hold 9/15/11 - STATED - 2ND READING this bill. I would like to have some assurance from L&I that they are going to enforce and force the people that currently are not paying their fair share on this bill. And since it doesn't really come up to 2014, I think we have a lot of time to work on this bill. So I'd ask the sponsor to hold it up for today. Thank you.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. Three years ago we did two things. We raised the parking tax from 15 percent to 20 percent. We also approved a bill that I introduced to lower business taxes. Because of the economic recession, we had to scale that back, and so what we did was actually raise a parking tax to enable more comprehensive business tax reform and then we stalled more comprehensive 9/15/11 - STATED - 2ND READING business tax reform. I believe because we stalled business tax reform, we did the wrong thing on the parking tax. So I will be voting in favor of this bill. I believe that when we revisit the issue of comprehensive business tax reform, we should also revisit the issue of the parking tax, but we should undo what we did three years ago, because we did it in conjunction with comprehensive business tax reform and then we stalled it. Thank you.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam Chair. My recollection of the parking tax was that the lowering of the -- or the increasing of the parking tax was to pay for a 10 million dedicated funds for street repaving, which we did not actually end up putting in the 9/15/11 - STATED - 2ND READING budget, to pay for $4 million increased funding for Fairmount Park, which we ended up taking out of the budget, and other items. I don't remember it being directly tied to business tax relief. In fact, that's not how it was sold to us when it was passed. However -
-- my position remains clear. I think we need to hold this bill or I'll be forced to vote no. Thank you.
The Chair recognizes Councilman Goode for a point of information.
Just a simple point of information. Was that in the parking tax bill three years ago?
I don't intend to engage in a dialogue on this. 9/15/11 - STATED - 2ND READING I'm not under oath.
It was not in the parking tax bill three years ago. Thank you, Madam President.
Tax reform goes down with full valuation and all deliberate speed to integrate schools. It's one of those kind of things that we'll get to it when we get to it or we can begin the process now. So I'm going to be voting for this legislation to try to bring it, right size it now. Thank you, Madam President.
Thank you, Madam President. Given the healthy perspective and healthy debate that's happened so far on this bill, it's clear to me that there is still a number of points that need to be ironed out, worked through, talked through for all the 9/15/11 - STATED - 2ND READING reasons given, and my experience here is that when we have had healthy debate on a bill prior to a vote, that most often it's useful. It behooves the sponsor of the bill to consider holding the bill. Given the healthy debate, I will not be supporting this bill because there's still clearly enough more work to be done. Thank you, Madam President.
Thank you. Does anyone else want to be recognized? (No response.)
The Chair recognizes Councilman Kenney. I believe a motion is on the floor.
Is it a request or a motion? 9/15/11 - STATED - 2ND READING
I believe it's a request and a motion. We could vote on it. It doesn't matter.
This bill has been debated, has been vetted. We've had numerous hearings. It actually has -- any time you see two A's at the end of the bill, it's been amended twice. You're either for cutting taxes or you're not. I think we should run the bill, get it up or down, and we'll move on. So thank you.
Well, I think we ought to vote on whether we should hold it or let it go forward.
Oh, I'm sorry. I thought that was a motion 9/15/11 - STATED - 2ND READING that you made. Okay. The Chief Clerk will please call the roll.
The Chief Clerk will please read the title of Bill No. 100012 on .
An ordinance amending Title 6 of The Philadelphia Code, entitled "Health Code," by defining "Supermarkets," and excluding Supermarkets from the definition of Chain Restaurants, thereby exempting Supermarkets from menu labeling requirements applicable to Chain Restaurants.
Thank you, Madam President. I move that this bill be placed on the Suspension Calendar. (Duly seconded.)
It has been moved and seconded that Bill No. 9/15/11 - STATED - 2ND READING 100012 be placed on the Suspension Calendar. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Chief Clerk will please read the title of Bill No. 110441.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to convey to the Philadelphia Authority for Industrial Development, a parcel of land located at 1628 Fitzwater Street, for further conveyance.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please 9/15/11 - STATED - 2ND READING call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now have consideration of resolutions introduced with rules suspension. The Clerk will please read any additional resolutions on today's Calendar.
There are no other resolutions for consideration, Madam President.
Thank you. Council will now reconsider the vote by which Bill No. 110443 was passed. That is the DROP bill, Mr. Kenney. I see you're squinting. The Chief Clerk will please read the title of the bill.
Bill No. 110443, entitled "An ordinance amending Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' by amending the options for retirement benefits; in particular, amending Section 22-310, entitled 'Deferred Retirement Option Plan (DROP),' by making various changes to DROP to reduce its cost, including, but not limited to, changing eligibility requirements and the interest credited to DROP accounts; adding a new option for retirees to take a lump sum benefit at retirement, in exchange for an actuarial reduction of their regular monthly pension; and making conforming amendments to other provisions."
This bill having been read on two different days -
Thank you. Just a question on the outcome of this vote. The original bill passed 14 to three; is that true?
And I know I was one of the three votes against it. If we vote to sustain the Mayor's veto, then that bill is defeated, correct? That bill that passed by the Council is defeated and we would still have in place the original DROP legislation; is that true?
So voting to sustain the Mayor's veto puts us in a worse situation financially than voting it?
This bill having been read on two different days was duly approved by City Council on June the 16th, 2011 and returned to Council by the Mayor as disapproved at the session on September 8th, 2011. The question is shall Bill No. 110443 pass notwithstanding the Mayor's disapproval. Please note that a vote of aye is a vote to override the Mayor's veto and a vote of no is to sustain the Mayor's veto. At this time, I would ask the Chief Clerk to please call the roll.
Councilman DiCicco. COUNCILMAN DiCICCO: No. That's to sustain the Mayor's veto, right?
Just a moment. Just a moment, please. The Chair recognizes Councilman Clarke.
Madam President, can you repeat what you said, what the aye vote and the nay vote was for?
I will repeat it. An aye vote will be to override the Mayor's veto. A no vote is to sustain the Mayor's veto. So are we to start again? Okay, Councilwoman Blackwell, I voted aye.
Councilman Clarke, I believe you also voted aye.
Aye. The ayes are 17; the nays are zero. A two-thirds majority of all members having voted in the affirmative, the Mayor's veto is overridden. Council will now consider the vote by which Bill No. 080474-AA was passed. The Chief Clerk will read the title of the bill.
Bill No. 080474-AA, entitled "An ordinance enacting a new Chapter 9-3300, entitled 'Promoting Healthy Families and Workplaces,' to provide that certain employees are entitled to paid sick leave."
I thought we were moving to the Consent Agenda. Disregard, Madam President.
Thank you, Madam President. Obviously there's been a lot of discussion, a lot of information. I would add, in my opinion, a lot of misinformation given out on this bill, and I know we got a long day ahead of us still, but I want to make a couple quick points. We've heard all along about the worst-case scenarios of what will happen. This anti-business, all these bad things will happen. As been said before, there is one city where there is some kind of evidence of this, where we're not guessing, where we're not trying to look for the worst case. San Francisco passed this in 2006 as a ballot measure. In 2011, five years later -- and I know we're talking about lefty San Francisco here, but PricewaterhouseCoopers, a clear socialist organization, by the way, as everybody knows, named San Francisco the third best city for business and innovation in the world, not the State of California, not the United States of America, the whole globe. So if sick leave -- paid sick leave is so bad, how is San Francisco doing so well? Either they got magic fairy dust over there or something. (Applause.)
And just a couple other quick things. Other cities have passed this bill, two by city council legislation. Seattle just recently passed it, District of Columbia passed it. Milwaukee and San Francisco, as I mentioned earlier, by ballot measure. This issue is coming. Denver has a question on the ballot in November, which all polls show it should pass overwhelmingly. As far as passing overwhelmingly, every poll that's been taken, citizens of Philadelphia said this is a good bill, this is sound legislation. The majority of Councilmembers passed this bill. Now, again, I know there's been a lot of lobbying on both sides of this. One thing I have to point out that I'm disappointed in. This Administration and Mayor Nutter talks a lot about health issues, a whole lot about it. We hear about it all the time, just turned down money from the soda industry. He did not unfortunately, with all due respect to him, see fit to talk to Councilman Clarke or I after this bill was passed. In fact, he called us almost as he was at the press conference at the Chamber of Commerce vetoing the bill. I don't think that's communication. I don't think that's the way we're supposed to be doing things here, and I just think that that is the wrong way to approach legislation here. This is a sound piece of legislation. I think it should become the law of the City of Philadelphia. Now, I'll have a motion to make, but I think Councilman Clarke say something. Before I make that motion, I'd like to hold off.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I would like to say that being very candid early on in the process, while I was a prime sponsor of the bill along with Councilman Green and, you know, sometimes -
Greenlee. I'm sorry. That's in anticipation of a long afternoon. With Councilman Greenlee. And I was supportive, but I got to tell you, over the time as we moved through this process, Councilman Greenlee did not only a great job in working with the advocates, but he did a great job in that this was the right thing to do. (Applause.)
And my ability to get a hold on this and to become aggressively supportive, frankly speaking, got stronger as the opponents of this bill continued to lobby against it. And when I realized -- when I looked at the people day after day, Thursday after Thursday, to the point where people said, Darrell, will you please get that bill off the Calendar so we don't have to hear this, and I looked at those individuals and the question was asked of some of them, but I'm willing to bet every last one of those persons had sick day leave, right, in one way, shape or form. Some of them were bosses, so they didn't even have to call in sick. They just not show up. And I just saw the inequities in this whole process, where you have a group of individuals who are on the lower rungs of the pay scale, is primarily a lot of people who don't make a lot of money. A lot of them working in restaurants that if they don't show up, they don't make any money. I just saw the inequities in this whole thing. So I want to commend Councilman Greenlee for the great work he did on pulling this together, pulling together nine votes. I want to thank the nine members who were supportive, and I want to thank the other members, eight members, who considered it, in hopes that they will be supportive of Councilman Goode's bill as it moves through the process to bring the City into compliance with this particular code. And I, like Councilman Greenlee, agree, it's going to happen. It's just a matter of when, and I would hope during the course of the process of making it happen in the City of Philadelphia that people on the other side of the argument will take a proactive approach and try to figure out that this will work as opposed to simply saying it won't work and this is why it won't work. So, Councilman Greenlee, I just want to congratulate you and thank you for working together on this. You did a really good job. And to the advocates, I want to congratulate you all. I was very happy about what you did, with the exception of putting those flyers on my house, but I'm a public official, I understand all of that. AUDIENCE MEMBER: It won't happen again.
It won't happen again? Okay. So I just want to thank you. Thank you, Councilman Greenlee, personally so much for the great work that you did on this.
Very quickly. I certainly agree with Councilman Clarke in his praise of the advocates. They worked very hard. They had the facts behind them. And this is going to happen in the City of Philadelphia. Unfortunately, way back in the 1960's, the good sisters of Holy Child taught me how to count, and I know right now we don't have 12 votes. But, again, I say to the advocates, please hang in there. This is coming back. I promise if I'm reelected, I'm putting this back in. We're going to get this done in the City of Philadelphia. So with that, I reluctantly move that we table this bill. (Duly seconded.)
Thank sorry. There's a motion to table. All in favor will say aye. (Aye.)
Okay. We will now interrupt our Council session and we will be convening a hearing of the Committee of the Whole. I would say -it is now 12:10. Council will stand in recess until 2 o'clock, at which time we will then be having a public hearing of the Committee of the Whole on redistricting. Thank you very much. (Interruption of Stated Meeting for hearing of Committee of the Whole.)
We Stated Meeting. The Chair recognizes Councilwoman Tasco.
Madam President, I move that the rules of Council be suspended to permit the report of an additional committee. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit receipt of an additional committee report and the first reading of the bills at this time. All those in favor will please say aye. (Aye.)
The ayes have it with one aye. All those in favor will please say aye. (Aye.)
Madam President, some people -- what are we voting for?
On your motion. It's to permit the additional report and ask for a first reading on the bills, two bills.
The Chair recognizes Councilwoman Tasco for a report from the Committee of the Whole.
I move that the rules of Council -- the Committee of the Whole reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee of the Whole, to which was referred Bill No. 110546, entitled "An ordinance amending Chapter 20-500 of The Philadelphia Code, entitled 'Councilmanic Districts,' by revising the boundaries of councilmanic districts, under certain terms and conditions"; and Bill No. 110547, entitled "An ordinance amending Chapter 20-500 of The Philadelphia Code, entitled 'Councilmanic Districts,' by revising the boundaries of councilmanic districts, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
I move that the rules of Council be suspended so as to permit first reading of Bill Nos. 110546 and 110547. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the committee. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. I now note that the bills just reported from committee with suspension of the rules have been deemed to have had a first reading. The bills will be placed on the Second Reading and Final Passage Calendar for our next session of Council. That completes our Calendar for today. I know you are all disappointed that we're leaving so early. Are there any speeches on the part of the minority? (No response.)
Any speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, September 22nd, 2011, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, March the 22nd at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you all very much. (Stated Meeting adjourned at 5:00 p.m.) 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 on September 15, 2011, and that this is a true and correct transcript of same. MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)