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Minutes

Stated Meeting, December 14, 2017

Philadelphia City CouncilDec 14, 2017

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Stated Meeting December 14, 2017 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 14, 2017 11:10 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 December 14, 2017

Council President Clarke

We're going to start the Council session. Thank you very much. If the members will take their seat and the visitors can please retire behind the rail, we will get started. To give our invocation this morning, the Chair recognizes Reverend Bonnie Camarda of the Salvation Army and Vice President of the Hispanic Association of Clergy. She is here today as the guest of Councilwoman Quinones-Sanchez. I would ask all guests, visitors, and members to please rise. (Councilmembers, guests, and visitors rise.)

Reverend Camarda

Good morning. (Good morning.)

Reverend Camarda

Let us pray. But before I pray, I just want to today to think as we are coming to the holiday in the ABC of gratitude. I don't know Stated Meeting December 14, 2017 are, but if you think every good gift and every perfect gift is from above and come down from the Father of Light with whom there is no variation or shadow of turning, then my challenge to you this morning is as you go home and celebrate the holidays in any way you celebrate your holiday, go through the alphabet and use one word about A, think of what you're grateful for; B, maybe that you have been faithful this year to what you have done for what God calling you to do. Let us pray. Lord God, we thank you for your guidance and support throughout this year, and in this final meeting of the year of the City Council, we once again ask that you bless every Councilmember, every staff, every person in the City of Philadelphia. As you look at us, let us serve you. As we look forward to the fellowship of the holiday season, we ask Stated Meeting December 14, 2017 of your calling to care and fight for the least of these, including the elderly, the poor, the hungry, the homeless, and the sick. Please open our hearts to this group for whom the holiday may not be as joyful as ours. Please fill our hearts and minds of our gathered leaders with the love and wisdom required to discern what is good and right so they may solve the difficult challenge of the day according to your will. Father, we just pray that you will ask grateful hearts. (Speaking in Spanish.) Amen. (Amen.)

Council President Clarke

Council will be at ease. (Council at ease.)

Council President Clarke

Thank you very much. The next order of business is the approval of the Journal Stated Meeting December 14, 2017 meeting of Thursday, December 7, 2017, and the Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. I move that the Journal of the meeting of Thursday, December 7th, 2017 be approved. (Duly seconded.)

Council President Clarke

Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, December 7, 2017 stand approved. All those in favor say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and the Journal is approved. The next order of business is requests for leaves of absence, and the Chair recognizes Councilman Henon. Stated Meeting December 14, 2017

Councilman Henon

Thank you, Mr. President. On behalf of the majority, there are no requests of leave of absence today.

Council President Clarke

The Chair thanks the gentleman. The Chair now recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Mr. President. On behalf of the republicans, there are no requests for leave of absence.

Council President Clarke

The Chair thanks the gentleman. At this time, I would like to dispense with the regular order of business and I would like to welcome and thank everyone who has come down to witness their government in action. I anticipate that there will really be a level of witness of your government in action that maybe you haven't seen before, but we really appreciate you coming down today. Stated Meeting December 14, 2017 time, the Chair recognizes Councilwoman Blackwell, who will present a resolution recognizing Joseph Starinieri. Would Mr. Starinieri and those accompanying him please join the Councilwoman at the podium. (Councilmembers and guests approached podium.)

Council President Clarke

And joining Councilwoman Blackwell, we have Councilman Henon, Councilman Taubenberger, Councilwoman Parker, and Councilwoman Reynolds Brown and Councilman Greenlee.

Councilwoman Blackwell

Thank you, Mr. President. This is a special privilege for me because the individual we are honoring was principal of Sayre School, and Ms. Winder, who was with him and who was head of Home and School and still is, I've known so long. Her husband was on the waterfront with Lucien Blackwell when Lucien Blackwell was President of Local 1332 International Stated Meeting December 14, 2017 became Local 1291. So as you see, we go way back. We're friends in the struggle a long time, and the fight for the community has been one that we have enjoyed all these years up to and including today. So it gives me a real, real, real great pleasure to present this resolution to a gentleman who was there, who cares for children the way we need principals to today. Not to criticize anybody but to certainly let you know the kind of principal he's been, the kind of leader he is, and the kind of leader we hope will remain with us forever. City Council resolution recognizing and honoring Joseph M. Starinieri for his service as an educator and for his passion and dedication providing a quality education to underprivileged children. Whereas, Mr. Starinieri came from a family of educators. He attended Stated Meeting December 14, 2017 schools in Philadelphia, and graduated from St. John Neumann High School. He went on to graduate from West Chester University, receiving his Bachelor's Degree in both Special Education and Elementary Education; and

Councilwoman Brown

Whereas, in 1980, Mr. Starinieri began teaching at John Bartram High School. Within a few years, he became the Building Representative for the School as well as the Chairperson for Special Education; and Whereas, Mr. Starinieri pursued his graduate studies at Temple University where he received his Cooperative Education, Educational Administration and Supervisory Certificates. He also received his Superintendent's Letter from St. Joseph's University; and

Councilman Greenlee

Whereas, in 1991, Mr. Starinieri was appointed as the Assistant Principal to Stated Meeting December 14, 2017 in 1996, he was appointed as Principal at William L. Sayre Middle School. At Sayre, he was instrumental in developing a partnership with the University of Pennsylvania that led to one of the first community schools in Philadelphia; and Whereas, together with Penn, Mr. Starinieri developed a health center that services students, parents and community members. The center has also trained students for careers in the health industry; and

Councilman Henon

Whereas, Mr. Starinieri also led the successful transition of converting Sayre School from a middle school to a comprehensive high school. During his tenure at Sayre, Mr. Starinieri was instrumental in having the school achieve adequate yearly progress through the many professional development sessions for teachers and after school tutoring programs for students; Stated Meeting December 14, 2017 Whereas, Mr. Starinieri became the Principal of Dimner Beeber Middle School, where he developed a partnership with St. Joseph's University that included mentoring programs and a Saturday program;

Councilwoman Sanchez

Whereas, in 2015, Mr. Starinieri worked as a School Administrator for Chester County. He contributed to the development of programs for students receiving special education; and Whereas, Mr. Starinieri has been recognized for his contributions in the education community on numerous occasions. Every year the Sayre/Johnson Health Clinic gives out the Starinieri Award to an individual in West Philadelphia who serves and gives back their time and efforts to the community. In 2014, Mr. Starinieri was awarded the Columbus Forum's Dr. Rocco Gigante, Jr. Award for Outstanding Service as School Principal; and Stated Meeting December 14, 2017

Councilman Taubenberger

Whereas, Mr. Starinieri is currently an Adjunct Professor at West Chester University. He supervises special education student teachers in Philadelphia, Bucks County, Chester County, Delaware County and Montgomery County. In addition, Mr. Starinieri teaches graduate level courses at the university;

Councilwoman Parker

Now, therefore, be it resolved, that the Council of the City of Philadelphia does hereby recognize and honor Joseph Starinieri for his service as an educator and for his passion and dedication for providing a quality education to underprivileged children. Further resolved, that an engrossed copy of this resolution be presented to Mr. Starinieri as a sincere expression of the Council of the City of Philadelphia's gratitude, admiration and recognition. Stated Meeting December 14, 2017 (Applause.)

Council President Clarke

The Chair recognizes Ms. Watkins for remarks.

Ms. Watkins

It's an honor and a pleasure to be here today to stand beside Mr. Joseph Starinieri, a principal that work hard. I always tell him that his wife and his daughter really is the one that should get all the awards because of the time that he spent in the school teaching community workshops, doing all this time to be away from his family. So we are so grateful for Council to give this citation to Mr. Starinieri, but we want the Council, Mr. Star and everyone to know that all of it goes to his wife and daughter. (Applause.)

Council President Clarke

The Chair now recognizes Mr. Starinieri.

Mr. Starinieri

Good morning, everyone. (Good morning.) Stated Meeting December 14, 2017

Mr. Starinieri

I'd like to thank Councilwoman Blackwell, all the City Council members, Council President Clarke, my family, my friends, my students, former students, Green. We can't do it without guys like you, in all sincerity, and I appreciate everything that I had within my years at the School District of Philadelphia. Thanks again. (Applause.)

Council President Clarke

Council will be at ease.

Ms. Watkins

You know, you have to give your flowers to people while they're living, and one thing I'd like to state to Curtis Jones. Council Curtis Jones, I know you don't recognize me, but I recognize you. We worked together at Beeber. Okay? You brought me to your office so many, many times and you were there with me and Mr. Starinieri, and you helped us so many times. I just wanted to thank you again. Stated Meeting December 14, 2017 (Applause.)

Council President Clarke

Thank you. (Council at ease.)

Council President Clarke

Thank you very much, and congratulations. At this time, the Chair recognizes Councilman Green, who will present a resolution declaring December 1st World AIDS Day. Would Robb Reichard and those accompanying him please join the Councilman at the podium. (Councilmembers and guests approached podium.)

Council President Clarke

Joining Councilman Green, we have Councilwoman Bass, Councilwoman Blondell Reynolds Brown.

Councilman Green

Good morning. Unfortunately we were not able to present this resolution last week, but this is a resolution declaring --

Council President Clarke

Councilman, hold on one second. Stated Meeting December 14, 2017 Folks, could we please hold the conversation down. If you want to talk, go in the hallway. Thank you.

Councilman Green

Unfortunately we were not able to present this resolution last week, but this is a resolution declaring December 1st as World AIDS Day in Philadelphia. It's a very important issue that has not ceased to be a problem not only in our city or our Commonwealth or in our nation, and it's important that we continue to focus on the issue of AIDS and its impact not only in the nation, not only in the Commonwealth but also in our city. Whereas, the concept of observing World AIDS Day was the brainchild of Jonathan Mann, Director of the Global Programme on AIDS at the World Health Organization and, in 1988, at the World Summit of Ministers of Health, programs for AIDS prevention and the concept of a World AIDS Day was supported Stated Meeting December 14, 2017 and, in October, the United Nations General Assembly formally recognized this concept and the World Health Organization declared December 1st, 1988 as the first World AIDS Day; and Whereas, in 1996, an organization known as the Joint United Nations Programme on HIV/AIDS was formed to plan and promote the awareness of World AIDS Day and in 1997, UNAIDS strived to create an awareness regarding the causes of AIDS by propagating year-round communications through a campaign known as the World AIDS Campaign; and

Councilwoman Bass

Whereas, in addition to raising awareness, World AIDS Day is also about raising money, fighting prejudice, and improving education, because it is important to remind people that HIV has not gone away, and that there are many things that still need to be done; and Stated Meeting December 14, 2017 Whereas, there are an estimated 38.6 million people in the world living with HIV, including 10 million people between the ages of 15 and 24, and last year, some 4.1 million people became newly infected with the virus; and Whereas, according to the Philadelphia Department of Health, there are about 30,000 people living with HIV in the Greater Philadelphia Region and Philadelphia has HIV infection rates 5 times higher than the national average and double that of New York City; and

Councilwoman Brown

Whereas, to promote local awareness, AIDS Fund will again participate in a number of World AIDS Day events throughout the Philadelphia Region, displaying the AIDS Memorial Quilt, and providing opportunities for people to unite in the fight against HIV, show their support for people living with HIV, and commemorate those we have lost; now, therefore, be it Resolved, that this Council of Stated Meeting December 14, 2017 does declare and recognize December 1st as World AIDS Day. Further resolved, that an engrossed copy of this resolution will be presented to representatives of the AIDS Fund as a sincere expression of City Council's gratitude and appreciation for your good work and your ongoing efforts to raise the public's awareness regarding HIV/AIDS and address this ongoing health crisis. Introduced by Councilmembers Derek Green and Helen Gym and supported by all the members of the Philadelphia City Council. We thank you for your important work. (Applause.)

Council President Clarke

The Chair recognizes Mr. Reichard for remarks.

Mr. Reichard

I'd like to thank Councilman Clarke, Councilman Green for putting this resolution forward. We've come a long way in the Stated Meeting December 14, 2017 the last 36 years. Where once we were watching our friends, family, and neighbors die with no real treatments to help them, today we have a vast array of treatments. Today we're able to talk about getting to zero, zero stigma, zero new infections, and zero deaths, and we have all the tools we need to do that. We must continue to fight stigma on a day-to-day basis. We must continue to talk about HIV and keep it in front of people, continue to raise awareness. But we also now know that the same medicines that keep people alive with HIV will help slow the spread of HIV. Today people at high risk can take one pill a day and almost eliminate their chance of contracting the virus, but we must make sure that that is available to them and that they know about it. Today we also know that those in care and in treatment with HIV will not pass the virus on to anyone else. It Stated Meeting December 14, 2017 we remove every barrier that exists for people getting into and maintaining their care. We have all the tools we need to get to zero. We just have to continue and have the will to do it. So thank you for helping us to raise awareness about this critical issue. Thank you very much. (Applause.)

Council President Clarke

Council will be at ease. (Council at ease.)

Council President Clarke

Thank you very much. The next order of business is communications, and the Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. Mr. Decker, please read those messages.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 Stated Meeting December 14, 2017 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission on the following bills: Bill Nos. 170986, 170987, 170989, 170990, 170997, 170999, 171006, and 171015. And I am pleased to advise you that on December 12, 2017 I signed all of the bills which were passed by Council at its session on November 30, 2017. And I am submitting herewith for the consideration of your honorable body an ordinance amending Chapter 9-4300 of The Philadelphia Code, entitled "Wage Theft Complaints," to make various wage-related violations a violation of the Code; to further provide for determinations by the City regarding wage theft complaints and for appeals of such determinations; and An ordinance constituting the Twentieth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as Stated Meeting December 14, 2017 supplemented; authorizing the Bond Committee to issue and sell one or more series or subseries of tax-exempt or taxable water and wastewater revenue bonds and revenue refunding bonds; and An ordinance constituting the Twenty-First Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as amended and supplemented (the "General Ordinance"), providing for certain amendments to the General Ordinance, all under certain terms and conditions.

Council President Clarke

Thank you, Mr. Decker. Do you have any additional communications?

Chief Clerk

I have none, Mr. President.

Council President Clarke

Thank you very much. And our next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Reynolds Brown. Stated Meeting December 14, 2017

Councilwoman Brown

Thank you, Mr. President. I offer this morning one bill and three resolutions, and I'll speak very briefly on the one resolution sponsored by the women of Philadelphia City Council.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

An ordinance providing for the submission to the qualified electors of the City of Philadelphia of a proposal set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter relating to the provision of mandatory training for City officers and employees regarding sexual harassment in the workplace.

Council President Clarke

Referred to committee.

Chief Clerk

And a privileged resolution recognizing 314 Action for Its Tireless Efforts Advocating for Science, Technology, Engineering, and Mathematics Stated Meeting December 14, 2017 Principles Across All Levels of Government.

Council President Clarke

Today's Calendar.

Chief Clerk

And a privileged resolution authorizing the City Council Committee of the Whole to hold hearings examining economic inclusion and diversity participation in professional services, capital projects, construction projects, business contracting, and other contracted work related to the Fashion District Philadelphia projects and all other projects that are beneficiaries of TIF financing.

Council President Clarke

And that will be on today's Calendar.

Chief Clerk

And a non-privileged 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. Stated Meeting December 14, 2017

Council President Clarke

And that will be referred to committee. And the Chair recognizes Councilwoman Blackwell -- oh, Councilwoman, you wanted to speak. I'm sorry.

Councilwoman Brown

Yes, Mr. President. Very briefly on the last resolution. While we, the members of the Philadelphia City Council and the Women's Caucus, are proud to put forth a resolution calling for mandatory sexual harassment training for all employees of the City of Philadelphia, what we know now is that sexual assault, sexual harassment knows no racial, no gender, nor class boundaries, period. We want to make it clear that this is only a first step towards creating an environment across Philadelphia in which this pervasive issue can be eliminated from our workplace. With that said, we believe Stated Meeting December 14, 2017 training is essential, but it is not enough to just educate our staff members and City employees once a year. We must work to change behaviors in the workplace and not just telling boys what they should not do, but recognize it when we see it and then act upon it in a way that is responsible and forthcoming. And with that, Mr. President, we present this resolution and we look forward to the hearings next year. Thank you, Mr. President.

Council President Clarke

Thank you, Councilwoman. The Chair now recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. Today I introduce one non-privileged resolution, three bills, two of which are on your behalf.

Council President Clarke

Thank you, Councilwoman.

Councilwoman Blackwell

Thank you. Stated Meeting December 14, 2017

Chief Clerk

An ordinance constituting the Twenty-First Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as amended and supplemented, providing for certain amendments to the General Ordinance; and An ordinance constituting the Twentieth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented; authorizing the Bond Committee to issue and sell one or more series or subseries of tax-exempt or taxable water and wastewater revenue bonds and revenue refunding bonds; and An ordinance amending portions of Title 4, Sub Code "F" of the Philadelphia Code to establish inspection and certification requirements for all smoke control systems and smoke and fire dampers in limited occupancies and amending the periodic testing requirements of fire protection systems. Stated Meeting December 14, 2017

Council President Clarke

Those three bills just read by the Chief Clerk will be referred to the appropriate committee.

Chief Clerk

And a non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Forty-Sixth Ward of the City of Philadelphia.

Council President Clarke

And that will be on next week's Calendar. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. Today I offer one bill and on your behalf one resolution.

Council President Clarke

Thank you, Councilman. Stated Meeting December 14, 2017

Chief Clerk

An ordinance amending Chapter 9-4300 of The Philadelphia Code, entitled "Wage Theft Complaints," to make various wage-related violations a violation of the Code; to further provide for determinations by the City regarding wage theft complaints and for appeals of such determinations.

Council President Clarke

That bill will be referred to committee.

Chief Clerk

And a non-privileged resolution authorizing the Philadelphia Land Bank to dispose of 1443 North Dover Street located in the Fifth Councilmanic District.

Council President Clarke

And that will be on next week's Calendar. The Chair recognizes Councilman Henon.

Councilman Henon

Thank you, Council President. Today I offer two bills.

Council President Clarke

Thank you, Councilman. Stated Meeting December 14, 2017

Chief Clerk

An ordinance establishing a no truck parking regulation on both sides of the 6000 block of Vandike Street.

Council President Clarke

Referred to committee.

Chief Clerk

And an ordinance amending Title 21 of The Philadelphia Code, entitled "Miscellaneous," by adding a new Chapter 21-2600, entitled "Real Estate Transfers," to establish requirements that sellers of real estate provide to buyers certain information regarding zoning and Code compliance in connection with the property, and establishing penalties and related requirements.

Council President Clarke

Referred to committee. The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. Two bills, one privileged and one non-privileged resolution Stated Meeting December 14, 2017 co-sponsored by Greenlee, Kenyatta Johnson, Oh.

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance terminating a no parking regulation on Cresson Street between Pensdale Street and Rector Street, west side.

Council President Clarke

Referred to committee.

Chief Clerk

And an ordinance establishing a no truck parking regulation on both sides of 75th Street from Brockton Road to Lansdowne Avenue.

Council President Clarke

Referred to committee.

Chief Clerk

And a privileged resolution authorizing the City Council Committee on Public Safety to hold hearings examining the emerging trend of gang recruitment through social media, and the impact it has on "corner wars" occurring across many Philadelphia neighborhoods. Stated Meeting December 14, 2017

Council President Clarke

And that will be on this week's Calendar. The Chair recognizes Councilman -

Chief Clerk

And a non-privileged resolution authorizing Philadelphia to officially join the National Stepping Up Initiative, which focuses on reducing the number of individuals with mental illnesses in jail in counties across the country.

Council President Clarke

And that will be on next week's Calendar. The Chair recognizes Councilman Johnson.

Councilman Johnson

Council President, I have three bills and one privileged resolution.

Council President Clarke

Thank you, Councilman.

Councilman Johnson

You're welcome.

Chief Clerk

An ordinance amending Chapter 10-800 of The Stated Meeting December 14, 2017 Philadelphia Code, entitled "Safety," by repealing certain provisions of Section 10-806 (relating to construction of reviewing stands) and amending other provisions of said Section; and An ordinance amending Chapter 9-400 of The Philadelphia Code, entitled "Carriers" by repealing certain provisions relating to motor buses; and An ordinance amending Chapter 9-700 of The Philadelphia Code, entitled "Amusement Businesses," by repealing Section 9-704 (relating to motion pictures); and A privileged resolution honoring the twentieth anniversary of Philadelphia International Airport's Exhibitions Program and recognizing PHL for its dedication to improving its passenger experience through arts and cultural programming.

Council President Clarke

Those three bills just read by the Chief Clerk will be referred to the appropriate Stated Meeting December 14, 2017 committee and the resolution will be on this week's Calendar. The Chair recognizes Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Thank you, Mr. President. I have four bills and one non-privileged resolution.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by repealing certain provisions relating to refuse collection; and An ordinance amending Chapter 10-800 of The Philadelphia Code, entitled "Safety," by repealing certain provisions relating to excavations and obstructions; and An ordinance amending Chapter 9-700 of The Philadelphia Code, entitled "Amusement Businesses," by repealing Section 9-708 (relating to compulsory Stated Meeting December 14, 2017 vehicular amusement device insurance); and An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by repealing Section 9-630 (relating to sale of used cars).

Council President Clarke

Those four bills just read by the Chief Clerk will be referred to the appropriate committee.

Chief Clerk

And a non-privileged resolution renaming the 4700 block of Ella Street "Mike McCrea Way."

Council President Clarke

And that resolution will on the next session of Council agenda. The Chair recognizes Councilman Green.

Councilman Green

Thank you, Council President. I have one privileged resolution for an organization whose title defines achievement. Stated Meeting December 14, 2017

Council President Clarke

Okay. Thank you, Councilman. Councilman, we seem to be a little befuddled up here. Exactly what did you say?

Councilman Green

One privileged resolution for an organization that defines achievement.

Council President Clarke

Okay.

Chief Clerk

A privileged resolution recognizing the Philadelphia Alumni Chapter on the occasion of the 107th annual Founders' Day of Kappa Alpha Psi Fraternity, Inc.

Council President Clarke

All right. We get it. We get it. That will be on this week's Calendar. The Chair recognizes Councilwoman Parker.

Councilwoman Parker

After that, Mr. President, I have no bills or resolutions for introduction.

Council President Clarke

Stated Meeting December 14, 2017 Thank you, Councilwoman. The Chair recognizes Councilman Domb.

Councilman Domb

Good morning, Council President. I have no bills or resolutions today. Thank you.

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilwoman Gym.

Councilwoman Gym

Good morning, Council President. I have three privileged resolutions.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

A privileged resolution authorizing the Committee on Children and Youth to hold public hearings reviewing the quality of services, and namely the quality of education, that residential placements contracted with the City of Philadelphia provide for the care, treatment, and development of Philadelphia youth. Stated Meeting December 14, 2017

Council President Clarke

This week's Calendar.

Chief Clerk

And a privileged resolution authorizing the Committee on Children and Youth and the Committee on Education to hold hearings reviewing the current state and role of social workers in Philadelphia schools and examining best practices for integrating schoolwide social workers to create safer and more supportive educational environments.

Council President Clarke

This week's Calendar.

Chief Clerk

And a privileged resolution recognizing Tarana Burke for her tenacity and spirit in creating a platform for empowerment through empathy by spearheading the #MeToo movement, and honoring the "Silence Breakers" for their bravery in creating awareness through sharing stories of sexual harassment, sexual violence, and resilience and for subsequently being named TIME's 2017 Person of the Year. Stated Meeting December 14, 2017

Council President Clarke

And also this week's Calendar. The Chair recognizes Councilman Taubenberger.

Councilman Taubenberger

Thank you, Council President. I have three bills, two on behalf of the Special Committee on Regulatory Review and Reform and one bill authored by myself co-sponsored by you and Councilman Kenyatta Johnson. Thank you.

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance amending Section 10-602 of The Philadelphia Code, entitled "Smoking," by adding smoking restrictions at certain bus stops.

Council President Clarke

Referred to committee.

Chief Clerk

And an ordinance amending Chapter 10-800 of The Philadelphia Code, entitled "Safety," by repealing certain provisions relating to Stated Meeting December 14, 2017 police and fire radio broadcasts.

Council President Clarke

Referred to committee.

Chief Clerk

And an ordinance repealing Chapter 13-700 of The Philadelphia Code, entitled "Garbage Disposal Units."

Council President Clarke

Also referred to committee. Thank you. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Mr. President. I have no bills or resolutions.

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilman Squilla.

Councilman Squilla

Thank you, Mr. President. I offer four bills, one co-sponsored with you, and one non-privileged resolution co-sponsored with you.

Council President Clarke

Stated Meeting December 14, 2017 Thank you, Councilman.

Chief Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Moore Street, Sixth Street, McClellan Street, and Seventh Street; and An ordinance adopting an amendment to the Articles of Incorporation of the South Street Headhouse District of Philadelphia to extend the term of that Authority; and An ordinance approving the plan, estimated costs and proposed method of assessment and charges of the South Street Headhouse District of Philadelphia for and concerning business improvements and administrative services to the eastern South Street and Headhouse areas of the City of Philadelphia; and An ordinance establishing a neighborhood improvement district, to be known as the Northern Liberties Business Stated Meeting December 14, 2017 Improvement District, in an area that generally includes both sides of North 2nd Street from the north side of Callowhill Street to the south side of Girard Avenue, both sides of North 3rd Street from Spring Garden Street to the south side of Wildey Street, Spring Garden Street from North 2nd Street to the eastern side of North 5th Street, and certain blocks of streets that intersect portions of these streets; designating the Northern Liberties Business Improvement District, Inc., which has organized itself as a Pennsylvania non-profit corporation, as the Neighborhood Improvement District Management Association for the District.

Council President Clarke

Those four bills just read by the Chief Clerk will be referred to the appropriate committee.

Chief Clerk

And a non-privileged resolution initiating action to establish a neighborhood Stated Meeting December 14, 2017 improvement district in an area that generally includes both sides of North 2nd Street from the north side of Callowhill Street to the south side of Girard Avenue, both sides of North 3rd Street from Spring Garden Street to the south side of Wildey Street, Spring Garden Street from North 2nd Street to the eastern side of North 5th Street, and certain blocks of streets that intersect portions of these streets, to be known as the Northern Liberties Business Improvement District, for which the Northern Liberties Business Improvement District, Inc., which has organized itself as a Pennsylvania non-profit corporation, serves as the Neighborhood Improvement District Management Association.

Council President Clarke

And that will be referred to committee. Let the record reflect that the BID resolution shall be on the next session of Council's Calendar. Stated Meeting December 14, 2017 Bass.

Councilwoman Bass

Thank you, Mr. President. I offer one privileged resolution.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

A privileged resolution congratulating the Northwest Raiders for winning the 61st Annual Division I Varsity Pop Warner National Championship.

Council President Clarke

And that will be on this week's Calendar. The Chair recognizes Councilman Oh.

Councilman Oh

Thank you very much, Council President. I offer no bills or resolutions.

Council President Clarke

Thank you, Councilman. That concludes our introduction of bills and resolutions, and we will now move to our reports from committee. Stated Meeting December 14, 2017 Councilman Henon for a report from the Committee of the Whole.

Councilman Henon

Thank you, Mr. President. The Committee of the Whole reports six resolutions out with a favorable recommendation.

Council President Clarke

Thank you. Mr. Decker, would you please read that report.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee of the Whole, to which was referred Resolution No. 171062, entitled a "Resolution reappointing Jay S. Feldstein to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion"; and Resolution No. 171063, entitled a "Resolution reappointing Bernie Prazenica to the Board of Directors of the City Avenue Special Services District Stated Meeting December 14, 2017 Merion"; and Resolution No. 171064, entitled a "Resolution reappointing Mark C. Reed to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion"; and Resolution No. 171065, entitled a "Resolution reappointing Gary Brandeis to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion"; and Resolution No. 171070, entitled a "Resolution appointing Angela Bowie to the Board of Directors for the Germantown Special Services District"; and Resolution No. 171071, entitled a "Resolution appointing Charles L. Richardson to the Board of Directors for the Germantown Special Services District," respectfully reports it has considered the same and returns the attached resolutions to Council with a favorable recommendation.

Council President Clarke

Stated Meeting December 14, 2017 you, Mr. Decker. The Chair again recognizes Councilman Henon.

Councilman Henon

Thank you, Mr. President. I move that the rules of Council be suspended so as to permit the consideration of these six resolutions read by the Clerk on today's Final Passage Calendar. (Duly seconded.)

Council President Clarke

Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit the consideration of Resolutions 171062, 171063, 171064, 171065, 171070, and 171071 on today's Final Passage Calendar. All those in favor say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. The motion passes. These Stated Meeting December 14, 2017 on today's Final Passage Calendar. The Chair now recognizes Councilman Greenlee for a report from the Committee of Law and Government.

Councilman Greenlee

Thank you, Mr. President. The Committee on Law and Government reports one bill and one resolution with a favorable recommendation.

Council President Clarke

Thank you. Mr. Decker, please read that report.

Chief Clerk

The Committee on Law and Government, to which was referred Bill No. 170954, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Educational Supplement to the Philadelphia Home Rule Charter, relating to the selection of the Members of the Board of Education, as approved by Stated Meeting December 14, 2017 Council; fixing the date of a special election for such purpose; prescribing the form of ballot question to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election"; and Resolution No. 170967, entitled a "Resolution proposing an amendment to the Educational Supplement to the Philadelphia Home Rule Charter relating to the selection of the Members of the Board of Education; and providing for the submission of the amendment to the electors of Philadelphia," respectfully reports it has considered the same and returns the attached bill and resolution to Council with a favorable recommendation.

Council President Clarke

Thank you, Mr. Decker. The Chair again recognizes Councilman Greenlee.

Councilman Greenlee

Thank Stated Meeting December 14, 2017 you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 170954. (Duly seconded.)

Council President Clarke

Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 170954. All those in favor say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and the bill will be placed on the First Reading Calendar for today. Resolution No. 170967 will be placed on the Final Passage Calendar at the next session of Council. Next up we will have consideration of the Calendar. I note Stated Meeting December 14, 2017 12/14/17 - STATED - 1ST READING that the bills just reported from committee with a suspension of the rules have been deemed to have had a first reading. These bills will be placed on the Second Reading and Final Passage Calendar at our next session of Council. Mr. Decker, please read any other bills on the First Reading Calendar.

Chief Clerk

Bill No. 170678, entitled "An ordinance amending Title 7 of The Philadelphia Code, entitled 'Housing Code,' by adding a new Chapter 7-200, entitled "Mixed Income Housing Program," to provide for affordable housing standards; amending Section 14-702 of The Philadelphia Code, entitled "Mixed Income Housing," to make related changes; amending Chapters 14-600 and 14-700 of The Philadelphia Code, entitled, respectively, "Use Regulations" and "Development Standards," to amend certain zoning standards relating to residential development. Stated Meeting December 14, 2017

Council President Clarke

The Chair agrees. This bill will be placed on the Second Reading and Final Passage Calendar for our next session of Council. The Chair now recognizes Councilman Henon for a motion concerning the bills on the Second Reading and Final Passage Calendar.

Councilman Henon

Thank you, Mr. President. I move that the rules of Council be suspended as to permit the use of a Consent Agenda to consider the following bills on the Second Reading and Final Passage Calendars today: That is, Bill Nos. 170821, 170927, 170959, 170960, 170986, 170987, 170990, 170719, 171012, 171052, 171053, 170957, 170958, 170877, 170991, 170994, 170999, 171000, 171011, 171015, 170992, 170993, 170998, 171001, 171006, 171007, 171008, 171013, 170856, 170904, 170989, 170897, 170794, 170795, 170796, 170797, 170798, 170799, and 170800. (Duly seconded.) Stated Meeting December 14, 2017 2ND READING

Council President Clarke

Thank you. It has been moved and properly seconded that the rules of Council be suspended to permit the use of a Consent Agenda to consider the bills just read by Councilman Henon. All those in favor please indicate by saying aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, the motion carries, and we will consider the Consent Agenda shortly. The Chair now again recognizes Councilman Henon for the purpose of calling up bills and resolutions on the regular Second Reading and Final Passage Calendar.

Councilman Henon

Thank you, Mr. President. In addition to the bills being considered on the Consent Agenda, the following resolutions and bills are Stated Meeting December 14, 2017 being called up from the Second Reading and Final Passage Calendars today: Bill Nos. 171086, 171087, 171088, 171089, 171090, 171092, 171094, 171095, 171098, 171100, 171111-A, 170849-A, 170850, and 170963. All other bills and resolutions are being held.

Council President Clarke

Thank you very much. We will now consider our public comment session. If you are interested in testifying on a bill or resolution that is on the Final Passage Calendar, if you haven't already done so, you can sign up at the table to my left. When your name is called, you will go to the podium in the middle of the Council Chambers. 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 conclude your remarks and Stated Meeting December 14, 2017 adhere to our guidelines. For the record, the overwhelming response for Bill No. 170963 as it relates to individuals interested in testifying on that, what we have done is asked the pro and con to pare that list back to ten on each side. So we will have that opportunity, because we want to make sure that everybody has an opportunity and there's a fair and equitable conversation around this to participate and cooperate with this process. Thank you very much for your cooperation. Mr. Decker, please call the first name on the list.

Chief Clerk

Chheng Muoy, commenting on 170963. (Applause.) (Witness approached podium.)

Council President Clarke

And I would ask the audience to respect the individuals testifying. You may or may Stated Meeting December 14, 2017 not agree with it, but we'd ask that you please respect their right in a public forum to have their say. Thank you very much. Good morning.

Ms. Chheng

Thank you. Thank you, everybody. (Through interpreter): My name is Muoy Chheng. I live in South Philadelphia, 17th Street. My son's name Lucky Lee. I have a convenience store at South Philly. At the time my convenience store doesn't have a bulletproof glass. When my son came back from college, he was shot inside the store. After that my store was set up by the bulletproof glass. At the time, my son already dead. My son was shot by two guys came to rob in my convenience store, and after that, I set up a bulletproof glass. So please don't take the bulletproof glass from us. If you took the bulletproof glass from our store, there will be more people die. Stated Meeting December 14, 2017 Thank you.

Council President Clarke

Thank you for your testimony. (Applause.)

Chief Clerk

Yolanda Ballenger, commenting on 170963. (Witness approached podium.)

Ms. Ballenger

Good afternoon. (Applause.)

Council President Clarke

Good morning.

Ms. Ballenger

First of all, I would like to say thank you for letting me speak. I was involved with the -

Council President Clarke

Just state your name for the record.

Ms. Ballenger

My name is Yolanda Ballenger.

Council President Clarke

Thank you.

Ms. Ballenger

I was involved with two tragedies. 1994 before the bulletproof glass was put up, I was involved with a robbery that went wrong Stated Meeting December 14, 2017 and the owner got killed. 2007 my dad that served his country for the Marines retired, worked the waterfront, and he got a job working for Textile and Science College as a foreman for the renovation of they college. He was on his way to work and he stopped at a Chinese store to get food to take for his night job. A robbery went wrong and my father lost his life. It just so happened the owner didn't because he had the bulletproof glass up. So I just beg you, please do not pass that bill. Thank you. (Applause.)

Council President Clarke

Thank you for your testimony.

Chief Clerk

Joe Brown. (No response.)

Chief Clerk

Joe Brown. (No response.)

Chief Clerk

Michelle Tran. (No response.) Stated Meeting December 14, 2017

Chief Clerk

Michelle Tran. (No response.)

Chief Clerk

Reverend Robert Shine, commenting on 170963. (Witness approached podium.) (Applause.)

Reverend Shine

Good morning, Mr. President -

Council President Clarke

Good morning.

Reverend Shine

-- members of City Council. I stand here to make a privileged request, and that privileged request is that you consider or reconsider Section (g) of this bill. The reason being that it would certainly expose the proprietors to greater hazards of danger to their lives, as the two former speakers have testified. And this is not a health issue than the reason that I stand here is that to give good consideration to review that once again and remove it for the safety of those proprietors in that establishment. I Stated Meeting December 14, 2017 think it would be just, fair, and right that you do so. I think that we are not a city to expose any of our citizenry to hazards of life and to endangerment of their property. I think in the wisdom that is exhibited continuously in this City Council, that they would do the right thing. Further, with your permission, I would like to add a third reason, and I'm sure that you may right now be aware, but I want to make City Council aware that in addition to that, in August of 2018 the Progressive National Baptist Convention will be convening here at the Center City Marriott. One of the things that we want to introduce them to is the restaurants in the immediate area. We're talking about some 3,000 conveners here in the City. That's significant. And having the seating in the restaurant, available seating in the restaurant, we applaud all of those things that are in Stated Meeting December 14, 2017 this legislation, but in addition, as an officer of the convention, I would want to also be certain that their visit to these establishments will not hazard them at all given the number of persons that we are expecting. So that's a personal thing because of what we are anticipating in the year to come, but as far as this legislation and Section (g), I respectfully ask that you reconsider for the removal of that particular section, Mr. President and members of City Council, with all due regard and respect to the Chinese community, as this I believe will impact on them more than any other establishment in our city. Thank you for allowing me this privilege, and I'm looking forward to your reconsideration. (Applause.)

Council President Clarke

Thank you for your testimony.

Chief Clerk

Michelle Tran, Stated Meeting December 14, 2017 commenting on 170963. (Applause.)

Ms. Tran

Excuse me. Sorry about that. I was going to the restroom. My name is Michelle Tran. I'd like to talk about please, please we -- I was a victim of a robbery when I was ten years old, and I don't want that to happen again. Please, we agree with the seating and we agree with the bathroom and the foods. We will be willing to do everything in our power to have you enforce existing laws, but please allow us to keep the protection for ourselves and for our employees and for the community. Thank you. (Applause.)

Council President Clarke

Thank you for your testimony.

Chief Clerk

Bishop Peter Hwang. (Applause.) (Witness approached podium.) Stated Meeting December 14, 2017

Bishop Hwang

Good afternoon, Mr. President and all the member of Council. My name is Bishop Peter Hwang. I'm the President of the Friends Council of USA and also I'm a member of Religious Leaders Council of Greater Philadelphia. And also I'm a Chairperson for the past President of Korean Council of Churches in Philadelphia. I just flew from California and I just arrived to testify at the Council. And, first of all, I really appreciate to the white American as well as black African American. You sacrifice to build up a beautiful country as the greatest country in the world. And especially I really appreciate to the black communities, because they sacrifice their human right struggles. Give the old Asian or the Latino communities to build up the strong communities in the nation. And I've been working the Racial Reconciliation Ministry about 30 years in Philadelphia as well as USA. During the Stated Meeting December 14, 2017 1970s and '80s, there are so many victims among the Asian American and especially the Korean American merchants, and as a current member, I also wonder why these things happen to our beautiful country, and I found out there are a lot of misunderstanding between the two communities. Number one, the language barrier is so great as well as the cultural barriers. The black African American, even though there are a lot of different background, but they are using the only one language. Latino communities, they are using the same language. But if we come to the Asian, there are so many different Asians who have totally different languages and totally different cultural differences. So among Asian, most of the American, they identify us as the Asian, but we are all different. But what I'm trying to say is if you take down the safety glasses, I Stated Meeting December 14, 2017 really -- the owner try to looking for the dignity of those human lives, but the life is more important than the dignity.

Council President Clarke

Thank you.

Bishop Hwang

So if you take down the safety glasses, most of the life will be in danger and then everybody will take carrying a gun and there will be violence. I'm so sorry. So most -

Council President Clarke

If you can just conclude.

Bishop Hwang

Yeah. So really ask you, humbly ask you, if you want to make a beautiful brotherly love and sister affection city in this for the City --

Council President Clarke

Thank you.

Bishop Hwang

-- I think that you are bringing the culture on the issue. Thank you so much. Stated Meeting December 14, 2017

Council President Clarke

Thank you. (Applause.)

Chief Clerk

Kay Thompson. (No response.)

Chief Clerk

Kay Thompson. (No response.)

Chief Clerk

William Swasey. (Applause.) (Witness approached podium.)

Council President Clarke

Good afternoon.

Mr. Swasey

Good afternoon, everyone. My name is William Swasey. I've had the privilege of working around this country for 20 years and seeing different situations. One such particular situation was in Houston, Texas where the establishment did have bulletproof glass just on the outside, not to protect the clerks or anybody, but there was a shooting that took place. Luckily the bullets that were flying inside the building, they didn't go Stated Meeting December 14, 2017 outside and hit anybody in the head. No kids got hit. None of that. I've been at two such instances where there was no glass. Now I've been in situations where someone did attempt to rob somebody where there was glass available and it deterred them. They went in, they tried. It was unsuccessful. We have security measures everywhere we go, the airport, a bar, coming into this building. Everyone likes to work safe. I'm a welder by trade. I have measures that I take to make my job safe. So who are we to refuse these citizens their right to be safe? It not only protects them but it also protects the people, the patrons that are going there shopping at their establishments. Everyone wants to shop safe. Everyone wants to work safe. That's about all I got. We have no right to take away their safety. Stated Meeting December 14, 2017 That's just plain and simple. Thank you.